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Judicial Branch:. The Federal Court System. About our Courts. Dual Court System State Courts Deal with state and local issues Federal Courts Hear cases dealing with an array of different FEDERAL issues Confusing? People commit crimes that break both Federal and State laws - PowerPoint PPT Presentation
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The Federal Court System
Dual Court System◦ State Courts
Deal with state and local issues
◦ Federal Courts Hear cases dealing with an array of different
FEDERAL issues
◦ Confusing? People commit crimes that break both Federal and State laws Rodney King Beating – Broke state and federal laws
Officers acquitted by the state – 2 were found guilty Federal
District Courts – Lowest level on the triangle◦ 94 Scatter across the country◦ 80% of the federal caseload (300,000 a year)◦ 1st to hear most federal cases◦ Number of judges for each court◦ Runs like most courts you see on TV – judge, jury
witnesses
Cases they hear FIRST◦ Federal Crimes, Bankruptcy, Maritime disputes
and Civil suit between 2 or more people from separate states concerning $50,000.00 or more
PA – 3 District Regions◦ http://www.pawd.uscourts.gov/Pages/district.htm◦ http://www.paed.uscourts.gov/index.htm◦ http://www.pamd.uscourts.gov/default.htm
13 Appellate Courts◦ 12 courts cover specific regions◦ 1 covers special issues
No jury, no witnesses and no evidence Panel of judges
◦ Make sure lower court proceedings were done correctly Reverse lower court Affirm lower court
Washington D.C. Highest Court in the land Final court of appeals 2001 – 9176 cases were brought to S.C. – Only
88 were heard Cases of Original Jurisdiction – 1st to hear
◦ Treaties◦ People vs. State◦ US vs. State ◦ State or Federal law is unconstitutional◦ 2 states are in a dispute ◦ Foreign ambassadors or diplomats
Federal Judges – District and Circuit Courts Justices – 9 total – Supreme Court
◦ $190,000 - $200,000 a year
No specific qualifications – age, or schooling◦ Usually former federal judges
President appoints all of the judges and justices ◦ Approved by the Senate
Serve for LIFE!
Civil Court◦ Settle
Disagreements Divorce Broken Contracts Property Damage
◦ Result = Money◦ Players
Plaintiff – brings a complaint forward
Defendant
Criminal Courts◦ Decide whether a
law was broken◦ Result = Fine,
prison, probation, community service
◦ Players Prosecution – brings
forth the criminal charges “The people”
Defendant
Get your case to the Supreme Court◦ Appeal it from lower courts◦ Original Jurisdiction cases
State vs. Citizen US vs. State
◦ Usually only hear cases that involve controversial issues
Decisions◦ Let lower court decision stand◦ Writ of Cert
Court decides to hear the case
Study Briefs◦ 100’s of pages – document evidence, testimony
and lower court rulings Hear arguments
◦ 2 Lawyers – one representing each side◦ 30 minutes – Plead your case
Discuss case in private Take a vote – privately Release their rulings to the public
◦ Opinions
Majority Opinion◦ Winning opinion
Concurring Opinion◦ Agreed with the majority but for other reasons
Dissenting Opinion◦ Losing Opinion
Precedents – influence the lower court rulings◦ A Supreme Court ruling is as powerful as a law
Judicial Review – Ability to rule on whether laws – state or federal – and other actions by government officials are constitutional
◦ they have defined what free speech means and what our other rights “really” are
Debate◦ Judicial Restraint – laws are to be created by
Congress and the president, not the Supreme Court Roe v Wade – No federal law allowing abortion but we
know the highest court said it was a women’s right◦ Judicial Activism – Take active role in policy
making through the courts So what should the courts do???
◦ Be Active or let Congress and the President decide◦ Same sex marriage◦ What is torture?
Flag Burning Student Rights
◦ Free speech and expression Civil Rights
◦ Segregation – School, and public transportation Soon
◦ Hand guns◦ Death penalty
Often cases that go to the Supreme Court are issues that involve people claiming they both had rights◦ Drive in showing nudity and the neighbor that
complained◦ Young girl under the age 18 raped and killed –
news station releases name
◦ The human cannonball and the news station
◦ The newspaper that was sued for not offering equal coverage for candidates
Why did your case go to the Supreme Court?◦ Which case did the Supreme Court have original
jurisdiction over?
Are these cases criminal or civil court cases◦ Remedy
Who is the plaintiff in each case?
Can a case be won by the plaintiff in a district court, lost in the appellate court and then won in the Supreme Court?
Edwards v Aguillard - 1987◦ Louisiana - Balanced Treatment = Evolution +
Creation in the classroom◦ Establishment Clause of the 1st Amendment –
Government cannot advance or deny religious beliefs
◦ Lower Courts – Louisiana was promoting religion◦ Supreme Court – 7/2 promoted religious
indoctrination Dissenting – Students will not become religious…
They should have the opportunity to learn all sides
Kitzmiller v Dover Area S.D. – 2005◦ Did they forget the Edwards case???◦ No, they just changed the wording
Edwards – Creation Dover – Inteligent Design
◦ District Court – Middle District of PA http://www.pawd.uscourts.gov/Pages/district.htm
◦ Parents sued the School – School Board had required religion be part of curriculum
◦ Teachers refused ◦ School board members in favor were NOT re-elected◦ Ruled in favor of the parents
How much control do students have over the school newspaper?
Pregnant students story is removed and a story about students who had divorced parents
Students get mad Rulings
◦ http://www.landmarkcases.org/hazelwood/diagram.html
Supreme Court rules in favor of the school◦ Dissenting – newspaper is a forum for expression
St. Louis paper runs story for the kids
Oregon passes Death with Dignity Act◦ Physician assisted suicide
Terminal illness – 6 months Another doctor confirms illness Mental evaluation 2 witnesses Wait 15 days and request again
Control Substance Act 1970◦ Federal government has authority over drugs –
both legal and illegal◦ Federal government can regulate the way doctors
prescribe drugs
Government did not try to make this a moral issue
Argued that the use of the specific drugs by physicians was not a valid
Lower Courts ruled in favor of Oregon
Supreme Court◦ The drugs they wanted to use were legal ◦ It is not the federal government’s place to decide
what states want to do with them!
http://video.google.com/videoplay?docid=8536008651248732897&q=william+rodriguez&total=88&start=0&num=10&so=0&type=search&plindex=5