1. Judicial Branch
Article III

2. Federal Court System
Judiciary Act
Jurisdiction
Federal courts Jurisdiction
Exclusive Jurisdiction
Concurrent jurisdiction
District courts
Original jurisdiction
US Attorneys
Federal Magistrate
US Marshals
US Appeals Court
Appellate jurisdiction
Circuit
Remand
Opinion
Precedent
US Supreme Court
Judicial review
Constitutional
Marbury v. Madison
Concurring opinion
Dissenting opinion
Stare Decisis
Limits on the courts power
Judicial restraint
Judicial Activism
Due Process
Grand Jury
Arrest
Arrest warrant
Misdemeanor
Felony
Booking
Arraignment
Trial
Testimony
Subpoenaed
Cross examination
Affidavit
Brief
Motion
Injunction
Hung/mistral
Verdict
Conviction
Acquittal
Capital punishment
Probation
Suspended sentence
Deterrence
Rehabilitation
Protection of society

3. The Federal Court System
The Federal Court system was established in Article III of the Constitution

4. The Federal Court System
Courts use the law to settle civil disputes (lawsuits) and to decide the guilt or innocence of people accused of crimes (criminal cases)

5. The Federal Court System

6. The Federal Court System
Over the years Congress has created two kinds of lower courts
In 1789 Congress passed the Judiciary Act, which established federal district courts and circuit courts of appeals
Much later in 1891, Congress created a system of federal appeals courts and the circuits or districts they serve

7. The Federal Court System
The federal court system has 3 levels—the district courts at the lower level, the appeals courts in the middle, and the Supreme Court at the top

8. Cases Heard in Federal Courts
Jurisdiction-a court’s authority to hear and decide cases

9. Cases Heard in Federal Courts
Article III gives the federal courts jurisdiction over 8 kinds of cases:
1. The Constitution
If a person believes a constitutional right, such as freedom of speech has been violated, that person has the right to be heard in federal court

10. Cases Heard in Federal Courts
2. Federal Laws
Federal courts try people accused of federal crimes such as kidnapping, tax evasion, and counterfeiting

11. Cases Heard in Federal Courts
3. Disputes between States
Disagreements between state governments are resolved in federal court
Ex.) If Colorado and California disagree over rights to water in the Colorado River, it is a federal case

12. Cases Heard in Federal Courts
4. Citizens from Different States
Ex.) Ms. Jones of Maine may bring a suit in federal court against Mr. Smith of Iowa for not fulfilling his part of a business agreement

13. Cases Heard in Federal Courts
5. The Federal Government
The US government may take a company to court for failing to live up to a contract. Individuals or companies may also take the government to court
Ex.) A US Army van struck your car or the Dept. of Interior failed to pay your company for equipment, you could sue the government

14. Cases Heard in Federal Courts
6. Foreign Governments and Treaties
In any dispute between a foreign government and the US government, an American company, or an American citizen, the case will be heard in federal court

15. Cases Heard in Federal Courts
7. Admiralty and Maritime Laws
These laws concern crimes and accidents outside territorial waters
Ex.) A case involving disagreements over the rights of property recovered from a shipwreck would be tried in federal court

16. Cases Heard in Federal Courts
8. U.S. Diplomats
Ex.) An American diplomat working in the U.S. embassy in France is accused of breaking an American law, the case would go to federal court

17. Cases Heard in Federal Courts
Article III gives the federal courts jurisdiction over 8 kinds of cases:
Cases involving the Constitution
Violations of Federal laws
Controversies between states
Disputes between parties from different states
Suits involving the federal government
Cases involving foreign governments and treaties
Cases based on admiralty and maritime laws
Cases involving U.S. diplomats

18. Relation to State Courts
Exclusive jurisdiction-only federal courts may hear and decide a case
Concurrent jurisdiction-a case may be heard in either state or federal courts

19. The 3 Constitutional Courts
Over the years, Congress has created three types of lower federal courts:
Federal district courts
Circuit court of appeals
Federal appeals court

