Friday, April 15, 2005 Agenda

1. Friday, April 15, 2005Agenda 1.) Current events/Collect HW  2.) Chapter 19 notes (Quiz #1 Tuesday!) 3.) Jurisdiction Activity (HW #4 Due Tuesday!)

2. If you are curious… GOVT.10 The student will demonstrate knowledge of the operation of the federal judiciary by a.) explaining the jurisdiction of the federal courts.

3. Chapter 19: The Federal Court System • Jurisdiction of the Courts A. The U.S. has a dual court system of state and federal courts. B. State courts have jurisdiction over cases involving state laws.

4. C. Federal courts have jurisdiction over cases involving U.S. laws, foreign treaties, and the interpretation of the Constitution. D. In some cases, federal and state courts have concurrent jurisdiction.

5. E. In the federal court system, trial courts are district courts that have original jurisdiction; federal courts of appeals have only appellate jurisdiction.

6. II. The Federal Court Jurisdiction • Federal courts deal with three types of law: 1.) civil law 2.) criminal law 3.) constitutional law

7. B. Most of the cases tried in the federal courts involve civil law. 1.) plaintiff brings charges against a defendant. 2.) plaintiff sues to prevent a harmful action from taking place (injunction, writ of mandamus)

10. C. In criminal law cases, the U.S. government charges someone with breaking a federal law. 1.) might involve crimes like tax fraud, counterfeiting, mail fraud, and kidnapping. 2.) the government is always the prosecution.

11. 3.) most crimes committed break state laws and are tried in state courts. 4.) due to increasing crime rates, the number of criminal law cases that come before a federal judge are rising.

12. D. Only the federal courts try cases involving constitutional law – they decide whether a law or action conflicts with the Constitution.

13. III. Legal System Principles • Equal Justice Under the Law 1. every person, regardless of wealth, social status, ethnic group, gender, or age is entitled to the full protection under the law.

14. B. Due Process of Law 1.) generally means that the law must be applied in a fair manner.

15. C. The Adversary System 1.) judicial system in which lawyers from opposing sides try to present their strongest case. 2.) lawyers for each side feel compelled to do what is necessary to advance the cause of their client.

17. 3.) the judge is impartial and fair to both sides. 4.) critics say this promotes victory over justice.

18. D. Presumption of Innocence • Innocent until proven guilty 2. Not mentioned in the Constitution, but deeply rooted in English Heritage.

19. IV. Constitutional Courts • The federal district courts were created by Congress as trial courts for both civil and criminal cases. (MAP)

20. B. Criminal cases have two types of juries 1. grand jury – hears charges against a person

21. 2. petit jury – (trial jury) weighs evidence presented at a trial.

22. C. District courts carry the main burden in federal cases. The Workhorse!

23. D. In the majority of cases, district courts render the final decision. E. The 13 courts of appeals ease the appellate workload of the Supreme Court.

24. F. The courts of appeals may decide to 1. uphold the original decision 2. reverse the decision 3. send case back to the original court to be tried again.

25. V. Legislative Courts • Congress has created a series of legislative courts to help exercise its power. B. They include the U.S. Claims Court, U.S. Tax Court, the Court of Military Appeals, territorial courts, courts of the District of Columbia, and the court of Veteran’s Appeals.

26. VI. Selection of Federal Judges + = ?

27. According to the Constitution, the President has the power to appoint all federal judges, with the approval of the Senate. B. Presidents often appoint judges from their own political party and who share their own points of view on issues.

28. C. In selecting judges, presidents follow the practice of senatorial courtesy.

29. D. Almost all federal judges have had legal training; many have served as state court judges. E. Women and minorities have been appointed as judges in federal courts in increasing numbers since the mid-1970s.