The Role of the Judicial Branch (courts)

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Presentation transcript:

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 goes against the Constitution

The Role of Judges and Justices Judges and Justices interpret & 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.

Federal Court Systems: U.S. District Courts & US. Court of Appeals

Federal Court - Levels

U.S. District Courts District courts are the federal courts where trials are held and lawsuits are begun. All states have at least one. For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time. District courts hear both civil and criminal cases. They are the only federal courts that involve witnesses and juries.

Sample name: United States District Court for the Middle District of Florida. Parties: Plaintiff (initiates action). Defendant (person being sued). One judge presides over the case. Case may be tried to a jury or may be a “bench trial.”

U.S. Courts of Appeals Party who loses in district court has an AUTOMATIC right to an appeal. Appeals courts review decisions made in lower district courts. This is appellate jurisdiction—the authority to hear a case appealed from a lower court. 13 U.S. Courts of Appeals. 12 are geographic. One is a specialty court (Federal Circuit).

Three judges (“the panel”) hear legal arguments only. No jury. No new evidence/no witnesses. Review the case records and listens to arguments from lawyers on both sides.

Decisions… The judges may decide in one of three ways: Uphold (AGREE) the original decision Reverse (disagree) the decision Remand the case—send it back to the lower court to be tried again.