Federal Courts How can governments ensure citizens are
- Slides: 10
Federal Courts How can governments ensure citizens are treated fairly?
Role of the Federal Courts judicial branch of government = courts 2 main jobs. 1. tries to ensure that the laws are fairly enforced. 2. interprets the laws. Courts hear 2 types of cases: 1. criminal cases - people accused of crimes appear in court for a trial • witnesses give evidence • jury or a judge decides on a verdict of guilty or innocent. 2. civil cases - between parties who feel that their rights have been harmed.
Three Kinds of Civil Disputes 1. between two private parties (people, companies, or organizations) 2. between a private party and the government 3. between the U. S. government and a state or local government or between state governments.
Origin of the Federal Court System Judiciary Act of 1789 -established 2 types of lower federal courts: district courts and circuit courts. 1. district courts served as trial courts for distinct geographic regions. -minor civil and criminal cases. -(trial courts) 2. The circuit courts took more serious cases and heard appeals from the district courts -The 13 circuit courts in the middle are appeals courts. -The Supreme Court, the court of final appeal, is at the top.
Dual Court System The United States has a dual (2) court system. 1. federal courts • Federal courts get their powers from laws passed by Congress. 2. 50 separate state court systems. - Each state has its own laws and courts. • The state courts get their powers from state constitutions and laws.
Federal Court Jurisdiction Article III of the Constitution gives federal courts jurisdiction—the authority to hear and decide a case
Admiralty and Maritime Laws Admiralty and maritime laws concern crimes, accidents, and property at sea. • example, two parties might disagree over which of them has the right to property recovered from a shipwreck. • That case would be handled in federal court.
The Federal Government The government is not above the law. • When the government is part of a legal dispute, the matter goes to federal court. • For example, the government might sue a company for failing to deliver goods as promised in a contract.
Cases with Foreign Governments and U. S. Diplomats Any dispute between a foreign government and the U. S. government goes to federal court. • Also, if American officials at work in another nation are accused of a crime, this is a federal case.
Types of Jurisdiction Sometimes, though, either a federal or a state court could hear a case. In that situation, the two courts are said to have concurrent jurisdiction. For example, either court may try someone accused of committing a crime that breaks both state and federal law. • The same is true when citizens of different states have a dispute with a value of at least $75, 000. • In such a case, the person who brings the suit can choose either a federal court or a state court. • The person being sued has the right to insist on the case being heard in a federal court, though.
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