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Judicial Branch:

Judicial Branch:. The Federal Court System. About our Courts. Dual Court System State Courts Deal with state and local issues Federal Courts Hear cases dealing with an array of different FEDERAL issues Confusing? People commit crimes that break both Federal and State laws

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Judicial Branch:

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  1. Judicial Branch: The Federal Court System

  2. About our Courts • Dual Court System • State Courts • Deal with state and local issues • Federal Courts • Hear cases dealing with an array of different FEDERAL issues • Confusing? People commit crimes that break both Federal and State laws • Rodney King Beating – Broke state and federal laws • Officers acquitted by the state – 2 were found guilty Federal

  3. Federal Courts • District Courts – Lowest level on the triangle • 94 Scatter across the country • 80% of the federal caseload (300,000 a year) • 1st to hear most federal cases • Number of judges for each court • Runs like most courts you see on TV – judge, jury witnesses

  4. District Court – Original Jurisdiction • Cases they hear FIRST • Federal Crimes, Bankruptcy, Maritime disputes and Civil suit between 2 or more people from separate states concerning $50,000.00 or more • PA – 3 District Regions • http://www.pawd.uscourts.gov/Pages/district.htm • http://www.paed.uscourts.gov/index.htm • http://www.pamd.uscourts.gov/default.htm

  5. Court of Appeals/Circuit Courts • 13 Appellate Courts • 12 courts cover specific regions • 1 covers special issues • No jury, no witnesses and no evidence • Panel of judges • Make sure lower court proceedings were done correctly • Reverse lower court • Affirm lower court

  6. Supreme Court • Washington D.C. • Highest Court in the land • Final court of appeals • 2001 – 9176 cases were brought to S.C. – Only 88 were heard • Cases of Original Jurisdiction – 1st to hear • Treaties • People vs. State • US vs. State • State or Federal law is unconstitutional • 2 states are in a dispute • Foreign ambassadors or diplomats

  7. Who serves? What are their Qualifications? • Federal Judges – District and Circuit Courts • Justices – 9 total – Supreme Court • $190,000 - $200,000 a year • No specific qualifications – age, or schooling • Usually former federal judges • President appoints all of the judges and justices • Approved by the Senate • Serve for LIFE!

  8. What do courts do? Interpret and Apply the laws of the land • Criminal Courts • Decide whether a law was broken • Result = Fine, prison, probation, community service • Players • Prosecution – brings forth the criminal charges “The people” • Defendant • Civil Court • Settle Disagreements • Divorce • Broken Contracts • Property Damage • Result = Money • Players • Plaintiff – brings a complaint forward • Defendant

  9. Supreme Court – The Process Get your case to the Supreme Court Appeal it from lower courts Original Jurisdiction cases State vs. Citizen US vs. State Usually only hear cases that involve controversial issues Decisions Let lower court decision stand Writ of Cert Court decides to hear the case

  10. Supreme Court Process • Study Briefs • 100’s of pages – document evidence, testimony and lower court rulings • Hear arguments • 2 Lawyers – one representing each side • 30 minutes – Plead your case • Discuss case in private • Take a vote – privately • Release their rulings to the public • Opinions

  11. Opinions of the Supreme Court • Majority Opinion • Winning opinion • Concurring Opinion • Agreed with the majority but for other reasons • Dissenting Opinion • Losing Opinion

  12. Consequences of Supreme Court Rulings • Precedents – influence the lower court rulings • A Supreme Court ruling is as powerful as a law • Judicial Review – Ability to rule on whether laws – state or federal – and other actions by government officials are constitutional • they have defined what free speech means and what our other rights “really” are

  13. Debate • Debate • Judicial Restraint – laws are to be created by Congress and the president, not the Supreme Court • Roe v Wade – No federal law allowing abortion but we know the highest court said it was a women’s right • Judicial Activism – Take active role in policy making through the courts • So what should the courts do??? • Be Active or let Congress and the President decide • Same sex marriage • What is torture?

  14. Supreme Court Decisions • Flag Burning • Student Rights • Free speech and expression • Civil Rights • Segregation – School, and public transportation • Soon • Hand guns • Death penalty

  15. A tough debate • Often cases that go to the Supreme Court are issues that involve people claiming they both had rights • Drive in showing nudity and the neighbor that complained • Young girl under the age 18 raped and killed – news station releases name • The human cannonball and the news station • The newspaper that was sued for not offering equal coverage for candidates

  16. Your Cases • Why did your case go to the Supreme Court? • Which case did the Supreme Court have original jurisdiction over? • Are these cases criminal or civil court cases • Remedy • Who is the plaintiff in each case? • Can a case be won by the plaintiff in a district court, lost in the appellate court and then won in the Supreme Court?

  17. Analyzing Court Cases • Edwards v Aguillard - 1987 • Louisiana - Balanced Treatment = Evolution + Creation in the classroom • Establishment Clause of the 1st Amendment – Government cannot advance or deny religious beliefs • Lower Courts – Louisiana was promoting religion • Supreme Court – 7/2 promoted religious indoctrination • Dissenting – Students will not become religious…They should have the opportunity to learn all sides

  18. Analyzing cases • Kitzmiller v Dover Area S.D. – 2005 • Did they forget the Edwards case??? • No, they just changed the wording • Edwards – Creation • Dover – Inteligent Design • District Court – Middle District of PA • http://www.pawd.uscourts.gov/Pages/district.htm • Parents sued the School – School Board had required religion be part of curriculum • Teachers refused • School board members in favor were NOT re-elected • Ruled in favor of the parents

  19. Hazelwood v Kuhlmeier - 1988 • How much control do students have over the school newspaper? • Pregnant students story is removed and a story about students who had divorced parents • Students get mad • Rulings • http://www.landmarkcases.org/hazelwood/diagram.html • Supreme Court rules in favor of the school • Dissenting – newspaper is a forum for expression • St. Louis paper runs story for the kids

  20. Gonzales v Oregon - 2006 • Oregon passes Death with Dignity Act • Physician assisted suicide • Terminal illness – 6 months • Another doctor confirms illness • Mental evaluation • 2 witnesses • Wait 15 days and request again • Control Substance Act 1970 • Federal government has authority over drugs – both legal and illegal • Federal government can regulate the way doctors prescribe drugs

  21. Gonzales v Oregon - 2006 • Government did not try to make this a moral issue • Argued that the use of the specific drugs by physicians was not a valid • Lower Courts ruled in favor of Oregon • Supreme Court • The drugs they wanted to use were legal • It is not the federal government’s place to decide what states want to do with them!

  22. http://video.google.com/videoplay?docid=8536008651248732897&q=william+rodriguez&total=88&start=0&num=10&so=0&type=search&plindex=5http://video.google.com/videoplay?docid=8536008651248732897&q=william+rodriguez&total=88&start=0&num=10&so=0&type=search&plindex=5

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