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Journal

Journal . Looking at the picture below predict how the American Court system works. . Judicial Branch . Some background information . Laws and Jurisdiction. Origin of law. Case law: Court decisions that inform judicial ruling

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Journal

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  1. Journal • Looking at the picture below predict how the American Court system works.

  2. Judicial Branch

  3. Some background information Laws and Jurisdiction

  4. Origin of law • Case law: Court decisions that inform judicial ruling • Constitution: outline the structure of the American government (or state) • Statutes: laws made by the national or state government

  5. Jurisdiction • The authority to hear certain cases is called jurisdiction of the court. • Concurrent jurisdiction is when both federal and state courts have jurisdiction. • Appellate Jurisdiction: The power to review cases already decided in lower court • Limited Jurisdiction: The power to hear only certain kinds of cases (tax cases)

  6. Types of Courts • Federal (Supreme Court & inferior federal courts) • established by Congress. • States • Each state has it’s own courts system whose power comes from state constitution and laws.

  7. Federal Courts

  8. The Federal Courts • Three layers of authority in the federal court system: • The Supreme Court • ThirteenCourts of Appeals and the Court of Appeals for the Federal Circuit. • U.S. District Courts and Specialized Federal Courts

  9. Federal Court System District Courts • 94 courts • Lowest level of the federal judicial system • Trial courts for both criminal/civil federal cases • District Courts has original jurisdiction to hear cases involving • Constitutional law • Cases Involving citizens of different states

  10. District Courts

  11. Federal Court System Appeals • If a person who loses a case in a trial court wishes to appeal a decision, they may take the case to a court with appellate jurisdiction. • Meaning a party may appeal a case from a district court to a court of appeals

  12. Court of Appeals • 13 US Courts of Appeals • Each covers a circuit-a geographic area containing several district courts • The Appeals court reviews the details of the case. DOES NOT HOLD TRIALS! • If an mistake was found the case will be send back to the district court for a new trial

  13. Court of Appeals District Courts

  14. Appeals • Those who are unhappy with the verdict from the court of appeals, may appeal to the Supreme Court

  15. Federal Court System Supreme Court • Is the highest court in the land • Receives thousands of appeals every year but only hears a small percentage of them

  16. Supreme Court Court of Appeals District Courts

  17. Worksheet • Using your notes from today ,last class and the reading complete the worksheets in the rest of your packet

  18. Answer the question on the paper provided Pop Quiz

  19. Question 1 • When someone is accused of a crime, the type of case is…..

  20. Question 2 • If you appeal a case, you are going to……… • Appellate court • Trial Court • A bench trial • State court

  21. Question 3 • The court that gets to decide what is constitutional…… • Court of Appeals • District Courts • Inferior courts • Supreme Court

  22. Question 4 • If the appellate court thinks a decision was wrong it will…. • Affirm the decision • Reverse the decision • Do nothing

  23. Question 5 • If a groups of people gives the verdict after a trial, that trial was a • Appeal trial • Bench trial • Jury trial • Evidence

  24. Question 6 • If an appellate court sends a case back to the trial court, it has • Affirmed the case • Not reviewed the case • Remanded the case

  25. Question 7 • The decision in a case is called the • Evidence • Jurisdiction • Decision • Verdict

  26. Question 8 • If you break a law of the United States, your case will probably be in • Federal court • State court

  27. Question 9 • At trial, lawyers try to prove their case using • An appeal • Verdict • Affirm • Evidence

  28. Question 10 • State courts were created by • The US Constitution • State constitutions

  29. Journal You have been elected the new Mayor of Sterling. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. • Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “Officially” in the system yet? • What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs?

  30. Agenda • Journal • Lecture • Activity-Marbury v. Madison

  31. Objectives

  32. Federal Courts System Federal Court Jurisdiction • The Constitution gave federal courts jurisdictionin cases that involve United States laws, treaties with foreign nations.

  33. Federal Courts System Federal Courts Jurisdiction Cont. • Ambassadors and other representatives of foreign governments • Two or more states government • United States government or one of it offices or agencies • Citizens who are resident of different states • Citizens who are residents of the same state but claim land under grants of different states

  34. Federal Courts System Supreme Court Court of Appeals District Courts

  35. Special Federal Courts • Congress has created a series of courts referred to as legislative Courts. • Legislative courts help Congress exercise its power. • U.S. Court of federal Claims • U.S. Court of Appeals for the Armed Forces • U.S. Tax Court • Territorial Courts • US Court of Military Appeals • Foreign Intelligence Surveillance Court

  36. Supreme Court Court of Appeals District Courts

  37. Federal Courts System Special Federal Courts • U.S. of Federal Claims Court • U.S. Court of International Trade • U.S. Tax Court • U.S. Court of Appeals for the Armed Forces

  38. Federal Courts System The Court of Appeals for the Federal Circuit • Court of appeals for the federal circuit • National jurisdiction over certain cases, such as those in which the U.S. government is a defendant

  39. Selection and Qualification Federal Judges

  40. Federal Courts System Qualifications • No specific requirements in the constitution • Most have prior experience ( lower or state courts)

  41. Federal Courts System Selection of Federal Judges • All federal judges are appointed by the president and approved by the senate. • Senatorial courtesy -allows senators from the president party to have a say in the appointment of judges in their state • Hold position for life (must be in good standing)

  42. Case Study Marbury V. Madison

  43. Adams appoints new judges… • John Adams signs appointments on his last night in office. • Thomas Jefferson is to take over as President.

  44. Vocabulary • “midnight judges”- what these new judges were referred to as. • William Marburywas one of these “midnight judges.”

  45. When does Madison come into play? • James Madison, TJs new Secretary of State, was supposed to officially present Marbury with his new position… • But he didn’t! • So… Marbury sued and appealed to the Supreme Court to get Madison to award him the position…

  46. The Verdict. • Supreme Court refuses to grant Marbury his position!! • Why? • A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was unconstitutional and void.

  47. Lasting Impact… • This is the first time the Supreme Court overturns an act of Congress. • Checks & balances in action! • Judicial Review- Supreme Court’s ability to declare a law or act unconstitutional

  48. Virginia Court Structure

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