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The Court System
Laws without Courts are Dead Letters-Alexander Hamilton
The Court System• Established by Article III of the Constitution• The Courts in a single sentence• Interprets the Constitution• Judicial Review-Marbury v. Madison (1803)• The highest law of the land• Separate Courts Systems-Federal and State/Local
Dual System• Federal or National Courts – Constitutional• 10th Amendment, Separate Federal and State.• State and Local Courts• Jurisdiction, sometimes dual
Structure
TheSupreme
Court
The Inferior Courts
The Constitutional Courts The Special Courts
• 94 District Courts• 12 U.S. Courts of Appeal• Court of Appeal Federal
Circuit• U.S. Court of Inter. Trade
• Territorial Courts• Courts for Washington D.C.• U.S. Tax Courts• U.S. Court of Appeals (Armed
Forces)• U.S. Court of Appeals (Veterans
Benefits)• U.S. Court of Claims
A Mid-Learn ReviewWhat amendment establishes Federalism?
a. 1st b. 10th
c. 2nd d. 9th
What court case established Judicial Review?a. Gibbons v. Ogden b. Skordos v. Nalbandianc. Marbury v. Madison d. Miranda v. Arizona
SMART Response QuestionTo set the properties right click and selectSMART Response Question Object->Properties...
SMART Response QuestionTo set the properties right click and selectSMART Response Question Object->Properties...
Jurisdiction
• Exclusive• Concurrent• Original• Appellate
-The Right of a Court to hear and decide a case
Jurisdiction
FederalJurisdictio
n
StateJurisdiction
ConcurrentJurisdiction
The Supreme Court• Established in Article III• 9 Members (1 Chief, 8 Associate) set by Congress
• Appointed by President, Confirmed by Senate. . . FOR LIFE.
• Supreme Court Building 1932
History of the Court• 1790-John Jay• 1801-John Marshall• 1836-Roger Taney• 1888-Mehlville Fuller• 1921-William Howard Taft• 1941-Harlan Stone• 1953-Earl Warren• 1969-Warren Burger• 1986-William Rehnquist• 2005-John Roberts
A Mid-Learn Review 2What court is the only with exclusive jurisdiction?a. 8th Circuit b. Supreme Courtc. Eastern Missouri d. U.S. Court of Claims
How many of the 9 justices are appointed by the president?a. 1 b. 5c. 9 d. none, they are appointed by the Senate
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SMART Response QuestionTo set the properties right click and selectSMART Response Question Object->Properties...
Supreme Court Procedures• The Calender-1st Monday in October to June or July of following year.
• Two Week Sessions-Sitting and Recess• Writ of Certiorari (Cert) 10k petitions, 100 heard (60 extra decisions without hearing)
• Briefs on Petitions• Rule of Four• Hearing Date
Case Procedures• Petition• Writ of Cert• Briefs• Oral Arguments-Questions• Conferences• Decisions-Opinions• Appeals
Opinions• Majority-rule of law• Concurrent• Minority• Dissenting
Judicial Review• Established by Marbury v. Madison
• NOT listed in Article III or anywhere else in the Constitution
• Power to declare laws and executive actions Unconstitutional
• Check on the other two branches
A Mid-Learn Review 3What Supreme Court opinion is the only which carries theweight of law?a. Majority b. Concurrentc. Minority d. Dissenting
Where in the Constitution is the powerof Judicial Review found?
a. Article I b. Article IIc. Article III d. it is NOT in the
Constitution
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