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Bell StarterBell StarterKey TermsKey Terms
Circuit Jurisdiction Exclusive jurisdiction Concurrent jurisdiction District court Original jurisdiction Appellate jurisdiction Remand Judicial review Opinion Judiciary Act of 1789 Equal justice under law Miranda v. Arizona Engel v. Vital Magistrates Federal courts
Circuit Jurisdiction Exclusive jurisdiction Concurrent jurisdiction District court Original jurisdiction Appellate jurisdiction Remand Judicial review Opinion Judiciary Act of 1789 Equal justice under law Miranda v. Arizona Engel v. Vital Magistrates Federal courts
Key TermsKey Terms Appeals courts Docket Majority opinion Unanimous opinion Concurring opinion Dissenting opinion Stare decisis Constitutional Precedent Brief U.S. attorneys Sandra Day O’Connor Thurgood Marshall District Civil case Appellate
Appeals courts Docket Majority opinion Unanimous opinion Concurring opinion Dissenting opinion Stare decisis Constitutional Precedent Brief U.S. attorneys Sandra Day O’Connor Thurgood Marshall District Civil case Appellate
The Federal Court System
The Federal Court System
ReviewThree levels
District, Appeals, Supreme
ReviewThree levels
District, Appeals, Supreme
THE ESTABLISHMENT OF FEDERAL COURTS
THE ESTABLISHMENT OF FEDERAL COURTS
THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article III
ALL OTHER FEDERAL COURTS WERE CREATED BY JUDICIARY ACTS OF CONGRESS (GIVEN THIS POWER BY THE CONSTITUTION) JUDICIARY ACT 1789 CREATED
THE DISTRICT COURTS AND APPEALS COURTS
JUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS
THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article III
ALL OTHER FEDERAL COURTS WERE CREATED BY JUDICIARY ACTS OF CONGRESS (GIVEN THIS POWER BY THE CONSTITUTION) JUDICIARY ACT 1789 CREATED
THE DISTRICT COURTS AND APPEALS COURTS
JUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS
FEDERAL COURT EXCLUSIVE JURISDICTION
FEDERAL COURT EXCLUSIVE JURISDICTION
• JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE– THE CONSTITUTION ISSUES– VIOLATIONS THE FEDERAL LAW – DISPUTES BETWEEN STATES– DISPUTES CITIZENS FROM
DIFFERENT STATES– FEDERAL GOVERNMENT
CONTROVERSIES– FOREIGN GOVERNMENT AND
TREATIES– ADMIRALTY & MARITIME LAWS– U.S. DIPLOMATS
• JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE– THE CONSTITUTION ISSUES– VIOLATIONS THE FEDERAL LAW – DISPUTES BETWEEN STATES– DISPUTES CITIZENS FROM
DIFFERENT STATES– FEDERAL GOVERNMENT
CONTROVERSIES– FOREIGN GOVERNMENT AND
TREATIES– ADMIRALTY & MARITIME LAWS– U.S. DIPLOMATS
OTHER FORMS OF JURISDICTION
OTHER FORMS OF JURISDICTION
• EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE
ONLY BY FEDERAL COURT• CONCURRENT JURISDICTION: RIGHT
OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASE
• LOWER FEDERAL COURTS• ORIGINAL JURISDICTION: RIGHT TO
HEAR AND DECIDE CASES FIRST (DISTRICT COURTS)
• APPELLATE JURISDICTION: RIGHT TO HEAR AND DECIDE A CASE
ONLY ON APPEAL FROM A LOWER COURT: (APPEALS COURTS OR CIRCUIT)
• EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE
ONLY BY FEDERAL COURT• CONCURRENT JURISDICTION: RIGHT
OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASE
• LOWER FEDERAL COURTS• ORIGINAL JURISDICTION: RIGHT TO
HEAR AND DECIDE CASES FIRST (DISTRICT COURTS)
• APPELLATE JURISDICTION: RIGHT TO HEAR AND DECIDE A CASE
ONLY ON APPEAL FROM A LOWER COURT: (APPEALS COURTS OR CIRCUIT)
U.S. District CourtsU.S. District Courts
Lowest level of federal courts The majority of federal cases
begin at this level 94 District courts, at least 1
in each state Responsible for determining
the facts of the case Only federal court in which
witnesses testify and juries hear cases and reach verdicts
Lowest level of federal courts The majority of federal cases
begin at this level 94 District courts, at least 1
in each state Responsible for determining
the facts of the case Only federal court in which
witnesses testify and juries hear cases and reach verdicts
U.S. Courts of AppealsU.S. Courts of Appeals
Second level of federal courts
13 Federal Appeals courts Appeals courts reviews
decisions made by a lower court when petitioned
Cases are appealed due to error, new evidence, or unfairness
Second level of federal courts
13 Federal Appeals courts Appeals courts reviews
decisions made by a lower court when petitioned
Cases are appealed due to error, new evidence, or unfairness
