judicial branch. jurisdiction types of jurisdiction: 1.original 1.original – right to hear a case...
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Judicial
Branch
Judicial
Branch
JurisdictionJurisdiction
Types of Jurisdiction:Types of Jurisdiction:1.1. OriginalOriginal – right to hear a case for the first time.
Jurisdictional levels:Jurisdictional levels: 1.1. FederalFederal2.2. StateState3.3. LocalLocal
2.2. AppellateAppellate – right to hear a case on appeal; law has been applied unfairly or incorrectly 3.3. ExclusiveExclusive – assigned by Constitution; only federal courts can hear; includes cases
involving national laws, the federal government or other governments (State or Foreign) 4.4. ConcurrentConcurrent – cases that can be decided in state or federal courts
The right of a court to hear a case
The American Legal SystemThe American Legal System
1.1. Constitution of the United StatesConstitution of the United States
2.2. Statutory lawsStatutory laws – (statutes) laws that are written by state legislatures and other lawmaking bodies
3.3. Common LawCommon Law – origin of stare decisisstare decisis; past rulings that are used to make decision (precedent)(precedent)
Sources of LawSources of Law
*Stare Decisis means *Stare Decisis means “let the decision stand.”“let the decision stand.”*Stare Decisis means *Stare Decisis means “let the decision stand.”“let the decision stand.”
Public LawPublic Law – deals with the relationship between the government and citizens
Criminal Law Criminal Law Constitutional Law Constitutional Law Administrative LawAdministrative Law – rules and regulations
of the government agencies International LawInternational Law – rules that guide
relations w/other countries
Branches of LawBranches of Law (Civil and Criminal)(Civil and Criminal)
Branches of LawBranches of Law (Civil and Criminal)(Civil and Criminal)
Private Law – deals with disputes between individuals, businesses or other organizations
Contracts
Property Torts (wrongful act that injures a person or
someone’s property)
Domestic Relations
Judicial BranchJudicial Branch
United States Supreme CourtUnited States Supreme Court
U.S. Court of U.S. Court of Military AppealsMilitary Appeals
U.S. Court of U.S. Court of Military AppealsMilitary Appeals
MilitaryMilitaryCourtsCourts
MilitaryMilitaryCourtsCourts
12 U.S. Courts of12 U.S. Courts ofAppealsAppeals
12 U.S. Courts of12 U.S. Courts ofAppealsAppeals
U.S. TaxU.S. TaxCourtsCourts
U.S. TaxU.S. TaxCourtsCourts
TerritorialTerritorialCourtsCourts
TerritorialTerritorialCourtsCourts
94 District94 DistrictCourtsCourts
94 District94 DistrictCourtsCourts
Courts of the Courts of the District ofDistrict ofColumbiaColumbia
Courts of the Courts of the District ofDistrict ofColumbiaColumbia
Appeals fromAppeals fromFederal RegulatoryFederal Regulatory
AgenciesAgencies
Appeals fromAppeals fromFederal RegulatoryFederal Regulatory
AgenciesAgencies
U.S. Court of Appeals forU.S. Court of Appeals forthe Federal Circuitthe Federal Circuit
U.S. Court of Appeals forU.S. Court of Appeals forthe Federal Circuitthe Federal Circuit
U.S. Court of U.S. Court of InternationalInternational
TradeTrade
U.S. Court of U.S. Court of InternationalInternational
TradeTrade
U.S. ClaimsU.S. ClaimsCourtCourt
U.S. ClaimsU.S. ClaimsCourtCourt
U.S. Court of U.S. Court of Veteran’sVeteran’sAppealsAppeals
U.S. Court of U.S. Court of Veteran’sVeteran’sAppealsAppealsAppeals fromAppeals from
Highest StateHighest StateCourtsCourts
Appeals fromAppeals fromHighest StateHighest State
CourtsCourts
Federal District CourtsFederal District Courts
• federal trial courts; currently 94 courts
• at least one per state plus D.C. and Puerto Rico
• 2 judges per court
• have original jurisdiction
• hear 80% of federal cases (about 300,000/yr.)
