The Federal Court System Review Three levels District, Appeals, Supreme

THE ESTABLISHMENT OF FEDERAL COURTS THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article III ALL OTHER FEDERAL COURTS WERE CREATED BY JUDICIARY ACTS OF CONGRESS (GIVEN THIS POWER BY THE CONSTITUTION) JUDICIARY ACT 1789 CREATED THE DISTRICT COURTS AND APPEALS COURTS JUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS

FEDERAL COURT EXCLUSIVE JURISDICTION JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE (Federal Cases) THE CONSTITUTION ISSUES VIOLATIONS THE FEDERAL LAW DISPUTES BETWEEN STATES DISPUTES CITIZENS FROM DIFFERENT STATES FEDERAL GOVERNMENT CONTROVERSIES FOREIGN GOVERNMENT AND TREATIES ADMIRALTY & MARITIME LAWS U.S. DIPLOMATS

OTHER FORMS OF JURISDICTION EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE ONLY BY FEDERAL COURT CONCURRENT JURISDICTION: RIGHT OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASE LOWER FEDERAL COURTS ORIGINAL JURISDICTION: RIGHT TO HEAR AND DECIDE CASES FIRST (DISTRICT COURTS) APPELLATE JURISDICTION: RIGHT TO HEAR AND DECIDE A CASE ONLY ON APPEAL FROM A LOWER COURT: (APPEALS COURTS OR CIRCUIT)

U.S. District Courts Lowest level of federal courts The majority of federal cases begin at this level 94 District courts, at least 1 in each state Responsible for determining the facts of the case Only federal court in which witnesses testify and juries hear cases and reach verdicts

U.S. Courts of Appeals Second level of federal courts 13 Federal Appeals courts Appeals courts reviews decisions made by a lower court when petitioned Cases are appealed due to error, new evidence, or unfairness

U.S. Court of Appeals (con’t) A panel of 3 or more judges review the cases and listens to arguments from lawyers, then makes a decision Possible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)

Federal Court Officials Judges: appointed by the president with Senate approval. Serve a lifetime term. Chief decision makers in the judicial branch. Magistrates: issue court orders, issue search warrants, preliminary hearings, determine if case should go to court. U.S. attorney: appointed by President for 4 year terms with Senate approval. Government lawyers who prosecute accused persons for breaking federal laws. Marshals: make arrests, collect fines, protect jurors, serve legal papers

Supreme Court: Jurisdiction Supreme Court has original jurisdiction in 2 instances 1. cases involving diplomats from foreign countries 2. cases in which a state is involved

Justices of the Supreme Court 8 associate justices lead by a chief justice (9 total) Appointed by the president with Senate approval Appointed for a life term No official requirements; all have been lawyers

Selection of Justices Can be remove by impeachment FBI investigates Senate approves 2/3 vote President’s legacy: pick justices and judges that are from their own political party & have same ideology (idea)

Supreme Court Powers Judicial Review: decide if a law or action by government officials is allowed by the Constitution Judicial Review was established in the court case Marbury v. Madison Interpreting Law: decide what law really means

Powers of the Court Marbury vs. Madison Supreme Court has final ruling Judicial Review Power to say federal, state, local law, government action against Constitution John Marshall made decision that created Judicial Review Power: Constitution supreme law to land Federal law supreme to state Courts duty uphold the Constitution

Supreme Court Case Docket Court Docket (calendar) Court chooses what cases it will hear & not hear Less than 200 per year Final authority in all cases When court refuses to review a case from a lower court, the lower courts decision stands (upheld)

Interpreting the Constitution Supreme court decides what Congress meant by vague laws it often makes 5 year prison violent crime Use of gun: What does this mean to you? Court meaning: person must show, fire, or say I have a gun

Deciding what cases to hear Year begins October and ends in June/July of next year Each month is divided into 2 weeks listening to oral arguments 2 weeks in recess (do all work) Write opinions & study new cases During summer break Study applications for review, catch up on other legal work

Steps in Court’s Decision Activity Written Arguments: Lawyer prepares briefs A Justices ask questions of the lawyers a Copies printed and opinions posted on the web

Answers 1.Written Arguments: lawyers prepares briefs. 2. justices study briefs 3.Oral arguments: lawyers for each side argue the case 4. Justices ask questions of the lawyers 5. Conference: Justices make decisions about cases (majority of 5 required) 6. Opinion Writing: after decision reached justices write an opinion 7. Announcement 8. Copies printed and opinions posted on the web.

NC Judicial Branch The North Carolina Judicial Branch interprets state laws and executive orders. NC has two kinds of trial courts 1. Superior Court- handle civil cases more than $10,000 and felonies 2. District Court – juvenile law, divorce and other family law, mental hospital commitments, traffic violations civil cases, or disputes involving less than $10,000, misdemeanors (minor crimes)

TYPES OF COURTS NC JUDICIAL BRANCH SUPREME COURT NC COURT OF APPEALS SUPERIOR COURT DISTRICT COURTS

JUDICIAL BRANCH NC SUPREME COURT 1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS 1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES

North Carolina Supreme Court The highest court in NC NC Supreme Court reviews cases appealed from the NC Appeals Court, if there is new evidence, unfair trial, or due process not followed. 1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.

JUDICIAL BRANCH COURT OF APPEALS 15 JUDGES – PANELS OF 3 THAT CIRCULATES 8 YEAR TERMS HEARS APPEALS FROM ALL DISTRICT COURTS HEARS ALL APPEALS FROM SUPERIOR BUT 1ST DEGREE MURDERERS WITH DEATH PENALTY APPEALS FROM AGENCIES

North Carolina Appellate Courts A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial. Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.

JUDICIAL BRANCH SUPERIOR COURTS 8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT 8 YEAR TERMS HEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORS CIVIL CASES OVER $10,000 FELONIES

NC General Trials Courts Superior Court: cases involving serious crimes (felonies) or civil cases involving more than $10,000. There will be a jury of your peers to decide the case. The judge keeps order, sentences the defendant if guilty, and can overturn a verdict reached by the jury if he or she feels the jury has not been impartial.

JUDICIAL DISTRICT COURTS 39 DISTRICTS AT LEAST 1 JUDGE/ DISTRICT HAS A JURY TRIAL HEARS MISDEMEANORS CIVIL CASES UNDER $10,000 DOMESTIC RELATIONS CASES FAMILY COURT, JUVENILE 16 & UNDER

NC General Trials Courts (con) District Courts criminal district court-misdemeanors civil cases involving less than 10,000 juvenile court magisterial -traffic tickets, fines, etc There is no jury for district courts only a judge.

Landmark Court Decisions pg 392 Bayard v. Singleton State v. Mann The Leandro Case