U.S. Court of Appeals (con’t)
U.S. Court of Appeals (con’t)
A panel of 3 or more judges review the cases and listens to arguments from lawyers, then makes a decision
Possible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)
A panel of 3 or more judges review the cases and listens to arguments from lawyers, then makes a decision
Possible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)
Federal Court Officials Federal Court Officials Judges: appointed by the president
with Senate approval. Serve a lifetime term. Chief decision makers in the judicial branch.
Magistrates: issue court orders, issue search warrants, preliminary hearings, determine if case should go to court.
U.S. attorney: appointed by President for 4 year terms with Senate approval. Government lawyers who prosecute accused persons for breaking federal laws.
Marshals: make arrests, collect fines, protect jurors, serve legal papers
Judges: appointed by the president with Senate approval. Serve a lifetime term. Chief decision makers in the judicial branch.
Magistrates: issue court orders, issue search warrants, preliminary hearings, determine if case should go to court.
U.S. attorney: appointed by President for 4 year terms with Senate approval. Government lawyers who prosecute accused persons for breaking federal laws.
Marshals: make arrests, collect fines, protect jurors, serve legal papers
Supreme Court: Jurisdiction
Supreme Court: Jurisdiction
Supreme Court has original jurisdiction in 2 instances1. cases involving diplomats from foreign countries2. cases in which a state is
involved
Supreme Court has original jurisdiction in 2 instances1. cases involving diplomats from foreign countries2. cases in which a state is
involved
Justices of the Supreme Court
Justices of the Supreme Court
8 associate justices lead by a chief justice (9 total)
Appointed by the president with Senate approval
Appointed for a life term No official requirements;
all have been lawyers
8 associate justices lead by a chief justice (9 total)
Appointed by the president with Senate approval
Appointed for a life term No official requirements;
all have been lawyers
Selection of JusticesSelection of Justices
Can be remove by impeachment
FBI investigates Senate approves 2/3 vote President’s legacy: pick
justices and judges that are from their own political party & have same ideology (idea)
Can be remove by impeachment
FBI investigates Senate approves 2/3 vote President’s legacy: pick
justices and judges that are from their own political party & have same ideology (idea)
Supreme Court PowersSupreme Court Powers
Judicial Review: decide if a law or action by government officials is allowed by the Constitution
Judicial Review was established in the court case Marbury v. Madison
Interpreting Law: decide what law really means
Judicial Review: decide if a law or action by government officials is allowed by the Constitution
Judicial Review was established in the court case Marbury v. Madison
Interpreting Law: decide what law really means
Powers of the CourtPowers of the Court
Marbury vs. Madison Supreme Court has final ruling
Judicial Review Power to say federal, state, local
law, government action against Constitution
John Marshall made decision that created Judicial Review Power: Constitution supreme law to land Federal law supreme to state Courts duty uphold the
Constitution
Marbury vs. Madison Supreme Court has final ruling
Judicial Review Power to say federal, state, local
law, government action against Constitution
John Marshall made decision that created Judicial Review Power: Constitution supreme law to land Federal law supreme to state Courts duty uphold the
Constitution
Supreme Court Case Docket
Supreme Court Case Docket
Court Docket (calendar) Court chooses what cases it
will hear & not hear Less than 200 per year Final authority in all cases When court refuses to
review a case from a lower court, the lower courts decision stands (upheld)
Court Docket (calendar) Court chooses what cases it
will hear & not hear Less than 200 per year Final authority in all cases When court refuses to
review a case from a lower court, the lower courts decision stands (upheld)
Interpreting the Constitution
Interpreting the Constitution
Supreme court decides what Congress meant by vague laws it often makes 5 year prison violent crime
Use of gun: What does this mean to you?