Court of AppealsCourt of Appeals
• set in 12 districts or circuits; usually 3 judge panels
Court of AppealsCourt of Appeals
• set in 12 districts or circuits; usually 3 judge panels
• hear appeals from district courts
• set up to lessen workload of Supreme Court
• have appellate jurisdiction
• does not always mean a trial
• about 40,000 cases/yr.
Supreme CourtSupreme Court
• court of last resort most appeals come from the Court of Appeals
• currently 8 associate justices and chief justice• judicial reviewjudicial review - declare act unconstitutional • meets on the first Monday of October each year and
usually continues in session through June. • cases are heard en banc, which means by all the
justices sitting together in open court. • about 6,000 cases apply/yr., only about 100 get full
decision
Other Federal CourtsOther Federal Courts
U.S. Claims CourtU.S. Claims Court public officials can be sued here Government can be sued in some cases approved by Congress
U.S. Tax CourtU.S. Tax Court disputes between taxpayers and the
IRSCourt of Military AppealsCourt of Military Appeals trials of service persons (court
martial)Court of Appeals for Federal CircuitCourt of Appeals for Federal Circuit nationwide jurisdiction civil cases mostly patents, trademarks, copyrights
Territorial CourtsTerritorial Courts set up like federal district courts in
U.S. territoriesD.C. CourtD.C. Court handles all cases for the nation’s
capitalCourt of International TradeCourt of International Trade civil cases (involve money or
property) foreign business dealings covered
here
Process to the Supreme CourtProcess to the Supreme Court
1. Federal Indictment
2. Federal Grand Jury Hearing
3. True Bill of Indictment
4. Trial in Federal District Court
5. Verdict by Trial (Petit) Jury
6. Appeal to Courts of Appeals (Circuit Courts)
7. 3 panel court decides to uphold or overturn the verdict
8. Appeal to United States Supreme Court
Process of Hearing Cases by Process of Hearing Cases by the U.S. Supreme Courtthe U.S. Supreme Court
1.1. Submit AppealSubmit Appeal - In most cases lawyers write an appeal for the court to issue a writ of certiorari.writ of certiorari. (forces lower courts to send documents from the case to be reviewed)
2.2. Appeal GrantedAppeal Granted - (Rule of FourRule of Four) 4 of 9 justices agree to put case on docketdocket (schedule).
3.3. Submit BriefSubmit Brief - Merit BriefsMerit Briefs are written legal arguments by lawyers to support one side of a case.
*Amicus Curaie BriefsAmicus Curaie Briefs – friend of the court (interest groups file)
Process of Hearing Cases by Process of Hearing Cases by the U.S. Supreme Courtthe U.S. Supreme Court
4.4. Oral ArgumentsOral Arguments - the lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limited to 7 sittings at 30 minutes for each side. (2 weeks long)
5.5. ConferenceConference - justices discuss and vote on cases. (Wednesday morning and on Friday)
6.6. Write OpinionsWrite Opinions – after voting on the case, each justice may write their opinions.
7.7. The Decision is FinalThe Decision is Final
Making DecisionsMaking Decisions
• Judicial RestraintJudicial Restraint – the Court limits itself to matters of law and justice as they are brought before them.
• Judicial ActivismJudicial Activism – the Court does not refrain from making policy with its decisions.
• Write OpinionsWrite Opinions –
majoritymajority – the decision of the court
concurringconcurring – agrees with the decision but wants to explain
dissentingdissenting – disagrees and wants to explain why
• PrecedentsPrecedents – decisions of the Court become the standard or rule for future cases.
The United States The United States Supreme CourtSupreme Court
Supreme Court JusticesSupreme Court Justices
•President appoints; Senate approvesPresident appoints; Senate approves
•Their term is for LifeTheir term is for Life
•Impeached like any other officeImpeached like any other office
•Currently they make around $192,600Currently they make around $192,600
•Pay cannot be lessened during their term Pay cannot be lessened during their term
•If retire after 65 and have served 15 yrs. they get full If retire after 65 and have served 15 yrs. they get full pay for lifepay for life
The Supreme Court of the The Supreme Court of the United StatesUnited States