THE JUDICIAL BRANCH

JURISDICTION

Types of Jurisdiction

1. Original – Right to hear a case for the first time.

a. Federal

b. State

c. Local

2. Appellate – right to hear a case on appeal; law has been applied unfairly or incorrectly.

3. Exclusive – assigned by the Constitution; only federal courts can hear; includes cases involving national laws, the federal government or other governments (State or foreign)

4. Concurrent – cases that can be decided in state or federal courts

THE AMERICAN LEGAL SYSTEM

Sources of Law1. Constitution of the United States 2. Statutuory laws – (statutes) law that are

written by state legislatures and other lawmaking bodies

3. Common Law – origin of stare decisis; past ruling that are used to make decisions

Branches of Law (Ciminal and Civil)

1. Public Law – concerns the relationship between the government and citizens

a. Criminal Law

b. Constitutional Law

c. Administrative Law – rules and regs of government agencies

d. International Law – rules that guide relations with other countries

2. Private law – deals with disputes between individuals, businesses or other organizations

a. Contracts

b. Property

c. Torts (wrongful act that injures a person or someone’s property)

d. Domestic Relations

3. Federal District Courts

a. federal trial courts; currently 94 courts

b. at least one per state plus D.C. and Puerto Rico

c. 2 judges per court

d. have original jurisdiction

e. hear 80% of federal cases a year (about 300,000)

4. Court of Appeals

a. set in 12 districts or circuits; usually 3 judge panels

b. hear appeals from district courts

c. set up to lessen work load of Supreme Court

d. have appellate jurisdiction

e. does not always mean a trial

f. about 400,000 cases per year

5. Supreme Court

a. court of last resort, most appeals come from the court of Appeals

b. currently 8 associate justices and one chief justice

c. judicial review – declare act unconstitutional

d. about 6,000 cases apply each year, only about 100 get full decision

6. Other federal courts

Territorial Courts

set up like a federal district court in U.S. Territory

D.C. Court

handles all cases for the nation’s capital

Court of International Trade

civil cases (involve money or property) foreign business dealing covered here

U.S. Claims Court

public officials can be sued here

Government can be sued in some cases approved by Congress

U.S. Tax Court

disputes between taxpayers and the IRS

Court of Military Appeals

trials of service persons

Court of Appeals for Federal Circuit

Nationwide jurisdiction

civil cases mostly

patents, trademarks, copyrights

Process to the Supreme Court

1. Federal Indictment

2. Federal Grand Jury Hearing

3. True bill of Indictment

4. Trial in Federal District Court

5. Verdict by Trial (Petit) Jury

6. Appeal to Courts of Appeals (Circuit Courts)

7. 3 Panel Court decides to uphold or overturn the verdict

8. Appeal to United States Supreme Court

To hear a case before Supreme Court

1. Submit Appeal – In most cases lawyers write an appeal for the court to issues a writ of certiorari. (Forces lower courts to send document from the case to be reviewed)

2. Appeal Granted – (Rule of Four) 4 of 9 justices agree to put case on the docket (schedule)

3. Submit Brief – merit Briefs are written legal arguments by lawyers to support one side of a case. *Amicus Curaie Briefs – friend of the court (interest groups file)

4. Oral Arguments – the lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limed to 7 sitting at 30 minutes for each side. (Two weeks long)

5. Conference – Justices discuss and vote on cases. (Wednesday mornings and Friday)

6. Write opinions – after voting on the case, each just may write their opinions.

7. The Decision is Final

Making Decisions

Judicial Restraint – the Court limits itself to matter of law and justice as they are brought before them.

Judicial activism – the Court does not refrain from making policy with its decisions

Write opinions -

majority – decision of the court

concurring – agrees with the decision but wants to explain why

dissenting – disagrees and wants to explain why

Precedents – decisions of the Court become the standard or rule for future cases

Supreme Court Justices

President appoints; Senate approves

Their term is for Life

Impeached like any other office

Currently they make around $192,600

Pay cannot be lessened during their term

If retire after 65 and have served 15 years, they get full pay for life.

Selection Process

President consults advisors; Attorney General presents list of candidates

FBI does background check; ABA ranks candidates

Interest groups try to influence Senate vote

Senate Judiciary Committee rejects or confirms

QUESTIONS

Take out a sticky note please.

1. What officials represent the federal government in Supreme Court Cases? District Court?

2. A jury that cannot agree on a verdict is called a _____________.

3. What is plea bargaining?

4. What does a public defender do?

5. What is the difference between a felony and a misdemeanor?