Federal vs. State/local crimesFederal

1. Mail fraud2. Kidnapping

across state lines

3. Auto theft across state lines

4. Possessing prescription drugs w/o a prescription

5. Bank robbery

State/Local1. Murder2. Driving under

the Influence (DUI)

3. Rape4. Illegal drug

use/possession (shared w/federal)

The Federal Courts use the law to settle disputes and determine the innocence or guilt of someone accused of a crimeCriminal: A law has been broken,

usually results in PUNISHMENT if guilty (fine, prison)

Civil: One person has caused damage to another, resulting in a PENALTY if found guilty ($ fines)

Role of the Federal Courts

The goal of the Federal Court system is to treat every person the same in the eyes of the law• Rights to fair & speedy trial, due process,

etc…

• People are presumed to be innocent until proven guilty• May appeal rulings that they feel were

unjust

• Equal treatment has not always been the case for some groups of people

Equal Treatment

Federal Court Basics

Congress has the authority to create all Federal Courts below the Supreme Court

Jurisdiction: Who has the authority to hear a case?

Does it go to a Federal Court or a state court?

Federal Court Basics

The Federal Courts have jurisdiction if:

1. If there is a Constitutional issue involved (ex: Free speech)

2. Someone is accused of violating Federal Law

3. Crimes or lawsuits that arise on/related to U.S controlled bodies of water

4. Somebody from one state sues someone from another State

5. Disputes between two or more States6. The Federal Government is a party in

the lawsuit

Types of Jurisdiction1. Exclusive Jurisdiction: A case that can

ONLY be heard in one Court (Usually describes Federal Court)

2. Concurrent Jurisdiction: Can be heard in either a State or Federal Court

• Civil cases involving residents of different states

3. Original Jurisdiction: The court that gets to hear a case first

4. Appellate Jurisdiction: A court gets to hear a case only if it has been appealed from another lower court

Partner Questions

Define jurisdiction. Then explain the difference between exclusive and concurrent jurisdiction.

What is meant by the words that are inscribed on the United States Supreme Court building: “Equal Justice Under Law.”

Step 1: Federal District Courts

Created by Congress in 1789 to ease workload on Supreme Court

Federal District Courts have ORIGINAL JURISDICTION in most Federal cases

1st Court to hear most Federal cases U.S. & territories broken into 94

districts, each district has judges to hear cases

At least 1 district per state, some more

Step 1: Federal District Courts (Cont)

Facts: Hear criminal (bank

robbery, etc…) and civil cases (federal lawsuits)

Main trial courts in Federal system (hear more than 300,000

cases per year) One judge normally hears

a case, decided by a jury

Step 2: Federal Court of Appeals Created by Congress in 1891 to

ease workload on Supreme Court Hear cases that have been appealed

from district courts (appellate jurisdiction ONLY)

U.S. broken down into 12 smaller groups called Circuits

Each circuit has a “Federal Circuit Court of Appeals”

Step 2: Federal Court of Appeals (Cont)

FACTS: Most cases decided by a panel

of 3 judges Can ONLY hear a case if it is

appealed Making a decision

Courts of Appeals do not hold trials, instead Either uphold ruling of the lower court Overturn lower court ruling

Step 2: Federal Court of Appeals (Cont)

Announcing decisions One judge writes the

official opinion of the court Written explanation of the

Court’s decision These opinions set

Precedent, a standard that can be used to rule on future cases over a similar topic

Partner QuestionsHow did the federal court

system develop?Why do you think federal

courts rule on disputes between states? What would be an example of such a case?

Structure of Federal Courts

Using your notes and structure of federal courts handout, explain the three levels of the Judicial Branch and how the Judicial Branch has grown over time.

Write your answer on a separate sheet of paper. It should be at least two paragraphs.

Selecting Judges President allowed to name Federal

judges with consent of the Senate President usually looks for judges who

have similar beliefs from same party Senatorial Courtesy is often followed

for district court judges Senators from the candidate’s state are

asked their thoughts If they disapprove, a new candidate is

chosen

Other Court Officials Magistrate judges: Take care of

routine work Issue warrants, preliminary hearings, bail

U.S. Attorney: Government lawyers Prosecute those charged w/Federal crimes Investigate complaints

U.S. Marshal: Serve subpoenas, take the convicted to prison

The Supreme CourtHighest Court in the U.SJurisdiction: Original jurisdiction over

cases involving diplomats in foreign countries & in disputes between states

All other cases, the Supreme Court has appellate jurisdiction (only hears appeals)

Supreme Court does not hear all cases it receives

Decisions of the Court are final

The Supreme Court

Organization of the Court: Chief Justice of the Supreme Court & 8

Associate Justices

Selection: President nominates w/Senate approval

Often choose candidates that they believe will be approved by Senate

Background of Justices: Justices are former lawyers & judges 1st African American justice 1967, 1st female

1981

The Supreme CourtPowers of the Court: Judicial Review: The court can

review any Federal, State, Local law before it to decide if it is allowed by the Constitution

Sets aside those that are in violation

Marbury v. Madison case: Court case that established the power of

judicial review

2014 Voters’ GuideIdentify two elections that are

related or connected to the Judicial Branch.

Explain how the two elections are related or connected to the Judicial Branch.

Everyone from now on stays until the end of class.

The Supreme Court

Limits on the Supreme Court: Court can rule on an issue,

but depends on Executive & Legislative to follow rulings

Court can only rule on cases brought before it (actual legal disputes)

The Supreme Court

How cases reach the Supreme Court: The 9 justices look at the possible

cases, & if 4 approve, they will hear the case (rule of 4)

Docket: official calendar/schedule of cases for the Court to hear

(2006) 8,900 cases appealed to the S.C.

67 hearings & full opinions, only decided a few hundred cases total

The Supreme CourtDeciding Cases:

Written Arguments: After accepting a case, lawyers from each side submit briefs, or written explanation of that side of the case

Oral Arguments: Lawyers from each side present their case to the Supreme court

30 minutes per side, justices can ask tough questions

Conference

On Fridays the justices get together to make their decision on the case

Meetings are held in secret.A majority (5 votes) decide a case.At least 6 justices need to be

present to vote on a case.

The Supreme Court

Deciding Cases: Opinion Writing: Court issues a

ruling Majority Opinion: Official ruling of

the court, explains the ruling and how they came to that decision

Concurrent Opinion: Written by a justice who agrees with the majority opinion, but has slightly different reasons

Dissenting Opinion: Justices who disagree with the majority can write why they disagree

Reasons for decisions

LawPrecedentsSocial AtmosphereJustices’ own legal and personal views