The Structure, Function, and Powers of the Judicial Branch Sorting Out the Courts The Structure, Function, and Powers of the Judicial Branch

Using the clues on the pieces, assemble the puzzles. You should have two triangles when you are finished. Piecing It Together

Puzzled Florida’s Court System Federal Court System County Courts Circuit Courts District Courts of Appeal Florida Supreme Court U.S. Supreme Court United States Courts of Appeals United States District Courts Florida’s Court System Federal Court System

The Role of the Judicial Branch

What are the roles of the three branches of government? LEGISLATIVE BRANCH Makes the law EXECUTIVE BRANCH Enforces the law JUDICIAL BRANCH Interprets and applies the law Discuss the roles and distinguishing characteristics of the three branches of government. What do they do and how are they different?

The Role of the Judicial Branch (Courts) The Constitution outlines our rights… …and the courts protect our rights. The courts also: Review laws Explain laws Resolve disputes Decide if a law challenged in the courts conflicts with the Constitution

The Role of Judges and Justices Judges and Justices interpret and apply the law Decisions have to be based on facts & law. Constitution Statutes Legal reasoning Precedent: prior cases Higher court decisions And more Judges are found in trial courts and in the lower appellate courts. Justices are found in the Florida Supreme Court and U.S. Supreme Court.

Comparing State and Federal Courts Two Court Systems

Two Court Systems: Federal and State The judicial branch is divided into two parallel court systems: federal courts and state courts. United States Supreme Court Florida Supreme Court

Where do courts get their power and jurisdiction*? United States Constitution The Constitution of the State of Florida Federal courts address issues granted to them by the U.S. Constitution and federal law. State courts deal with issues granted to them by their state constitutions and state statutes. They also handle legal issues not granted to the federal courts or denied to the states. Definition from http://www.law.cornell.edu/wex/jurisdiction What does “jurisdiction” mean? Legal authority a court has to hear a case.

Jurisdiction of Courts District Courts of Appeal Mandatory Discretionary Invalidity of statute or state constitutional provision Capital Cases Bond Validations Public Utility Cases Supreme Court Express validity of statutes Construction of Florida or US constitutions Decisions affecting a class of constitutional or state officers Certified Questions Certified Conflict Express and direct conflict All matters not directly appealable to the Supreme Court Final actions of state agencies District Courts of Appeal Felonies Family Law Matters Civil Cases (over $15,000) Probate/Guardian- ship/Mental Health Juvenile Dependency and Delinquency Appeals from County Court Circuit Courts http://www.flcourts.org/core/fileparse.php/240/urlt/Jurisdiction_chart.pdf Misdemeanors Small Claims ($5,000 or less) Civil ($15,000 or less) Traffic County Courts Certified Questions

Trial and Appellate Courts What is the difference? Trial and Appellate Courts

Trial Courts 1 Judge Jury Witnesses Attorneys Plaintiff/Prosecution – Defense/Defendant Introduction of evidence

The Role of the Jury The jury listens to the evidence during a trial, decides what facts the evidence has established. The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases, and "liable" or "not liable" in civil cases. http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/trialjury_role.html Emphasize that the jury exists to stand between the government and the accused in order to insure a fair trial.

Steps of a trial What are the steps of a trial? In your group, place the steps in the correct order. Steps of a trial

Appellate Court Panel of judges No juries Petitioner/Respondent or Appellant/Appellee Attorneys submit briefs and present oral arguments on legal issues; no witnesses or presentation of evidence. Determines if the law was applied correctly and/or if the trial was fair.

Cases Through the Courts County Courts Circuit Courts District Courts of Appeal Florida Supreme Court U.S. Supreme Court United States Courts of Appeals United States District Courts Cases move through the court system when a petition or appeal is made. Judges do not reach down and select cases – someone must bring a case to court…individual, business, government, etc. Cases move through the trial and appellate courts. Florida’s Court System Federal Court System

Sorting out the courts Work in a small group Read the two case scenarios provided. Diagram how the case moved through the courts Optional Sorting out the courts

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