U S Court System Judicial Branch Ch 18
U. S. Court System Judicial Branch Ch. 18
U. S. Court System • A majority of cases heard in the U. S. every year are heard in state court
US Court System • 3 main areas of federal law -Constitution -Congress -Courts
Types of Law • Private Law (civil law) -contract law -tort law -property law -inheritance law -family law -corporation law
Types of Law • Public Law - Criminal Law - Constitutional Law
National Judicial System (Article III) • Supreme court is the only court created by the Constitution (Article III Sec. 1) • It is the highest court in the United States - it has final authority in all cases involving federal law
National Judicial System (Article III) • The Supreme Court tells us the meaning of the Constitution. They interpret the law.
National Judicial System • Before Constitution there was no National Judicial System. • States interpreted laws as they saw fit • State court decisions were ignored in other states
National Judicial System • Inferior Courts -Constitutional Courts (Article III courts) formed by US Congress - 94 District Courts - Appeals Courts - International Trade
National Judicial System -Special Courts (Article I Courts) Formed by Congress for more specific purposes -Appeals for Armed Forces -Appeals for Veterans Affairs -U. S. Tax Court -Territorial Courts
National Judicial System • Jurisdiction -Exclusive Jurisdiction - Some cases can only be heard in Federal Courts Example -Trial of person charged with federal crime -matters that arise on the water -transport body or stolen car across state line
National Judicial System -copyright infringement -Original Jurisdiction -does the Supreme Court have this?
National Judicial System -Appellate Jurisdiction -does the Supreme Court have this? -Appellate Courts may: 1. Uphold 2. Overrule 3. Modify the decision
National Judicial System • Appointment -Who appoints federal Judges? -Who confirms of appointments? -What are the qualifications to be a judge?
National Judicial System • Appointment by politics -Presidents choose people with similar views. -Senatorial Courtesy - President will listen to advice from Senators when making an appointment to judgeship in their state
National Judicial System - or - Senate will not approve appointment to judgeship if it is opposed by a majority party Senator from the state in which appointment was to be made
National Judicial System -the ideologies and backgrounds of the judges have a lasting and significant impact on our nation -Conservatives (Republicans) - strict interpretation
National Judicial System -strict constructionist - favors a narrow interpretation of Constitution. -Liberals (Democrats) - Broad interpretation - easily changed with changing circumstances in U. S.
National Judicial System - Job for life - Most federal judges appointed for life. can only be removed for impeachment Special Court judges are not appointed for life
National Judicial System • Federal Magistrates - like an assistant judge. i. e. - Hear minor cases, Hear civil cases, issue warrants, sit on bail hearing • U. S. Attorney - each judicial district has one. (lawyer for the United States) • U. S. Marshals - like a sheriff for the judicial district. – fugitive operations, judicial security, tactical operations, prisoner operations
Inferior Courts • District Courts (Constitutional Court) -How Many in the U. S. ? -These courts hear 80% of all federal cases -each state gets one district, but some have more than one
Inferior Courts - each case is heard by one judge -main trial court in federal system -what kind of jurisdiction? -District Court boundaries never cross state lines
Inferior Courts - cases they hear: 1. Criminal Cases - committing of a federal crime 2. Civil Cases - non criminal matter that involves dispute between 2 or more people
Inferior Courts • U. S. Appeals Courts (Constitutional Court) - How many? -main purpose? -What kind of jurisdiction?
Inferior Courts - Can only hear cases from within their circuit - Most cases heard by 3 judges - Each circuit has its own judges and 1 Supreme Court Justice
Inferior Courts • Appeals Court for Federal Circuit - Washington D. C. -what kind of Jurisdiction? (two types) -what types of cases?
Inferior Courts - most cases come from international trade, federal claims, veterans claims -they hear civil cases from district courts to relieve workload on circuit appeals courts - therefore, from all over the country
Supreme Court • Only court created by the Constitution • Judicial Review - power of most courts to determine if an act of government is constitutional or unconstitutional - Judicial Review came from the Supreme Court case Marbury V. Madison in 1803
Chief Justices 1. John Jay 3. Oliver Ellsworth 5. Roger Taney 7. Morrison Waite 9. Edward White 11. Charles Hughes 13. Fredrick Vinson 15. Warren Burger 17. John Roberts 2. John Rutledge 4. John Marshall 6. Salmon P. Chase 8. Melville Fuller 10. William Taft 12. Harlan Stone 14. Earl Warren 16. William Rehnquist
Supreme Court • Jurisdiction - original and appellate - original jurisdiction 1. In cases to which two or more states are a part of 2. Cases in which Ambassadors or Public Ministers are involved
Supreme Court • Rule of Four • Most cases petitioned to the court are turned down - not important in regards to the law OR
Supreme Court - agree with the decision being appealed - case can be sent back to lower court to be reconsidered
Supreme Court • Writ of Certiorari ( by permission) order that requests a lower court to send record of a case to the Supreme Court - most cases come from state supreme courts or federal appellate courts
Supreme Court • Operation of the court - term - 1 st Monday in October to the following summer - case arguments begin at 10: 00 AM on Mon, Tue, Wed - Lawyers get 30 minutes to make arguments (no jury)
Supreme Court - cases usually heard in 2 -week cycles • Briefs - given to the court before a case begins -briefs can support either side of case by mentioning facts & decisions the court has made in the past
Supreme Court - Amicus Curiae (friend) - briefs filed with a court by people who are not part of a case - people may have a stake in the outcome of the case - can only be filed with court’s permission
Supreme Court • Justices in conference -justices debate cases in private -each justice gets a chance to speak in order of seniority
Supreme Court • Opinions of the court - Majority Opinion - Opinion of the court announcing their decision in a case * All majority opinions become precedent
Supreme Court - Concurring Opinion - written by a justice who agrees with a decision * purpose is to make a point that was left out of the majority opinion - Dissenting Opinion - written by justices who don’t agree with majority opinion
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