Bell StarterBell StarterKey TermsKey Terms

Circuit Jurisdiction Exclusive jurisdiction Concurrent jurisdiction District court Original jurisdiction Appellate jurisdiction Remand Judicial review Opinion Judiciary Act of 1789 Equal justice under law Miranda v. Arizona Engel v. Vital Magistrates Federal courts

Circuit Jurisdiction Exclusive jurisdiction Concurrent jurisdiction District court Original jurisdiction Appellate jurisdiction Remand Judicial review Opinion Judiciary Act of 1789 Equal justice under law Miranda v. Arizona Engel v. Vital Magistrates Federal courts

Key TermsKey Terms Appeals courts Docket Majority opinion Unanimous opinion Concurring opinion Dissenting opinion Stare decisis Constitutional Precedent Brief U.S. attorneys Sandra Day O’Connor Thurgood Marshall District Civil case Appellate

Appeals courts Docket Majority opinion Unanimous opinion Concurring opinion Dissenting opinion Stare decisis Constitutional Precedent Brief U.S. attorneys Sandra Day O’Connor Thurgood Marshall District Civil case Appellate

The Federal Court System

The Federal Court System

ReviewThree levels

District, Appeals, Supreme

ReviewThree levels

District, Appeals, Supreme

THE ESTABLISHMENT OF FEDERAL COURTS

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

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

FEDERAL COURT EXCLUSIVE JURISDICTION

FEDERAL COURT EXCLUSIVE JURISDICTION

• JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE– 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

• JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE– 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

OTHER FORMS OF JURISDICTION

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)

• 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)

U.S. District CourtsU.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

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

U.S. Courts of AppealsU.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

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

U.S. Court of Appeals (con’t)

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)

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)

Federal Court Officials 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

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

Supreme Court: Jurisdiction

Supreme Court: Jurisdiction

Supreme Court has original jurisdiction in 2 instances1. cases involving diplomats from foreign countries2. cases in which a state is

involved

Supreme Court has original jurisdiction in 2 instances1. cases involving diplomats from foreign countries2. cases in which a state is

involved

Justices of the Supreme Court

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

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

Selection of JusticesSelection 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)

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)

Supreme Court PowersSupreme 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

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

Powers of the CourtPowers 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

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

Supreme Court Case Docket

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)

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)

Interpreting the Constitution

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

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

Deciding what cases to hear

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

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

Steps in Court’s DecisionActivity

Steps in Court’s DecisionActivity

1. Written Arguments: Lawyer prepares briefs

2. A3. A4. Justices ask questions of the

lawyers5. A6. A7. a8. Copies printed and opinions

posted on the web

1. Written Arguments: Lawyer prepares briefs

2. A3. A4. Justices ask questions of the

lawyers5. A6. A7. a8. Copies printed and opinions

posted on the web

AnswersAnswers 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.

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.

NC Judicial BranchNC 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 felonies2. 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)

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 felonies2. 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)

NC JUDICIAL BRANCHNC JUDICIAL BRANCH

TYPES OF COURTS TYPES OF COURTS

•SUPREME COURT NC•COURT OF APPEALS•SUPERIOR COURT•DISTRICT COURTS

•SUPREME COURT NC•COURT OF APPEALS•SUPERIOR COURT•DISTRICT COURTS

JUDICIAL BRANCH NCJUDICIAL BRANCH NC SUPREME

COURT SUPREME

COURT 1 CHIEF JUSTICE & 6

ASSOCIATE JUSTICES 8 YEAR TERMS 1ST DEGREE MURDER,

APPEALS, REQUEST FROM STATE IN CRIMINAL CASES

1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS 1ST DEGREE MURDER,

APPEALS, REQUEST FROM STATE IN CRIMINAL CASES

North Carolina Supreme Court

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.

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.

JUDICIAL BRANCHJUDICIAL BRANCH COURT

OF APPEALS

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

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

North Carolina Appellate Courts

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.

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.

JUDICIAL BRANCHJUDICIAL BRANCH SUPERIOR

COURTS 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

8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT

8 YEAR TERMS HEAR NEW JURY TRIALS FOR

CONVICTED MISDEMEANORS CIVIL CASES OVER $10,000 FELONIES

NC General Trials CourtsNC 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.

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.

JUDICIALJUDICIAL DISTRICT

COURTS 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

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

NC General Trials Courts (con)

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.

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.

Landmark Court Decisions

pg 392

Landmark Court Decisions

pg 392

Bayard v. SingletonState v. Mann

The Leandro Case

Bayard v. SingletonState v. Mann

The Leandro Case