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The federal Court System

The federal Court System. Jobs of the Court. 1.Civil Disputes -Court settle disputes (arguments). The court uses the law to make a decision Cases deal with Money or taking away rights Example-Roommate did not pay rent you want $$$.

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The federal Court System

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  1. The federal Court System Jobs of the Court

  2. 1.Civil Disputes -Court settle disputes (arguments) • The court uses the law to make a decision • Cases deal with Money or taking away rights • Example-Roommate did not pay rent you want $$$

  3. 2.Criminal cases- cases people are accused of breaking the law • Lawyers show evidence and Jury makes decision • Example- Stealing, Murder…

  4. 3.Accused people right to trial, lawyer • Can’t afford a lawyer court will give them one • Goal of courts is Equality under law

  5. Federal Court system Article III of the Constitution • Supreme Court highest court • congress make lower courts

  6. Three levels of Courts • 1.Lower district court- trial first • 2.appeals court middle- fight guilty decision I lower court • 3. Supreme Court • States have own courts

  7. Jurisdiction- which court has power over the case 1.law broken applies to US Constitution > Fed Court • example- A person is not allowed to speak at a rally sues for taking freedom of speech. 2 Cases involving Fed laws> Fed court • example- Somebody printing Fake money 3 Disagreement between state governments>Fed Court • example- Nevada sues California

  8. 4 Lawsuits citizens of different states > Fed Court • example- person from Texas sues a person from California over fake EBAY purchase 5 Someone sues US gov or US gov sues someone > Fed Court • example- Gov sued a company because they didn’t build jets the gov payed for. 6 Foreign governments between Us citizen or US government • example- A broken treaty

  9. 7 Accidents or crimes on oceans> Fed Court • example- Murder by an American on an American cruise line 8 Cases involving US diplomat> Fed Court • example- worker at the Mexican embassy is charged with murder.

  10. 2 Types of Jurisdiction • Exclusive- one court has power over case • Concurrent Jurisdiction- State and Fed Courts share power and control

  11. The Organization of Federal Courts • There are three levels of Federal Courts

  12. I. US District Courts (lowest level of courts) • -District courts are where trial (criminal) and Lawsuits (civil) start • -Each state has minimum 1 district court • -District courts have original jurisdiction (hear the case first time) • -Hear both civil and Criminal cases • -Only court that involve witnesses & juries

  13. II. US Courts of Appeals • -Lose in district court appeal next level • (Once proven innocent there is no appeal) • -Appeals court- jurisdiction to review decision of lower court • -There are 12 US courts of Appeals covers an area on US map (circuits)

  14. Trial Judges review cases and listen to lawyers do not decide guilt or innocence • -Decide if original trial was fair and protected rights • -Uphold original decision • -Reverse the original decision • -Remand the case- send it back to a lower court • -Most cases end at appeals court some make it to the Supreme Court

  15. III Supreme Court Cover later

  16. Federal Judges • -Each district has minimum 2 judges • -Each Appeals court has 6-27 judges • -Supreme Court has 9 Justices

  17. President appoints judges- senate approves them • -Judges serve for Life • -Judges can be impeached and removed

  18. Job of Judge • -Hear preliminary evidence • -Determine whether case goes to trial • -Decides if accused jailed or released on bail

  19. US Attorneys- government lawyer prosecutes people accused -Defend the government when they are being sued

  20. US Marshals-(US Police) • -Collect evidence/ arrest people/ take the convicted to prison/ protect witnesses

  21. THE US SUPREME COURT

  22. I. The Supreme Court Justices • -Main job us Sup Court decide whether laws are Constitutional -allowed by constitution • Cases arrive to Supreme Court from appeal Court • -Cases involving State & Foreign Diplomats straight to Sup Crt • -Sup Crt chooses what cases to listen too • -Decision of Crt is Final

  23. The justices • -There are 8 justices and 1 Chief Justice • -Give a written explanation of all decision • -Each judge gets 1 vote of decision • -President chooses Justice, senate approves • -To be chosen-Lawyer, Great career, agree ideas of President

  24. II Powers of the Court • -Legislative (congress ) and Executive (president ) branches must follow court decision • -Court has Judicial Review-Power to say if law or Gov actions are constitutional

  25. 3 principals of Judicial Review • 1.constitution supreme Law • 2.IF law goes against Constitution, constitution wins • 3.Judicial Branch duty support Constitution

  26. Judicial review controls power of Executive and Legislative Branch (Example Prop 187 passed in CA 1994) • -Law Stated NO illegal immigrant can get- Education or Healthcare by gov • -Supreme court said law was unconstitutional-Gov can not deny education or healthcare to anybody

  27. III Limits on the Courts Power • Supreme court cannot enforce laws • Executive Branch, States, Local Gov enforce laws with- military, state police, city police • Congress can make new laws that change constitution • -Congress can vote to impeach a Justice • -Laws must be challenged in lower District courts before Supreme Court can decide it’s unconstitutional.

  28. Deciding Cases at the Supreme Court • I. How Cases Reach the Court. • -Court runs from October – July • -Each month’s justices listen cases for 2 weeks& 2 weeks writing opinions • -Supreme courts gets cases from Appeals court • -7000 cases apply to be heard by Supreme Court per year

  29. -Justices agree to hear less than 200 • - 4 of nine justices must agree to hear cases • -Choose cases involving constitutional issues • -All accepted cases are put on docket- calendar

  30. II. Steps in Decision Making The 5 steps • 1.    Lawyer make written explanation of their side-Brief • 2.    Each sides lawyers gets 30 minutes to talk about their case • 3.Court makes a decision (1 vote per justice) One justice writes a majority opinion- why they made the decision

  31. 4.  Those who disagree with majority- write dissenting opinion- why they disagree with other justices 5. Court announces the decision- gives copies to news, post on website IF ALL JUSTICES AGREE-UNANIMOUSE DECISION

  32. III. Reasons for court Decision • 1.    Law is most important influence on decision • 2.    Justices consider what Constitution says • a.     Look back at older decision • 3.    Laws must be flexible to change with times • 1800’s segregation based on color was legal- today that is illegal.

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