jurisdiction unit v u.s. constitution constitutional right violation such as freedom of speech,...
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Jurisdiction
Unit V
U.S. Constitution
Constitutional right violation such as freedom of speech, religion, or other related to Constitutional Articles I-VII and Amendments
Examples-– Flag Burning– Executive Branch– Mall of America– Capital punishment of 8 year-old
Federal Laws
Federal crimes such as tax evasion, kidnapping, bank robbery or any laws created by Congress or Executive Agencies
Examples-– Crime crossing a state or international
border– Checking constitutionality of local, state,
and federal laws
Admiralty and Maritime Laws
Concerns or crimes that occur on the high seas, related to the seas, or international waters
Examples-– Shipwrecks– Pirates– Drug traffic– Zebra Mussels– Asian Carp
Disputes where the U.S. is involvedExamples
– Violation of government contracts– Involvement of government property– Italian Gondola Accident– Nuclear Testing– Japanese Internment– IRS
Controversies between States
Examples-– Disputes over milk prices– Pollution from factories– Interstate system– Hwy 36 Bridge– Asian Carp
Controversies between Citizens of different StatesExamples-
– Interstate commerce– Product bought somewhere else in U.S.– Jurisdiction limit to case involving $50,000
or more
Disputes involving Foreign GovernmentsExamples-
– Case involving international law – Citizen or company
* However, American businesses and U.S. Citizens and Permanent Residents must respect laws and practices of other nations as they do ours
U.S. Ambassadors, Ministers, and Consuls serving in Foreign Countries
American citizen working for the American government violates American law in a foreign country
May be legal in respective country but employee may be liable for actions in U.S. Court system
Usually high civilian officials
Jurisdiction
Under most of these situations, the Federal Court System has Exclusive Jurisdiction
Eight District Courts- Downtown Mpls.SCOTUS has the final say…if they
want to…
Minnesota Government
3 branches:Executive BranchLegislative BranchJudicial Branch
Functions of Judicial Branch
Guardian of MN state constitution & interprets U.S. Constitution
Make sure laws applied fairlyHelp preserve order in society
Minnesota Court System
District Court District Court 10th District CourtSherburne County
Anoka CountyIsanti County
District Court
Minnesota Court of Appeals
Minnesota Supreme Court
District or trial court
Judges– 272 judges, 10 districts, appointed by governor
& then elected to 6 year terms Jurisdiction / Process
– Criminal & Civil matters over $7,500– Ex: murder, DUI, divorce– More than 2 million cases a year– Trial by judge or jury
Di
Conciliation Court
Also called small claims court or people’s court
Division of the trial courtsFor civil claims under $7,500No lawyers, simple, fast process
Minnesota Court of Appeals
Judges– 16 judges hear cases in groups of 3– Appointed by governor & then elected for 6 year terms
Jurisdiction / Process– Hears appeals from trial court– 2,000 cases per year– Reviews trial court’s decision, doesn’t repeat trial– End of the road for 95% cases
Minnesota Supreme Court
Justices– 7 Justices ( chief justice is Russell Anderson)– Appointed by governor & then elected to 6 year terms
Jurisdiction / Process– Hear appeals from Court of Appeals (exception: hear
appeals for 1st degree murder convictions)– Justices look for error in the lower courts– Only 5% of all trial court cases come to SC - they decide
which cases to review– If unhappy w/decision, can appeal to U.S. Supreme Court
(rare cases accepted)
Trial Court Jury Selection
Trial court cases may be heard by judge or jury Juries consist of 6 or 12 members Jury pool picked randomly from voter registration
lists & MN I.D. card/drivers’ license lists Jurors selected after lawyers & judge ask questions
about ability to keep an open mind & knowledge of the case
Defendant Arrested
Trial Court
Guilty Not Guilty
can appeal to
Court of Appeals
Reverse Conviction
UpholdConviction
Defendant Free
can appeal to
MinnesotaSupreme Court
Reverse Conviction
Defendant Free
UpholdConviction
DefendantFree
Goal of the court system is to provide equal justice for all.
Jurisdiction
Unit V