Presentation Transcript

1. The Judicial Branch
2. “Blind Justice”
3. The Judicial Branch has an important role in the system of checks and balances. The federal courts can: Declare laws passed by Congress and the president unconstitutional Declare executive acts unconstitutional Remember, however, that Congress must approve any judicial appointments and may impeach judges. The president appoints most federal judges.
4. In the U.S., there are two types of court: Civil Court and Criminal Court (two parties can’t agree) (someone has broken a law) plaintiff v. defendant Plaintiff is the person bringing the complaint Defendant is the one defending themselves ex. ~ Wickardv. Groff State v. defendant State is also known as the prosecution. Defendant is the person defending his or her actions. ex. ~ State of California v. Berg or Commonwealth of VA v. Pace
5. Different courts have different areas of authority, or jurisdictions. A court’s jurisdiction describes its authority to hear and decide a particular case. Original Jurisdiction means a court has the authority to hear a case for the first time. Appellate Jurisdiction means a court has the authority to hear a case that has been appealed to it by a lower court.
6. What types of cases are heard by Federal Courts? A case would go to federal court if it dealt with: bankruptcy crimes on federal property disputes between states cases involving the federal government constitutional questions disputes between citizens of different states federal laws, including counterfeiting and kidnapping disputes involving foreign governments admiralty and maritime law cases involving foreign diplomats
7. Federal or State Court? Determine whether the following cases would go to federalorstatecourt: Man accused of kidnapping has his day in court Auto dealership declares bankruptcy Woman accused of killing husband with frying pan Bank robber pleads not guilty Virginia fisherman sues Maryland for limiting fishing rights in the Chesapeake Bay Grand jury indicts lawyer for role in embezzlement scheme Minnesota man arrested for violating the terms of a treaty with Canada Ambassador to Russia arrested for espionage and returned to US for trial Virginia Beach soccer mom arrested for drunk driving on Fort Story Bus driver accused of reckless driving when bus tips over on Holland Road
8. The federal court system looks like this: U.S. District Court (judge with jury) Jurisdiction: original U.S. Court of Appeals (justices/no jury) Jurisdiction: appellate U.S. Supreme Court (9 justices only) Jurisdiction:appellate and limited original ~ The U.S. District Court is the first federal court a case would be heard in. It has original jurisdiction because it is the first federal court to hear the case. It has a judge and a jury.
9. ~ The U.S. Court of Appeals is the next highest court a case may go to. It has appellate jurisdiction in all cases. It has only a three-judge panel to hear the appeal and no jury. The panel reviews the case and may do one of three things: Uphold the lower court’s ruling Overturn the lower court’s ruling Remand (return ) the case to a lower court for a new trial
10. ~The U.S. Supreme Court is the highest court in the U.S. It is sometimes called the “court of last resort.” Cases that are appealed to the Supreme Court are not automatically heard--the court may choose which cases to hear and which to send back to lower courts for retrial. The court usually only agrees to hear cases that pose serious constitutional questions or are of great public interest. About 6,000 cases are appealed to the Supreme Court every year--about 150 are actually heard by the court.
11. The state and local courts are where most cases are tried in the United States. Virginia State courts also decide whether or not laws and orders passed by the governor and General Assembly are constitutional.
12. The Virginia Court system looks like this: Local courts State courts General District Court (local only) Judge only Hears misdemeanor cases and civil cases of less than $1,000 Circuit Court (state court) Judge and jury hears felony cases and civil cases over $1,000 hears appeals from lower courts Virginia Supreme Court (state court) Justices only/no jury court of final appeals within the state hears appeals from the state court of appeals Juvenile and Domestic Relations Court (local only) Judge only hears juvenile and family cases Juvenile courts have more latitude (flexibility) in sentencing Court of Appeals of Virginia (state court) panel of judges/no jury only hears appeals from the circuit courts