Judicial Branch (The Last One!)

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Judicial Branch (The Last One!)

The Federal Court System I. Relationship between State and Federal Courts U.S. Supreme Court Federal State State Supreme Court Fed. Courts of Appeal States Courts of Appeal Fed. District Court State District Courts (Trial Court) (Trial Court)

II. Jurisdiction: The Authority to hear a case A. Federal Jurisdiction: Involves federal law, treaties with foreign nations, and interpretation of the Constitution. B. State Jurisdiction: Cases involving state laws.

III. Selection of Federal Judges A. President nominates & Senate approves nomination B. Serve for life – Free from political pressure in deciding cases. C. No formal qualifications IV. Types of Law A. Civil Law: Person complaining about something another person, the government, or corporation did or failed to do. Players: Plaintiff: Person who brings the charges Defendant: Person whom the charges are brought against. Burden of Proof: Plaintiff – “preponderance of the evidence”

B. Criminal Law: Person is accused of a particular act which the law calls a crime. Players: Prosecution: The government Defendant: Person the charges are brought against Burden of Proof: Prosecution – ‘Beyond a Reasonable Doubt” C. Constitutional Law: Cases involving the interpretation of the constitution. Primary Focus: -Decides the limits of the government’s power -Protect the rights of individuals -May deal with criminal or civil law

V. Principles of our Legal System A. Equal Justice Under the Law 1 V. Principles of our Legal System A. Equal Justice Under the Law 1. Treat all people alike 2. Protected under 5th-8th Amendments B. Due Process of Law Laws must be fair and procedures must be followed before the government deprives a person of life, liberty, or property. C. The Adversary System Opposing attorneys try to present the strongest arguments possible. Everything legally permissible to help client D. Presumption of Innocence 1. Innocent until proven guilty 2. Burden of proof falls on the prosecution

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