Judicial Branch Hierarchy Supreme Court State Courts Local

Judicial Branch

Hierarchy Supreme Court State Courts Local Courts

US Judges Qualifications � No qualifications � Appointed by President- approved by Senate � Senatorial Courtesy › President asks for recommendations from state senates

Benefits of Federal Judges � Serve for life** � Cannot get a pay cut ** They CAN be impeached WHY? ?

NC State Judges Qualifications � Must be 21 years old � Registered voter � Able to practice law � Lives in district � Elected by people, 8 year term limit

Jurisdiction � Original: Ability to give orders in a certain area having the authority to hear a case for the first time � Appellate: having the authority to review a case to see if the law was applied fairly

Jurisdiction cont. � Exclusive Jurisdiction- cases can state at state or federal level…. Can only be one � Concurrent jurisdiction- cases can start at EITHER state or federal level- they both have the power to hear the case

Federal Court System- SAD

District Courts Has original jurisdiction for federal cases � 94 total with at least one for each state � Cases are heard by judge and juries � 90% of all federal cases start here � Only federal court that hears a case ad reaches verdict (guilty/not guilty) �

Who's who in district court? � Marshall- protect jurors, arrest criminals, serve subpoenas, collect fines � Grand Jury- decides if there's enough evidence to try case � District Attorney- prosecutes people accused of breaking the law (federal lawyer- Cabot SVU) � Attorney/Public Attorney- rep defendant � Judge- issues the sentence � Jury- usually 12* decides guilty/innocence

Appeals Court AKA Appellate Courts, Circuit Courts, Court of Appeals � Has appellate jurisdiction � Appeal- lawyer thinks law was applied incorrectly, appeals for review of lower courts decision � 3 judge panel makes decision: � › Overturn (change outcome) › Deny (not give another chance) › Remand (send back to lower court)

Supreme Court � AKA SCOTUS � 1 chief justice + 8 associate = 9 justices � Justices are appointed by the President and approved by the Senate � Original Jurisdiction only in 2 situations: › Case involving foreign diplomats › Cases between states � Appellate issues Jurisdiction when Constitutional

Backrow: L-R Sonia Sotomayor, Stephen Breyer, Samuel A. Alito, Elena Kagan Front row: L-R Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, Ruth Bader Ginsburg

Special Court � Original › › › jurisdiction in 6 types of cases US Military Court of Appeals US Tax Court US Court of International Trade US Court of Federal Claims Land Claims Bankruptcy Court

If a case goes to SCOTUS, what happens? SCOTUS selects case for docket and reviews lawyer briefs 2. Oral arguments take place in which justices ask questions 3. Justices conference and vote- majority wins 4. Decisions are written and released to public 1. › › › Majority decision Dissenting decision Concurring decision (agree, but for different reason)

Warm Up Federal judges qualifications? Term length? State judges qualifications? Term length? Explain the levels of courts for the judicial branch What's the difference between appellate and original jurisdiction? 5. What powers does the legislative branch have over the judicial branch? 6. What powers foes the executive branch have over the judicial branch? 7. What powers does the judicial branch have over the legislative and judicial branches? 1. 2. 3. 4.

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State Court SASD Home Supreme- highest level Appeals- three judge panel set to review Superior level District- lowest level

NC District Courts � Has original jurisdiction for misdemeanors and civil suits less than $10, 000 � Judge decides guilty/innocent and issues sentences

NC Superior Courts � Has original jurisdiction for felonies and civil cases $10, 000 or more � Jury decides guilty/innocent � Judge issues sentences

NC Appeals Court � aka NC Appellate Court, Circuit Courts � Has appellate jurisdiction � Three judge panel makes decisions to: › Keep › Remand › Overturn

NC Supreme Court 1 chief justice and 6 associate justices= 7 � Judges are elected for 8 year terms, no limits � Appellate jurisdiction only � Final say on all NC Constitution issues �

Copy and add THREE to each Hea rs m ore es s a c th s r i a He ling w te a dea LY st ON es u iss ess l s r Hea s case cas es Hears criminal and civil cases Hea r dea s case s li fede ng with ral i ssu es

Exit Ticket Explain this graphic. 2. Where does a case start? 3. What type of jurisdiction does a court have when they try the case for the 1 st time? 4. The 2 nd time? 1.

Warm Up Differentiate between original and appellate jurisdiction. Give and example of each. 2. Explain the levels of federal courts. 3. Draw a venn diagram comparing and contrasting state and federal courts. 4. In your opinion, which BRANCH has the most power? Why? 1.

2 Main Kinds of Cases Criminal � Someone has violated a law, a crime has been committed. � Prosecutor v. Defendant Give 3 examples of a criminal case Civil � Cases between two parties. No crime has been committed. � Plaintiff v. Defendant Give 3 example of a civil case.