20. District Courts
District courts-where trials are held and lawsuits are begun
It is the only federal court that has one judge and a jury that makes decisions based on evidence
District courts have original jurisdiction-the authority to hear a cases for the first time

21. District Courts
US Attorneys work for the federal government as prosecutors in criminal cases and defense attorneys for civil suits

22. District Courts
Both the federal magistrate (“pre-grand jury”) and the grand jury work within the US District Court
The federal magistrate decides on evidence even before it gets to the grand jury (due process of law)
Magistrate=Judge

23. District Courts
There are 94 district courts in the US (at least 1 per state)
The law enforcement branch for the US District Courts are the US Marshals
Marshals’ jobs:
Deliver subpoenas
Track down fugitives
Protect judges and court officials

24. U.S. Appeals Court
Also referred to as federal appeals court, circuit courts of appeals, or appellate courts

25. U.S. Appeals Court
The job of the appeals court is to review decisions made in lower district courts
Appellate jurisdiction-authority of the court to hear a case appealed from a lower court
Appeal-to review a case to see if a criminal received due process
Lawyers usually appeal when they feel that the district court judge in their case followed the wrong procedure or did not apply the law

27. US Circuit Courts There are 12 US courts of appeals
Each one covers a particular geographic area called a circuit

28. US Circuit Courts
In addition, a 13th appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction to hear special cases, such as those dealing with patent law or international trade

29. US Circuit Courts
Each court has three judges (majority rule)

30. US Circuit Courts
Appeals courts do not hold trials. These courts may decide an appeal in one of 3 ways:
Uphold the original decision
Reverse that decision
Remand the case (send the case back to the lower court to be heard again)

31. US Circuit Courts
When an appeals court makes a decision, one judge writes an opinion (a detailed explanation of the legal thinking behind the court’s decision)

32. US Circuit Courts
Precedent-a ruling that is used as the basis for a judicial decision in a later, similar case

33. Cases can be appealed from circuit court to the US Supreme Court

34. US Supreme Court Justices
The Supreme Court is made up of 9 justices who appointed by the president and approved by a 2/3 vote of the Senate

35. US Supreme Court Justices
The justices are appointed for life

36. US Supreme Court Justices
Supreme court justices are always lawyers, they have had successful careers practicing or teaching law, serving as judges in lower courts, or hold other public positions prior to appointment

37. US Supreme Court Justices
The Chief Justice of the Supreme Court is the senior member of the court who serves as the court organizer and court spokesperson
Chief Justice: John G Roberts

38. US Supreme Court
The Supreme Court is the highest court in the US

39. US Supreme Court
It is an appeals court 99.99% of the time, but on extremely rare occasions it can also be a trial court
Three different occasions in which the Supreme Court acts as a a trial court:
Civil suits: state vs. state
Civil suits: state vs. federal
Criminal cases involving foreign dignitaries

40. Powers of the US Supreme Court
The US Supreme court ALWAYS has appellate jurisdiction
Judicial review-the power of the Supreme Court to say whether any federal, state or local law or government action goes against the Constitution
Constitutional-allowed by the Constitution

41. Powers of the US Supreme Court
Marbury v. Madison (1803)-helped make the judicial branch equal in power to the executive and legislative branches by allowing judicial review

42. Types of Opinions
Concurring opinion-opinion or majority decision of the courts (5/9 justices agree)
Dissenting opinion-the minority opinion of the courts decision or ruling
Function: the dissenting opinion provides the basis for future reversal of the court’s opinion
Stare decisis-a Latin term that means “let the decision stand”

43. Limits on the Courts Powers
The President does not have to enforce the court’s opinion
Congress can get around a court’s decision by passing a new law or changing a law ruled unconstitutional by the Court

44. Limits on the Courts Powers
Justices can be impeached
The court can only hear and decide those cases that come to it

45. Judicial Philosophies
Judicial Restraint- interpret the Constitution according to the Framer’s intention.

46. Example of judicial activism:
Judicial Activism- Adapt the meaning of the Constitution to meet the needs of today (legislate from the bench)
Example of judicial activism:
1. Striking down a Texas law that banned flag burning (Texas v. Johnson, 1989) and then striking down a congressional law that banned flag burning (US v. Eichmann)

47. The Court Levels
In the pyramid, put the levels of court in order- Federal District Court, Supreme Court, and Appellate/Circuit Courts
List the different pieces of each court.

