THE JUDICIAL BRANCH

JURISDICTION Each state has its own system of courts based on the State Constitution The Federal Court system is the Supreme Court and other federal courts set up by Congress. Deal with U.S. Constitution and federal laws Sometimes jurisdiction overlaps! This is called concurrent jurisdictio n

STATE CRIMES Violating the State Constitution – murder, robbery, etc Tort – suing if you’ve been wronged Family – divorce, custody Businesses – taxes, labor laws Elections – illegal registration/voting, tampering Traffic - violations Property – damage, determining ownership

STATE AND LOCAL COURTS District Courts 34 locations spread out among the 12 districts One judge per court, no jury Deals with: Domestic violence Landlord/tenant Items wrongfully held/taken Motor vehicle/boat violations Misdemeanors Penalties usually under 3 years in jail and fines less that $2500

STATE AND LOCAL COURTS Circuit Courts Located in all 23 counties and Baltimore City Get a jury because deals with the more serious cases Juvenile Cases Divorce Appeals from District Court

STATE AND LOCAL COURTS Maryland Court of Appeals Highest court in the state of Maryland Cases come here after they have been to the lower courts 7 judges that get to decide what cases get heard FINAL WORD!!

FEDERAL CRIMES Involving citizens from 2 different states Involving an ambassador, high ranking official, or U.S. Agency Took place in multiple states (D.C. Sniper, Michael Vick) Bankruptcy Patent or copyright laws Violations of the U.S. Constitution (Bill of Rights, amendments)

UNITED STATES FEDERAL COURTS U.S. District Courts 94 Federal Court Districts 1 court in each district; at least 1 in each state Courts in D.C., Puerto Rico, Guam, Virgin Islands Deal with FEDERAL laws

U.S. COURT OF APPEALS 13 Court of Appeals Go to the one nearest to your district Second and usually last step for those who dislike the decision made in the U.S. District Court

U.S. SUPREME COURT 9 Judges: 1 Chief Justice and 8 Associates (9 total) Decides what cases it wants to hear Only accepts cases that deal with Constitutionality Ex: Civil Rights, Women’s Rights, etc. Decisions are BINDING!

ORIGINAL AND APPELLATE JURISDICTION Original Jurisdiction is the decision made in the first trial Appellate Jurisdiction is the decision made if you lose the first trial and appeal to a higher court to try to get the decision changed.

INCORPORATION DOCTRINE 14 th amendment – interpreted to say that the Bill of Rights was not just a Federal document but applied to the States as well!!

JURIES Grand Jury – decides if there is enough evidence for a trial (16-23 people) Petit Jury – decides guilty or not guilty (6 or 12 people) and determines sentence

JUDGES Federal and Supreme Court judges are appointed for LIFE President appoints but Senate approves SC Judges Jobs Maintain order Advise jurors Determine Constitutionality

NOMINATING JUDGES Presidents nominate Supreme Court Judges based on the following factors: Party Affiliation Judicial Philosophy Beliefs regarding controversial issues Background Political Favors Party and Interest Group Support Safe Nominee

BELIEFS OF JUDGES Liberal Activist – Views the Constitution as something that should be interpreted and applied to modern day Strict Constructionist – Views the Constitution as a document written in stone that should be followed to the letter