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THE JUDICIAL BRANCH

Learn about the establishment of the national court system, the types of federal courts, how judges are selected, and the processes of federal and state cases. Explore the jurisdiction and roles of federal judges, Supreme Court justices, and other court officers.

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THE JUDICIAL BRANCH

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  1. THE JUDICIAL BRANCH For what reasons was the national court system established? States were ignoring each others laws States were interpreting laws differently To settle disputes between individuals from different states

  2. On what two bases can the federal courts hear and decide cases? Subject matter Parties involved How are federal judges selected Nomination by the President and approval by Senate

  3. Who helps federal judges and Supreme Court justices do their job? Court clerks and other court officers U.S. magistrates U.S. attorneys U.S. marshals Other judges

  4. jurisdiction Exclusive jurisdiction Original jurisdiction Concurrent jurisdiction Appellate jurisdiction Limited jurisdiction Plaintiff/prosecution defendant

  5. Crime— something one does or fails to do that is in violation of the law, or an action for which the state has set a punishment or penalty. Civil Action— also known as a “tort”; wrongful actions committed by one person against another.

  6. Felony— a crime punishable by one year or more in jail, and/or $1,000 or more in fines. Misdemeanor— a crime punishable by one year or less in jail, and/or $1,000 or less in fines.

  7. FEDERAL CASES AND FEDERAL COURTS A person is accused of disobeying the U.S. Constitution A person is accused of violating a U.S. treaty A person is accused of breaking a federal law passed by Congress.

  8. A person is accused of committing a crime on U.S. federal property. A citizen of one state brings a lawsuit against a citizen of another state. A person is accused of an offense by a foreign nation A person is accused of committing a crime on a U.S. ship at sea

  9. FEDERAL COURTS Federal District Courts 90+ Federal District Courts map, p. 513 Federal Circuit Court of Appeals 12 circuits judges sit in groups of 3 can travel to court of original jurisdiction

  10. OTHER FEDERAL COURTS Inferior Courts Special Courts

  11. INFERIOR COURTS Federal District Courts 665 judges @300,000 cases per year Judiciary Act of 1789 50 states, D.C., and Puerto Rico original jurisdiction over federal cases caseload

  12. Federal Circuit Court of Appeals @180 judges (3-judge panels) @ 55,000 cases per year on appeal created in 1891 12 total circuits appellate jurisdiction handle caseload

  13. Court of International Trade 9 judges Civil cases involving tariff and trade laws 1890 and 1980 New Orleans, San Francisco, Boston, and New York Original jurisdiction over tariff and trade laws Regulate and resolve disputes over trade laws.

  14. Circuit Court of Appeals for the Federal Circuit 12 judges appeals from Civil cases in lower federal courts 1982 spread throughout the nation appellate jurisdiction speed up the appeals process

  15. Tax Court 19 judges 15 year terms hear civil and criminal disputes over the application of tax laws

  16. Veteran’s Affairs Appeals Court 6 judges 15 year terms appeals of decisions of the Department of Veteran’s Affairs

  17. Territorial Courts 4 judges 15 year terms Application of laws governing U.S. territories

  18. Courts of the District of Columbia part of the Federal District Court system hear local and constitutional cases involving the governing of the District of Columbia.

  19. United States Claims Court 16 judges serve 15 year terms hear civil claims filed against the United States government

  20. Armed Forces Appeals Court 5 judges 15 year terms Hear appeals of decisions in military courts and court martials

  21. The U.S. Supreme Court 9 justices Meet October to May/June How cases get there

  22. PETITION FOR REVIEW lawyers file briefs (statements about the case) with the Supreme Court attempting to convince the justices that the issues in the case are or are not important.

  23. Criteria for acceptance: --- the US is a party in the case ---different reasons for decisions were given in the lower courts ---the issue is one the justices are eager to resolve ---workload permits it ---the case present an issue of importance to the nation ---"the rule of four"

  24. BRIEFS ON THE MERITS ---the case is granted "writ of certiorari" and placed on the docket (calendar) ---briefs are filed by both lawyers focusing on the decision to be made ---outside groups with an interest in the case can also file "amicus curiae" briefs (means "friend of the court")

  25. ORAL ARGUMENTS each case is given one hour for presentation (30 minutes per side) justices can interrupt and ask questions at any time no jury and no witnesses

  26. CONFERENCE AND DECISION all conferences are closed and confidential decisions do not have to be made immediately following the hearing of a case

  27. ASSIGNMENT AND WRITING OF OPINIONS chief justice assigns the writing of opinions   three kinds of opinions: majority---majority (5 or more) justices are in agreement on outcome and reasoning  concurrent--of the majorityjustices, there is agreement on the outcome, but disagreement on the reasons dissenting (minority)--opinion of the minority number of justices

  28. STATE CASES AND STATE COURTS State cases occur when a person breaks a law as specified by the state. Code of Alabama, Titles 12, 13, 13A, 14, and 15 Capital crimes--crimes made worse by the circumstances surrounding the criminal action; known as “aggravating” circumstances.

  29. STATE COURTS Local Courts Superior//County//District Courts Intermediate Appeals Court State Supreme Court

  30. THE CRIMINAL JUSTICE PROCESS SUSPECT search and seizure--4th amendment exclusionary rule warrants searching without a warrant?? ARREST warrants Miranda rights

  31. BOOKING/PHOTOGRAPH preparing the "file" on you INITIAL APPEARANCE accused appears before a judge, who may set bail PRELIMINARY HEARING judge decides if there is enough evidence to have you bound over for formal charges

  32. If you committed a federal offense….. GRAND JURY 16-23 people who hear evidence and issue indictments INDICTMENT statement by a Grand Jury formally accusing you of the crime for which you were charged ARRAIGNMENT HEARING accused is formally notified of charges and enters a plea Your case then goes to petit jury selection

  33. If you committed a state offense….. Your case goes to petit jury selection Called “voir dire” (French for “to see to say”) Petit jury is 6-12 people who hear the case and decide guilt or innocence and recommend a punishment.

  34. Trial— evidence is presented by opposing lawyers; witnesses are called. Verdict— petit jury decides guilt or innocence Sentencing— judge sets punishment for defendant; defendant serves time

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