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JUDICIAL BRANCH

JUDICIAL BRANCH. ARTICLE III. JURISDICTION : THE AUTHORITY OF A COURT TO HEAR PARTICULAR CASES. JURISDICTION DEPENDS ON WHICH SYSTEM –STATE OR FEDERAL -- A COURT BELONGS TO AND ON THE TYPE OF COURT AND THE TYPE OF CASE BEING HEARD. TYPES OF JURISDICTION :

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JUDICIAL BRANCH

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  1. JUDICIAL BRANCH ARTICLE III

  2. JURISDICTION: THE AUTHORITY OF A COURT TO HEAR PARTICULAR CASES. JURISDICTION DEPENDS ON WHICH SYSTEM –STATE OR FEDERAL -- A COURT BELONGS TO AND ON THE TYPE OF COURT AND THE TYPE OF CASE BEING HEARD. TYPES OF JURISDICTION: A. CONCURRENT JURISDIC TION: CASES CAN BE HEARD IN EITHER STATE OR FEDERAL COURT. B. ORIGINAL JURISDICTION: CASES THAT COME STRAIGHT TO IT WITHOUT BEING HEARD BY ANY OTHER COURT FIRST. C. APPELLATE JURISDICTION: REFERS TO CASES HEARD ON APPEAL. AN APPEAL OCCURS WHEN THE PARTY WHO LOST A CASE IN A LOWER COURT ARGUES THAT SOME POINT OF LAW WAS NOT APPLIED PROPERLY AND ASKS A HIGHER COURT TO REVERSE THE DECISION.

  3. FEDERAL COURT SYSTEM SUPREME COURT ------- ONE ORIGINAL & APPELLATE COURT OF APPEALS --------- 12 APPELLATE ORIGINAL DISTRICT COURTS ----------- 94

  4. STEPS IN THE SUPREME COURT TRIAL • CHOOSING WHICH CASES TO HEAR • 1. PETITIONING THE SUPREME COURT • A. MUST LIE WITHING JURISDICTION • B. MUST BE AN APPROPRIATE QUEST- • ION FOR THE COURT ( NOT A • POLITICAL QUESTION CAPABLE • OF BEING ANSWERED BY OTHER • BRANCHES.

  5. THE ROLE OF THE LAW CLERKS - MUST READ • ALL THE PETITIONS AND SUMMARIZE EACH • PETITION IN A TWO-TO-FIVE PAGE MEMO • THAT INCLUDES A RECOMMENDATION TO THE • JUSTICES. THE RULE OF FOUR - FOUR JUDGES MUST AGREE TO HEAR THE CASE.

  6. Deciding the case: 1. place on the docket ( list of cases to be heard) 2. lawyers write briefs and oral arguments for their appearance 3. each side is give ½ hour to make their case verbally to the Court 4. decisions are reached before and during justices’ conference meetings. 5. once decision is reached the writing of the opinion is assigned. (states the judgment and reasoning of the majority of the Court.

  7. Types of decisions: concurring opinions – agree with majority but with other reasoning dissenting opinions - disagree with majority decision

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