Court meaning: person must show, fire, or
say I have a gun
Supreme court decides what Congress meant by vague laws it often makes 5 year prison violent crime
Use of gun: What does this mean to you?
Court meaning: person must show, fire, or
say I have a gun
Deciding what cases to hear
Deciding what cases to hear
Year begins October and ends in June/July of next year
Each month is divided into 2 weeks listening to oral
arguments 2 weeks in recess (do all work)
Write opinions & study new cases During summer break
Study applications for review, catch up on other legal work
Year begins October and ends in June/July of next year
Each month is divided into 2 weeks listening to oral
arguments 2 weeks in recess (do all work)
Write opinions & study new cases During summer break
Study applications for review, catch up on other legal work
Steps in Court’s DecisionActivity
Steps in Court’s DecisionActivity
1. Written Arguments: Lawyer prepares briefs
2. A3. A4. Justices ask questions of the
lawyers5. A6. A7. a8. Copies printed and opinions
posted on the web
1. Written Arguments: Lawyer prepares briefs
2. A3. A4. Justices ask questions of the
lawyers5. A6. A7. a8. Copies printed and opinions
posted on the web
AnswersAnswers 1.Written Arguments: lawyers
prepares briefs. 2. justices study briefs 3.Oral arguments: lawyers for
each side argue the case 4. Justices ask questions of the
lawyers 5. Conference: Justices make
decisions about cases (majority of 5 required)
6. Opinion Writing: after decision reached justices write an opinion
7. Announcement 8. Copies printed and opinions
posted on the web.
1.Written Arguments: lawyers prepares briefs.
2. justices study briefs 3.Oral arguments: lawyers for
each side argue the case 4. Justices ask questions of the
lawyers 5. Conference: Justices make
decisions about cases (majority of 5 required)
6. Opinion Writing: after decision reached justices write an opinion
7. Announcement 8. Copies printed and opinions
posted on the web.
NC Judicial BranchNC Judicial Branch The North Carolina Judicial
Branch interprets state laws and executive orders. NC has two kinds of trial courts
1. Superior Court- handle civil cases more than $10,000 and felonies2. District Court – juvenile law, divorce and other family law, mental hospital commitments, traffic violations civil cases, or disputes involving less than $10,000, misdemeanors (minor crimes)
The North Carolina Judicial Branch interprets state laws and executive orders. NC has two kinds of trial courts
1. Superior Court- handle civil cases more than $10,000 and felonies2. District Court – juvenile law, divorce and other family law, mental hospital commitments, traffic violations civil cases, or disputes involving less than $10,000, misdemeanors (minor crimes)
NC JUDICIAL BRANCHNC JUDICIAL BRANCH
TYPES OF COURTS TYPES OF COURTS
•SUPREME COURT NC•COURT OF APPEALS•SUPERIOR COURT•DISTRICT COURTS
•SUPREME COURT NC•COURT OF APPEALS•SUPERIOR COURT•DISTRICT COURTS
JUDICIAL BRANCH NCJUDICIAL BRANCH NC SUPREME
COURT SUPREME
COURT 1 CHIEF JUSTICE & 6
ASSOCIATE JUSTICES 8 YEAR TERMS 1ST DEGREE MURDER,
APPEALS, REQUEST FROM STATE IN CRIMINAL CASES
1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS 1ST DEGREE MURDER,
APPEALS, REQUEST FROM STATE IN CRIMINAL CASES
North Carolina Supreme Court
North Carolina Supreme Court
The highest court in NC NC Supreme Court reviews cases
appealed from the NC Appeals Court, if there is new evidence, unfair trial, or due process not followed.
