Embed Size (px)
Citation preview
The Federal Court System• The judicial branch
consists of the court system, including the U.S. Supreme Court.
• They interpret laws.
• Article III of the Constitution deals w/ the JB. It est. a Supreme Court, as well as lower federal courts
• Our federal court system works along side the 50 state court systems.
• There are 3 levels:– 1. District courts– 2. Appeals courts
(also called Appellate courts)
– 3. Supreme Court
• Jurisdiction is a court’s authority to hear & decide cases.
• Federal Courts Jurisdiction:– Federal Courts only hear
cases dealing w/ the following:
• 1. The Constitution• 2. Violations of federal
laws - ex. tax evasion, kidnapping, bank robbery
• 3. Maritime laws – crimes & accidents that happen at sea
• 4. Disputes in which the U.S. gov’t is involved
• 5. Controversies b/w states• 6. Controversies b/w
citizens of different states• 7. Disputes involving
foreign gov’ts• 8. Involving U.S. Diplomats
• District courts – federal courts where trials are held & lawsuits are begun. This is the lowest level of fed. court.
• DC are the only federal courts where jury trials take place, & they are the only fed. courts in which witnesses testify.
• Cases are most often heard in the state where the crime was committed.
• They hear criminal & civil cases.
- Each state has at least 1 district. AL has 3:– 1. Southern District – Mobile &
Selma– 2. Middle District–
Montgomery, Dothan, & Opelika
– 3. Northern District– B’ham, Anniston, Decatur, Florence, Gadsden, H’ville, & Tuscaloosa
• District courts have original jurisdiction, which is the authority to hear cases for the first time.
• The U.S. courts of appeals are above the district courts. They’re also called appellate courts or circuit courts of appeal.
• They have appellate jurisdiction, which means they only hear cases that come on appeal from district courts.
• Appeals courts do not have juries nor hold trials. Instead, they decide an appeal in 1 of 3 ways.
• 1. uphold the original decision
• 2. reverse the decision• 3. remand the case
• There are 12 U.S. courts of appeals, & each covers a large area called a circuit. Also, a 13th appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction, but they hear special cases.
• AL is in Circuit 11, which includes GA, FL, & AL. The courthouse is located at 56 Forsyth St. N.W. Atlanta, GA.
Map
• They are appointed by the Pres. & approved by the Senate, & they are appointed for LIFE. This protects them from political pressure to make rulings favoring anyone in power. Only impeachment, retirement, or death can remove them from their positions.
• The Constitution doesn’t list qualifications for the federal judges. However, a president will appoint judges who share his/her ideas about politics & justice, including ones who belong to his/her political party.
Court Officials
• Judges have help from secretaries, clerks, court reporters, probation officers, etc.
• Each dis. court has magistrate judges. They issue court orders, hear preliminary evidence in a case, determine if a case should be brought to trial, & bail issues.
• Each fed. judicial district has a U.S. marshal. They make arrests, collect fines, take convicted criminals to prison, protect jurors, serve legal papers, etc.
Attorney Generals
• The AG prosecutes people accused of breaking federal laws & is head of the Dept. of Justice.
• Eric Holder was the US Secretary of State, but he recently resigned.
• Obama has recommended Lorretta Lynch for the position, & she is awaiting approval from the Senate.
• Luther Strange is the Attorney General of Alabama. He is over the entire state.
The SupremeCourt
• The SC is the highest court in the land, & it carefully chooses the few cases it hears.
• It has appellate jurisdiction, & original in 2 instances: 1. if the case involves diplomats from foreign countries 2. if the case involves a state.
• Once it hears a case, the judges, who are called justices, issue a written explanation for the decision.
• The SC has judicial review, which means they can review any federal or state law to see if it is in agreement w/ the Const.
• The SC has a panel of 8 Associate Justices & 1 Chief Justice. The current CJ is John G. Roberts, & he was appointed by GW Bush in Sept. 2005.
• John Jay was the 1st Chief Justice, appointed in 1789.• Sandra Day O’Conner was the 1st female Justice, & she was
appointed by Pres. Reagan in 1981.• The 1st African-American was Thurgood Marshall, & he was
appointed in 1967.• The Const. doesn’t specify qualifications for the justices, but all
have been lawyers.
Deciding Cases in the Supreme Court
• The SC meets each year from Oct. – June or July.
• The SC will meet to vote on which cases to hear. They will hear a case if 4 out of the 9 justices agree to do so. Then, the cases go on a docket (court calendar).
• A few famous cases are 1. Plessy v. Ferguson 2. Brown v. BOE Topeka, KS 3. Marbury v. Madison
4. Roe v. Wade
Jury Duty
• People w/ clean records are selected for jury duty. They are interviewed & asked about themselves. Then, they fill out a questionnaire. 12 people are selected.
• The jurors pay close attention to the testimony during a trial & must keep an open mind. They can’t talk to anyone who isn’t on the jury. They elect a foreperson for the group.
• It is a civic responsibility to serve jd & should be taken seriously.
• There are two types of juries.
1. Grand jury – decide if there’s probable cause to indict (accuse) someone on criminal charges based on evidence.
- 23 individuals are involved
2. Trial juries (Petit Jury) – participate in criminal & civil trials
- consists of 6-12 jurors
(1) A person who is not a citizen of the United States;(2) A person who is less than 18 years of age;(3) A person who has not resided in the Northern District of Alabama for a period of one
year;(4) A person who is unable to read, write and understand the English language with a
degree of proficiency sufficient to satisfactorily fill out the juror qualification questionnaire form;
(5) A person who is unable to speak the English language;
(6) A person who is incapable of rendering satisfactory jury service by reason of mental or physical infirmity;
(7) A person who has a charge pending against him or her in a state or federal court of record for the commission of a crime punishable by imprisonment for more than one year;
(8) A person who has been convicted in a state or federal court of record of a crime punishable by imprisonment for more than one year and his or her civil rights have not been restored.
Qualifications for Jury Service -
The following persons shall be disqualified for jury service pursuant to 28 U.S.C. 1865(b):Alabama Jury:The following persons shall be disqualified for jury service pursuant to 28 U.S.C. 1865(b):
