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The Judicial System

The Judicial System. Chapter 18. The Judicial System. Articles of Confederation did not set up a national judicial system Major weakness of the Articles Constitution DID set up judiciary Article III. The Judicial System. Dual Court System Federal courts – hear federal crimes

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The Judicial System

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  1. The Judicial System Chapter 18

  2. The Judicial System • Articles of Confederation did not set up a national judicial system • Major weakness of the Articles • Constitution DID set up judiciary • Article III

  3. The Judicial System • Dual Court System • Federal courts – hear federal crimes • Crimes made illegal by federal laws • (kidnapping, tax evasion, mail fraud, counterfeiting, immigration offenses, drug-related offenses, assassinations) • Supreme Court • Inferior Courts – any federal court below the Supreme Court • State courts – hear all other court cases • (crimes that violate state laws & lawsuits)

  4. The Judicial System • Jurisdiction • The authority of a court to try and decide a case • Determined by the case’s subject or by the parties involved • Federal courts have exclusive jurisdiction over special types of cases • Federal crimes: State courts are NOT allowed to try these cases • Concurrent jurisdiction – when either federal or state courts could hear a case • Original jurisdiction – court in which a case is first heard • Appellate jurisdiction – court that hears a case on an appeal from a lower court • Can uphold, overrule, or modify the ruling

  5. The Judicial System • Two types of cases: • Criminal Law: The government charges an individual with violating one or more specific laws. • Civil Law: The court resolves a dispute between two parties and defines the relationship between them. • Lawsuits • Most cases are tried and resolved in state courts, not federal courts.

  6. The Judicial System • Participants in Federal Court • Plaintiff • the party bringing the charge • Defendant • the party being charged • Judge • Nominated by the President, confirmed by Senate • Jury • the people (normally 12) who often decide the outcome of a case • Attorneys • Public Defenders – lawyers assigned to defend the poor

  7. Structure of the Federal Court System • District Courts (94) • Original Jurisdiction – courts that determine facts about the case. The trial court. • Federal Crimes • Civil suits across state lines • Courts of Appeals (12) • Appellate Jurisdiction • reviews the issues in cases brought from lower courts • Hold no original trials, hear no testimony

  8. Supreme Court • Supreme Court • 9 Justices: 1 Chief Justice, 8 Associate Justices • Serve “during good behavior” • John Roberts – Current Chief Justice • Decides which cases it will hear • Few original, mostly appellate • About 100 cases a year

  9. Supreme Court • Two ways a case can reach the Supreme Court • Writ of Certiorari • Order by the Supreme Court for a lower court to send the record of a given case for its review • “to be more certain” • Certificate • Lower court is not clear how it should rule, so it asks the Supreme Court to decide

  10. Supreme Court • Cases involving civil liberties • Freedoms in Constitution • Making decisions • Oral arguments may be made for each side • Justices discuss the case & make a decision • Majority opinion – written to announce the Court’s decision and explain the reasoning • Dissenting opinion – written by one who does not agree with the majority • Concurring opinion – written by a member of the majority who wants to stress a point left out of the majority opinion • Decision is announced

  11. Supreme Court • Precedent • How similar cases were decided in the past • Stare decisis • Basically to let the previous decision stand unchanged • Overturn the precedent • Rule differently than previous decisions

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