Objective Describe the…

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Presentation transcript:

Objective 5.1-5.4 Describe the… 5.1-Structure of the federal Judicial Branch 5.2-Powers of the J. B. 5.3-Different jurisdictions of J. B. 5.4- Courts of the Federal Judicial Branch

Objective 5.1 Article III of the US Constitution created the Supreme Court and “all lesser courts”

Federal Courts Federal Courts hear cases involving federal laws Involving Constitutional questions

All federal Judges… are appointed by President approved by Senate Serve term as judge for life

5.3- Types of Federal Jurisdiction authority to take legal action **Federal Courts have 2 types of Jurisdiction**

Original Jurisdiction- Court trials begin in courts with original jurisdiction- Judges & Jury make decisions Your image of a court case -judge, jury, witnesses, lawyers arguments

Appellate Jurisdiction- these types of courts hear appeals from lower courts- Appeal= request to have another court review your case

Appellate Jurisdiction- these types of courts hear appeals from lower courts- Review original case to be sure it was fair No jury, No re-trial Group of Judges make decisions

5.4-Organization and Jurisdiction of the Judicial Branch

5.4-Organization and Jurisdiction of the Judicial Branch Supreme Court (1 in US) Court of Appeals (12 in US) District Court (94 in US)

Lowest federal courts Trial Courts 94 total in the US U.S. District Courts Lowest federal courts Trial Courts 94 total in the US

Original jurisdiction Court cases start in District Courts District Courts have… Original jurisdiction Court cases start in District Courts

the only federal court where jury trials are held District Courts are… Judges and Jury make decisions the only federal court where jury trials are held

District Courts are where… 90% of work is done Most court cases are heard in District Court

CAN’T Hear Appeals (Do not have appellate jurisdiction) District Courts… CAN’T Hear Appeals (Do not have appellate jurisdiction)

Hears appeals of District courts U.S. Court of Appeals Hears appeals of District courts

Court of Appeals has 12 Courts in the US

appellate jurisdiction only only hears appeal cases from lower courts Court of Appeals has… appellate jurisdiction only only hears appeal cases from lower courts

Appeal= judge looks over earlier court decision Court of Appeals… Appeal= judge looks over earlier court decision

Decisions of Court of Appeals: A group of 3 judges makes another decision in the case NO JURY TRIALS

Decisions of Court of Appeals … Court of Appeals judges decide if original trial decision was fair… if it was not a fair decision then they can reverse the original court’s decision

Function of Court of Appeals THIS IS A REVIEW of the TRIAL given DISTRICT COURT NOT a new trial!!

U.S. Supreme Court Highest court in the US

Highest Court in the Land!!! Supreme Court is… Highest Court in the Land!!!

Supreme Court has BOTH appellate and original Jurisdiction

Appellate jurisdiction Most of the time hears appeal cases from- US Court of Appeals State Supreme Courts.

Has original jurisdiction in only 3 types of cases. Cases involving diplomats of other countries Cases involving a state vs. federal government. Cases involving state vs. states.

9 Judges known as Justices: Decisions are made by a majority rule vote Supreme Court has… 9 Judges known as Justices: 1 is “Chief Justice”, leader 8 are “Associate Justices” Decisions are made by a majority rule vote

view from Chief Justice's seat

Supreme Court Decisions… are final CANNOT be appealed.

Supreme Court has power of… JUDICIAL REVIEW (Decided in Supreme Court decision Marbury vs. Madison)

Supreme Court has…judicial review the power to overturn any law or Presidential act which is in conflict with the laws of the Constitution

Judicial Branch Powers 5.2-Powers of the Judicial Branch All federal courts have these 4 powers: **Interpret Laws** Hold trials involving federal laws Makes rulings on Constitutional Questions Judicial Branch Powers Protects Constitutional rights of citizens in Court cases

To make the final decision on what a law really means 1. interpret laws To make the final decision on what a law really means

interpret laws Example: What does students must remain safe at all times really mean?

Hold a hearing in court to decide the answer to a legal question 2. Conduct trials Hold a hearing in court to decide the answer to a legal question Example: Did Jack break the law when he stole the car?

3. Protect rights of citizens in court The court guarantees that a citizen’s Constitutional rights are protected when arrested and during a trial

Protect rights of citizens Example: *6th Amendment guarantees right to a lawyer *A judge can throw out a confession given to police without a lawyer

Rule on Constitutional questions Decides what the words of the Constitution really mean. Decides if a law fits into the Constitution?

Rule on Constitutional questions Example: 2000 election Gore v. Bush More people voted for Al Gore George Bush won the majority Electoral vote Who won the election?

Rule on Constitutional questions The Constitution says the President is elected by the Electoral College NOT by the popular vote Supreme Court decided Gore v. Bush George W. Bush won the election