The Federal Court System

1. The Federal Court System Review Three levels District, Appeals, Supreme

2. THE ESTABLISHMENT OF FEDERAL COURTS • THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article III • ALL OTHER FEDERAL COURTS WERE CREATED BY JUDICIARY ACTS OF CONGRESS (GIVEN THIS POWER BY THE CONSTITUTION) • JUDICIARY ACT 1789 CREATED THE DISTRICT COURTS AND APPEALS COURTS • JUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS

3. FEDERAL COURT EXCLUSIVE JURISDICTION • JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE (Federal Cases) • THE CONSTITUTION ISSUES • VIOLATIONS THE FEDERAL LAW • DISPUTES BETWEEN STATES • DISPUTES CITIZENS FROM DIFFERENT STATES • FEDERAL GOVERNMENT CONTROVERSIES • FOREIGN GOVERNMENT AND TREATIES • ADMIRALTY & MARITIME LAWS • U.S. DIPLOMATS

4. OTHER FORMS OF JURISDICTION • EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE ONLY BY FEDERAL COURT • CONCURRENT JURISDICTION: RIGHT OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASE • LOWER FEDERAL COURTS • ORIGINAL JURISDICTION: RIGHT TO HEAR AND DECIDE CASES FIRST (DISTRICT COURTS) • APPELLATE JURISDICTION: RIGHT TO HEAR AND DECIDE A CASE ONLY ON APPEAL FROM A LOWER COURT: (APPEALS COURTS OR CIRCUIT)

5. U.S. District Courts • Lowest level of federal courts • The majority of federal cases begin at this level • 94 District courts, at least 1 in each state • Responsible for determining the facts of the case • Only federal court in which witnesses testify and juries hear cases and reach verdicts

6. U.S. Courts of Appeals • Second level of federal courts • 13 Federal Appeals courts • Appeals courts reviews decisions made by a lower court when petitioned • Cases are appealed due to error, new evidence, or unfairness

7. U.S. Court of Appeals (con’t) • A panel of 3 or more judges review the cases and listens to arguments from lawyers, then makes a decision • Possible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)

8. Federal Court Officials • Judges: appointed by the president with Senate approval. Serve a lifetime term. Chief decision makers in the judicial branch. • Magistrates: issue court orders, issue search warrants, preliminary hearings, determine if case should go to court. • U.S. attorney: appointed by President for 4 year terms with Senate approval. Government lawyers who prosecute accused persons for breaking federal laws. • Marshals: make arrests, collect fines, protect jurors, serve legal papers

9. Supreme Court: Jurisdiction • Supreme Court has original jurisdiction in 2 instances 1. cases involving diplomats from foreign countries 2. cases in which a state is involved

10. Justices of the Supreme Court • 8 associate justices lead by a chief justice (9 total) • Appointed by the president with Senate approval • Appointed for a life term • No official requirements; all have been lawyers

11. Selection of Justices • Can be remove by impeachment • FBI investigates • Senate approves 2/3 vote • President’s legacy: pick justices and judges that are from their own political party & have same ideology (idea)

12. Supreme Court Powers • Judicial Review: decide if a law or action by government officials is allowed by the Constitution • Judicial Review was established in the court case Marbury v. Madison • Interpreting Law: decide what law really means

13. Powers of the Court • Marbury vs. Madison • Supreme Court has final ruling • Judicial Review • Power to say federal, state, local law, government action against Constitution • John Marshall made decision that created Judicial Review Power: • Constitution supreme law to land • Federal law supreme to state • Courts duty uphold the Constitution

14. Supreme Court Case Docket • Court Docket (calendar) • Court chooses what cases it will hear & not hear • Less than 200 per year • Final authority in all cases • When court refuses to review a case from a lower court, the lower courts decision stands (upheld)

15. Interpreting the Constitution • Supreme court decides what Congress meant by vague laws it often makes • 5 year prison violent crime • Use of gun: What does this mean to you? • Court meaning: • person must show, fire, or say I have a gun

16. Deciding what cases to hear • Year begins October and ends in June/July of next year • Each month is divided into • 2 weeks listening to oral arguments • 2 weeks in recess (do all work) • Write opinions & study new cases • During summer break • Study applications for review, catch up on other legal work

17. Steps in Court’s DecisionActivity • Written Arguments: Lawyer prepares briefs • A • A • Justices ask questions of the lawyers • A • A • a • Copies printed and opinions posted on the web

18. Answers • 1.Written Arguments: lawyers prepares briefs. • 2. justices study briefs • 3.Oral arguments: lawyers for each side argue the case • 4. Justices ask questions of the lawyers • 5. Conference: Justices make decisions about cases (majority of 5 required) • 6. Opinion Writing: after decision reached justices write an opinion • 7. Announcement • 8. Copies printed and opinions posted on the web.

19. NC Judicial Branch • The North Carolina Judicial Branch interprets state laws and executive orders. NC has two kinds of trial courts • 1. Superior Court- handle civil cases more than $10,000 and felonies 2. District Court – juvenile law, divorce and other family law, mental hospital commitments, traffic violations civil cases, or disputes involving less than $10,000, misdemeanors (minor crimes)

20. NC JUDICIAL BRANCH • TYPES OF COURTS SUPREME COURT NC COURT OF APPEALS SUPERIOR COURT DISTRICT COURTS

21. JUDICIAL BRANCH NC • SUPREME COURT • 1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS • 1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES

22. North Carolina Supreme Court • The highest court in NC • NC Supreme Court reviews cases appealed from the NC Appeals Court, if there is new evidence, unfair trial, or due process not followed. • 1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES • There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.

23. JUDICIAL BRANCH • COURT OF APPEALS • 15 JUDGES – PANELS OF 3 THAT CIRCULATES • 8 YEAR TERMS • HEARS APPEALS FROM ALL DISTRICT COURTS • HEARS ALL APPEALS FROM SUPERIOR BUT 1ST DEGREE MURDERERS WITH DEATH PENALTY • APPEALS FROM AGENCIES

24. North Carolina Appellate Courts • A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial. • Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.

25. JUDICIAL BRANCH • SUPERIOR COURTS • 8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT • 8 YEAR TERMS • HEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORS • CIVIL CASES OVER $10,000 • FELONIES

26. NC General Trials Courts • Superior Court: cases involving serious crimes (felonies) or civil cases involving more than $10,000. • There will be a jury of your peers to decide the case. • The judge keeps order, sentences the defendant if guilty, and can overturn a verdict reached by the jury if he or she feels the jury has not been impartial.

27. JUDICIAL • DISTRICT COURTS • 39 DISTRICTS • AT LEAST 1 JUDGE/ DISTRICT • HAS A JURY TRIAL • HEARS MISDEMEANORS • CIVIL CASES UNDER $10,000 • DOMESTIC RELATIONS CASES • FAMILY COURT, JUVENILE 16 & UNDER

28. NC General Trials Courts (con) District Courts • criminal district court-misdemeanors • civil cases involving less than 10,000 • juvenile court • magisterial -traffic tickets, fines, etc • There is no jury for district courts only a judge.

29. Landmark Court Decisionspg 392 Bayard v. Singleton State v. Mann The Leandro Case