Judicial Branch

Hierarchy

Supreme Court

State Courts

Local Courts

US JudgesQualifications No qualifications Appointed by President- approved by

Senate Senatorial Courtesy

› President asks for recommendations from state senates

Benefits of Federal Judges Serve for life** Cannot get a pay cut

** They CAN be impeached

WHY??

NC State JudgesQualifications Must be 21 years old Registered voter Able to practice law Lives in district Elected by people, 8 year term limit

Jurisdiction

Original: having the authority to hear a case for the first time

Appellate: having the authority to review a case to see if the law was applied fairly

Ability to give orders in a certain area

Jurisdiction cont. Exclusive Jurisdiction- cases can state

at state or federal level…. Can only be one

Concurrent jurisdiction- cases can start at EITHER state or federal level- they both have the power to hear the case

Federal Court System- SAD

SupremeAppeals

District

Special

District Courts Has original jurisdiction for federal cases 94 total with at least one for each state Cases are heard by judge and juries 90% of all federal cases start here Only federal court that hears a case ad

reaches verdict (guilty/not guilty)

Who's who in district court? Marshall- protect jurors, arrest criminals,

serve subpoenas, collect fines Grand Jury- decides if there's enough

evidence to try case District Attorney- prosecutes people

accused of breaking the law (federal lawyer- Cabot SVU)

Attorney/Public Attorney- rep defendant Judge- issues the sentence Jury- usually 12* decides guilty/innocence

Appeals Court AKA Appellate Courts,

Circuit Courts, Court of Appeals

Has appellate jurisdiction Appeal- lawyer thinks law

was applied incorrectly, appeals for review of lower courts decision

3 judge panel makes decision:› Overturn (change outcome)› Deny (not give another

chance)› Remand (send back to

lower court)

Supreme Court AKA SCOTUS 1 chief justice + 8 associate = 9 justices Justices are appointed by the President

and approved by the Senate Original Jurisdiction only in 2 situations:

› Case involving foreign diplomats› Cases between states

Appellate Jurisdiction when Constitutional issues

Backrow: L-R Sonia Sotomayor, Stephen Breyer, Samuel A. Alito, Elena KaganFront row: L-R Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, Ruth Bader Ginsburg

Special Court Original jurisdiction in 6 types of cases

› US Military Court of Appeals› US Tax Court› US Court of International Trade› US Court of Federal Claims› Land Claims› Bankruptcy Court

If a case goes to SCOTUS, what happens?

1. SCOTUS selects case for docket and reviews lawyer briefs

2. Oral arguments take place in which justices ask questions

3. Justices conference and vote- majority wins4. Decisions are written and released to public

› Majority decision› Dissenting decision› Concurring decision (agree, but for different

reason)

Warm Up1. Federal judges qualifications? Term length?2. State judges qualifications? Term length?3. Explain the levels of courts for the judicial branch4. What's the difference between appellate and

original jurisdiction?5. What powers does the legislative branch have

over the judicial branch?6. What powers foes the executive branch have

over the judicial branch?7. What powers does the judicial branch have over

the legislative and judicial branches?

NC Constitution, Article IV

…Justices of the Supreme Court, Judges

of the Court of Appeals, and regular

Judges of the Superior Court shall be

elected by the qualified voters and shall

hold office for terms of eight years and

until their successors are elected and

qualified. Justices of the Supreme Court

and Judges of the Court of Appeals shall

be elected by the qualified voters of the

State….. The Supreme Court shall consist

of a Chief Justice and six Associate

Justices, but the General Assembly may

increase the number of Associate Justices

to not more than eight.

Analyze this excerpt.

Who elects NC Judges?

Term length?

How many people are on the NC Supreme Court?

State Court SASD Home

District- lowest level

Superior level

Appeals- three judge panel set to review

Supreme- highest level

NC District Courts Has original jurisdiction for

misdemeanors and civil suits less than $10,000

Judge decides guilty/innocent and issues sentences

NC Superior Courts Has original jurisdiction for felonies and

civil cases $10,000 or more Jury decides guilty/innocent Judge issues sentences

NC Appeals Court aka NC Appellate Court, Circuit Courts Has appellate jurisdiction Three judge panel makes decisions to:

› Keep› Remand› Overturn

NC Supreme Court 1 chief justice and 6 associate justices= 7 Judges are elected for 8 year terms, no

limits Appellate jurisdiction only Final say on all NC Constitution issues

Hears more cases

Hears cases

dealing with

ONLY state

issues

Hears criminal and civil cases

Hears less

cases

Hears cases dealing with federal issues

Copy and add THREE to each

State Federal

Exit Ticket1. Explain this

graphic.2. Where does a case

start?3. What type of

jurisdiction does a court have when they try the case for the 1st time?

4. The 2nd time?

Warm Up1. Differentiate between original and

appellate jurisdiction. Give and example of each.

2. Explain the levels of federal courts.3. Draw a venn diagram comparing and

contrasting state and federal courts.4. In your opinion, which BRANCH has the

most power? Why?

2 Main Kinds of CasesCriminal

Someone has violated a law, a crime has been committed.

Prosecutor v. Defendant

Give 3 examples of a criminal case

Civil Cases between two

parties. No crime has been committed.

Plaintiff v. Defendant

Give 3 example of a civil case.