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The Judicial Branch

CH 18.1. The Judicial Branch. Principles of the Legal System. Equal justice under the law. Due Process of Law - Law is applied in a fair way. Substantive - Constitution requires law to be reasonable

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The Judicial Branch

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  1. CH 18.1 The Judicial Branch

  2. Principles of the Legal System • Equal justice under the law • Due Process of Law - Law is applied in a fair way • Substantive- Constitution requires law to be reasonable • Procedural- Constitution requires authorities to avoid violating a person’s basic freedoms when enforcing the law

  3. Principles of the Legal System • Adversary System • 2 sides with lawyers trying to present the strongest case for their client • Presumption of Innocence • Burden of proof is on the prosecution

  4. A Dual System of Courts STATE COURT SYSTEM FEDERAL COURT SYSTEM US Supreme Court State Supreme Court US Courts of Appeals 12 Regional Courts of Appeal 1 US Court of Appeals for the Federal Circuit State Courts of Appeals Trial Courts US District Courts Court of International Trade Federal Claims Courts State District Courts (State laws- one for each county) Military & Specialty Courts Municipal (city) Courts

  5. Jurisdiction • Jurisdiction- the authority of a court to hear and decide a case • Which court hears a particular case depends on two factors • Who is involved • What (subject matter) is involved

  6. A Dual System of Courts STATE COURT SYSTEM FEDERAL COURT SYSTEM • Powers derived from state constitutions and state laws • Jurisdiction over cases involving: • Powers derived from the Constitution and federal law • Jurisdiction over cases involving: • The interpretation of the Constitution • Any federal law or treaty • Admiralty or maritime law • Certain People: Ex- US Government, Foreign citizens, citizens of multiple states, etc. • state laws

  7. More Jurisdiction • Exclusive v. Concurrent Jurisdiction • Exclusive jurisdiction- cases that may only be heard in federal courts • Concurrent jurisdiction- in cases where state and federal jurisdiction overlap. • Plaintiff may choose to take the case to state OR federal court if the defendant insists, the case may be moved to federal court.

  8. More Jurisdiction • Original v. Appellate Jurisdiction • Original jurisdiction- held by the court in which a case is first heard • Appellate jurisdiction- held by the court hearing a case on appeal from a lower court

  9. Types of Federal Law Civil Law • Concerns disputes between two or more individuals or between individuals and the government • Plaintiff, the party who initiates the suit, vs. Defendant, party who must defend against the complaint • Equity law- disputes settled on the grounds of fairness • Possible Outcomes • Injunction- order someone to stop something • Writ of Mandamus- order a person to do something (Ex: make restitution)

  10. Criminal Law • Cases where the US government charges someone with breaking a federal law • Government acts as the prosecution • Most criminal cases involve state laws and are therefore tried in state courts • Constitutional Law • Cases relating to the meaning or interpretation of the US Constitution • Decide the limits of government or rights of individuals

  11. Federal Judges Nominated by the President and confirmed by the Senate Usually from the President’s party and share his philosophy of government. Most are appointed for life and may only be removed through impeachment Congress sets their salary and benefits

  12. Court Officers Those who assist the district Judge Ex: • Clerks • Bailiffs • Stenographers • Magistrates • Bankruptcy judges • US attorneys • Federal Marshals

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