48. Indictment-Arrest-Sentencing
Due Process of Law
Indictment-Arrest-Sentencing

49. Federal Magistrate
The Federal Magistrate is an official of the District Court.
His/her job is to view evidence against a suspect prior to grand jury, to see if it has enough credibility to be taken to the grand jury

50. Federal Magistrate
This is used to insure the suspects rights under the 5th and 6th amendments
What are the 5th and 6th Amendments?

51. Grand Jury
The grand jury is a group within the District Court that judges evidence to see if it is sufficient to conduct a trial

52. Grand Jury
If the evidence is sufficient, the grand jury will deem that the suspect has been indicted, or formally accused, of the crimes

53. Arrest The process begins with the arrest
This is when a suspect is taken into custody because there is a fear that he/she may be a danger to themselves or others

54. Arrest
The police may have an arrest warrant for the suspect—that means there is enough cause to apprehend a suspect when they are found, the police and district attorneys usually make this decision

55. Arrest Charges: misdemeanor/felony
Misdemeanor- punishable by less then a year in jail
Felony- more severe crime punishable with more than a year in jail

56. White collar crime-crime that involves stealing large sums of money through fraudulent activities
NOT violent crimes

57. Booking The booking serves 3 main functions:
Information about the suspect is recorded
Pictures
Fingerprints

58. Arraignment Arraignment takes place in front of a judge
Serves 3 functions:
Formally read the charges being brought against the suspect
Formally tell the evidence against the suspect
Plead guilty or not guilty
The suspect may choose to plea bargain (plead guilty to a lesser crime to avoid a trial)

59. Trial People in a trial: Defendant Prosecution (criminal cases)
Plaintiff (civil—suer)

60. Trial
A trial’s procedures must be perfect, if they are not, and the defendant is found guilty, they will surely appeal the case to a higher court and win the appeal
Both lawyers select a jury from a group of people— must get a jury of 12
Chosen for jury duty through a random search done through the local government’s computer

61. Trial
The role of the prosecution is “to prove guilt beyond a reasonable doubt”

62. Trial
The role of the defense is to poke holes in the prosecutions’ case by providing a reasonable doubt
The prosecution has the daunting task of getting all 12 jurors to agree to find the defendant guilty

63. Trial: Types of Testimony
Witnesses have to be subpoenaed (ordered to appear in court)…why?
To provide testimony (statements made under oath)
The defense and prosecution poke holes in one another’s cases by using cross examination
If a witness can’t appear in court, they will provide an affidavit (written or taped testimony given while under oath)

64. Court Orders
Prior to the trial, lawyers provide a brief (lays out a plan to try your case)
Motion-written brief asking the court to do something
Injunction-a court order mandating that an action occurred

65. Types of Verdicts
Hung jury/mistrial-a decision that is not completely unanimous among the jurors (12-0)
It takes a 12-0 decision by the jury to reach a verdict (conviction--guilty or acquittal—innocence)

66. Types of Sentencing
In most states, and at the federal level, sentencing is done by the judge
Sentencing should fit the crime

67. Types of Sentencing Capital punishment-death by lethal injection
Probation-a stern warning…court gives criminal a 2nd chance
Suspended sentence-a form of probation where the judge can sentence you to 5 years in prison, but suspend the sentence to see if you’ll make another mistake

68. Goals of Sentencing
Deterrence-sometimes sentences are given to prevent the crime from being committed in the future
Rehabilitation-sometimes judge sends you to prison to try and reform you into a better citizen
Protection of society