CHAPTER THREETHE JUDICIAL SYSTEM IN USA

Outline1. Introduction & study objectives.

2.The Federal Courts (The US Supreme Court , U.S. District Court And U.S. Court Of Appeals )

3.Courts of the Individual States.

Introduction The justice system in the United States

is one of the most unique in the world. It consists of two separate levels of courts, state and federal, that can peacefully co-exist under the concept of federalism .

Dual Court SystemTwo court systems in America

Federal courts

State courts

The Federal Courts

Article III of the constitution invests the judicial power of the United States in the Federal Courts System.

Article III Section 1 :-

Specifically creates the U.S Supreme Court and gives congress the authority to create the lower federal courts

Study objectives

The Federal Courts

InferiorFederalCourts

1 Supreme Court94 District

Court13 Courts Of

Appeals

Supreme Court

U.S. Supreme Court (9) “Justices”

Kinds of Jurisdiction

The Us Supreme

Court

Appellate Jurisdiction

Original Jurisdiction

Original Jurisdiction

the US Supreme Court has original jurisdiction (heard there first). Cases in which a state is a party and cases dealing with diplomatic personnel, like ambassadors, are the two examples.

Appellate jurisdiction

As a court of last resort in federal matters (Cases arising under the constitution or laws of the United states)

Inferior Federal Courts Inferior Federal courts are created by

statute (Congress Or Law)

Inferior Federal Courts

U.S District Courts

U.S Court Of Appeals

U.S District Courts

U.S District Courts “Trial Courts”

The United States has 94 Federal district courts.

U.S. District CourtsOregon, a state with

few people, has only 1 Federal District Court.

California, a populous state, has 4 Federal District Courts.

U.S. Court Of Appeals

When cases are appealed from district courts, they go to a federal court of appeals. Courts of appeals do not use juries or witnesses. No new evidence is submitted in an appealed case.

appellate courts base their decisions on a review of lower-court records.

U.S. Courts of Appeal “Circuit Courts”

How Many Judges participate ?

Between four and twenty six judges sit on each court of appeals, and each case is usually heard by a panel of three judges. Courts of appeals offer the best hope of reversal for many appellants, since the Supreme Court hears so few cases. Fewer than 1 percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court.

The U.S Supreme Court is the final appellate court.

The Court’s decision on application for appeal or certiorari is usually rendered per curium.

The Specialized Judicial tribunals On the same level with the courts of

appeals there exist The Court of Claims and The Court of Customs and Patent Appeals.

The Court of Claims

It has jurisdiction over claims

against federal government

The Court of Customs and Patent Appeals

It is competent for the supervision of decisions of two adminstrative agencies (the patent Office and the

International Trade Commisiion)

The Federal Judges The majority of federal judges are still

appointed from among leading practitioners , politicians , or law teachers

Federal Judges are appointed for life by the president with the advice and consent of the senate.

Courts of the individual states

All of the states have a complete judicial hierarchy which consists of Three Levels of courts in many states , in some states only of Two Levels.

Designation of these courts in often confusing.

The Appellate Tribunal in the states in which there is middle level court is The State Court of Appeal.

Final Appellate Jurisdiction , both in systems with only Two Levels of courts and in those with Three is The Supreme Court of The State

selection of judges In most states judges are elected or , if

appointed to a vacancy , confirmed in their office by election.

Group 5

1.Eslam Salah Ashry (Presenter)2.Asmaa Mansour Ali (Presenter)

3.Eslam Mohammed Zaki

4.Eslam Gamaleldin Hussien

5.Eslam Nabil Badr

6.Ismail Bakry Selim

7.Eslam Ramadan Fathi

8.Eslam Mohammed Saeid