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Intro to Law: UNIT 5. Basic Civics. Everything you need to know about Government Structure and Laws. Spring 2012. The Constitution. Foundation for government and laws. Supreme law of the land. Types of Government. The Three Branches of Government. The Legislative Branch.
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Intro to Law: UNIT 5 Basic Civics Everything you need to know about Government Structure and Laws Spring 2012
The Constitution • Foundation for government and laws. • Supreme law of the land.
Legislative BranchFederal Legislative Branch • Congress • In Washington, DC • Bicameral: • House of Representatives • Senate
Legislative BranchNew York State Legislative Branch • New York State Legislature • In Albany • Bicameral: • State Senate • State Assembly
Legislative BranchNew York City Legislative Branch • New York City Council • Manhattan • Unicameral
Executive BranchFederal Executive Branch • HEAD: President • Consists of • President and Executive Office • Departments and • Agencies
The Executive Branch New York State Executive Branch • Head: Governor • Consists of • Governor, • Departments and • Agencies
The Executive Branch New York City Executive Branch • Head: Mayor • Consists of • Mayor, • Departments and • Agencies
The Judicial BranchThe Federal Judicial Branch • Head: Chief Justice of the United States • Consists of • Supreme Court, • Courts of Appeals and • District Courts
The Judicial Branch New York State Judicial Branch • Head: Chief Judge of the State of New York • Consists of • Court of Appeals • Appellate Division; and • Supreme Court (and other trial courts)
What does Each Branch Do? • Leg Branch • Legislates • Statutes • Exec Branch • Executes • Statutes • Rules & Regs • Exec Orders • Jud Branch • Adjudicates
Which Branch Creates Laws? • Types of Laws • Constitutional Law • Statutory Law • Administrative Law • Case Law (including Common Law)
What is Constitutional Law? • Law that comes from the constitution • Created & amended by Federal and State Legislatures (Article VI) • Constitution = Supreme law of the law • Interpreted and by each branch of Federal and State • Final interpretation: SCOTUS (Rule of Five)
What is Statutory Law? • Law that comes from Statutes • Legislature passes bills • Bill becomes law if: • Executive signs it into law; OR • If vetoed, 2/3rds of Legislature vote to override veto
What is Administrative Law? • Law that comes from Rules and Regulations • Department or Agency is created by statute • Enabling statute: Gives Department or Agency limited power to create rules and regulations.
What is Case Law?Law that comes from cases • Two types of cases • Interpret Law • Statutes, Rules & Regs, Exec Orders, The Constitution • Common Law • Judge-Made Law • E.g., Torts, Contracts,
Becoming a Federal Judge • President Nominates • Senate Advise and Consent • Senate Judiciary Committee • 60 votes for Closure • Simple Majority for Consent
Jurisdiction Broad legal term that means the power or authority of a court to hear and decide a dispute or controversy as well as its authority to bind parties in the action. • HEAR • DECIDE • BIND
JurisdictionHear, Decide, Bind • Subject Matter Jurisdiction • hear a dispute or controversy • Personal Jurisdiction • Bind parties in action. • When plaintiff decides to bring action, party submits themselves to jurisdiction of court.
Original and Appellate Jurisdiction • DIFFERENCE • One starts and tries cases • One hears appeals • Is that it?
Original and Appellate Jurisdiction • Courts with Original Jurisdiction • Must gather the facts • Must make decision based on the facts and the law
Original and Appellate Jurisdiction • Decisions in courts with Original Jurisdiction • Motions: Grant or denied • Trials: • Civil: Liable or Not Liable • Criminal: Guilty or Not Guilty
Original and Appellate Jurisdiction • Courts with Appellate Jurisdiction • Must use the facts from the trial court • Issue: Did the court trial court get the law right. • However…
Original and Appellate Jurisdiction • Courts with Appellate Jurisdiction: However: • Trial courts have discretion and the appellate court will look to see if the judge made the decision within the bounds of law. • NOT whether the appellate court agreed.
Original and Appellate Jurisdiction • Courts with Appellate Jurisdiction: • When a court makes an error in the law, the court has to determine whether that error was harmless. • Harmless errors will not cause a reversal..
Federal Court Jurisdiction “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” • Article III, U.S. Constitution
The Levels of the Federal Courts Supreme Court Court of Appeals District Court
The Levels of the Federal Courts • UNITED STATES DISTRICT COURTS • Trial Court (cases start here) • UNITED STATES COURTS OF APPEAL • Intermediate Appellate Court • UNITED STATES SUPREME COURT • Highest Court
United States Supreme Court • Nine justices • Chief Justice • Runs the court • Runs the US Court System • Circuit Justices. • Nine Justices: • 1 Chief Justice and • 8 Associate Justices
Supreme Court Members • CJ John Roberts, Jr. • AJ Antonin Scalia • AJ Anthony Kennedy • AJ Clarence Thomas • AJ Ruth Bader Ginsburg • AJSteven Breyer • AJSamuel Alito • AJSonya Sotomayor • AJElena Kagan
How does the Supreme Court make a decision?After accepting a case... • Briefs • Amici Curiae Briefs • Oral Argument • Conference • Decision
United States Courts of Appeal13 Circuits • 12 geographic Jurisdiction • 1st through 11th • DC Circuit Court • 1 special Jurisdiction • Court of Appeals for the Federal Circuit
The Second Judicial Circuit An Example of a Geographic Circuit • All federal courts within the states of • New York, • Connecticut and • Vermont.
The Second Judicial Circuit • This includes the • Court of Appeals for the Second Circuit • District and Bankruptcy courts for the • Southern District of New York, • Northern District of New York, • Eastern District of New York and • Western District of New York, • District of Connecticut and • District of Vermont.
Court of Appeals−Second Circuit • Handles APPEALS from the District and Bankruptcy courts for the • Southern District of New York, • Northern District of New York, • Eastern District of New York and • Western District of New York, • District of Connecticut and • District of Vermont.