1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES
There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.
The highest court in NC NC Supreme Court reviews cases
appealed from the NC Appeals Court, if there is new evidence, unfair trial, or due process not followed.
1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES
There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.
JUDICIAL BRANCHJUDICIAL BRANCH COURT
OF APPEALS
COURT OF APPEALS
15 JUDGES – PANELS OF 3 THAT CIRCULATES
8 YEAR TERMS HEARS APPEALS FROM ALL
DISTRICT COURTS HEARS ALL APPEALS FROM
SUPERIOR BUT 1ST DEGREE MURDERERS WITH DEATH PENALTY
APPEALS FROM AGENCIES
15 JUDGES – PANELS OF 3 THAT CIRCULATES
8 YEAR TERMS HEARS APPEALS FROM ALL
DISTRICT COURTS HEARS ALL APPEALS FROM
SUPERIOR BUT 1ST DEGREE MURDERERS WITH DEATH PENALTY
APPEALS FROM AGENCIES
North Carolina Appellate Courts
North Carolina Appellate Courts
A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial.
Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.
A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial.
Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.
JUDICIAL BRANCHJUDICIAL BRANCH SUPERIOR
COURTS SUPERIOR
COURTS 8 DIVISIONS AT LEAST 1
JUDGE/ DISTRICT 8 YEAR TERMS
HEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORS
CIVIL CASES OVER $10,000 FELONIES
8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT
8 YEAR TERMS HEAR NEW JURY TRIALS FOR
CONVICTED MISDEMEANORS CIVIL CASES OVER $10,000 FELONIES
NC General Trials CourtsNC General Trials Courts
Superior Court: cases involving serious crimes (felonies) or civil cases involving more than $10,000.
There will be a jury of your peers to decide the case.
The judge keeps order, sentences the defendant if guilty, and can overturn a verdict reached by the jury if he or she feels the jury has not been impartial.
Superior Court: cases involving serious crimes (felonies) or civil cases involving more than $10,000.
There will be a jury of your peers to decide the case.
The judge keeps order, sentences the defendant if guilty, and can overturn a verdict reached by the jury if he or she feels the jury has not been impartial.
JUDICIALJUDICIAL DISTRICT
COURTS DISTRICT
COURTS 39 DISTRICTS AT LEAST 1 JUDGE/ DISTRICT HAS A JURY TRIAL
HEARS MISDEMEANORS CIVIL CASES UNDER $10,000 DOMESTIC RELATIONS CASES FAMILY COURT, JUVENILE 16 &
UNDER
39 DISTRICTS AT LEAST 1 JUDGE/ DISTRICT HAS A JURY TRIAL
HEARS MISDEMEANORS CIVIL CASES UNDER $10,000 DOMESTIC RELATIONS CASES FAMILY COURT, JUVENILE 16 &
UNDER
NC General Trials Courts (con)
NC General Trials Courts (con)
District Courts criminal district court-
misdemeanors civil cases involving less than
10,000 juvenile court magisterial -traffic tickets,
fines, etc There is no jury for district
courts only a judge.
District Courts criminal district court-
misdemeanors civil cases involving less than
10,000 juvenile court magisterial -traffic tickets,
fines, etc There is no jury for district
courts only a judge.
Landmark Court Decisions
pg 392
Landmark Court Decisions
pg 392
Bayard v. SingletonState v. Mann
The Leandro Case
Bayard v. SingletonState v. Mann
The Leandro Case