Appeals Courts & Federal and State Court Systems

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Presentation transcript:

Appeals Courts & Federal and State Court Systems The Court System Appeals Courts & Federal and State Court Systems

Appeals Courts One party presents arguments asking the appeals court to change the decision of the trial court NO Juries, witnesses, new evidence Lawyers appear before judges (3 to 9) to make legal arguments Legal briefs and oral argument Error of law vs. Error of fact

Appeals Courts (continued) Must be an Error of Law which affected the outcome of the case Decisions set PRECEDENT “Making law” Lower courts must follow Dissenting Opinions Justice Harlan in Plessy v. Ferguson (1896) Concurring Opinions

Read Aloud Activity Read Aloud The Case of…Taking a Car by Mistake (page 50)

Federal and State Court Systems U.S. Supreme Court U.S. Circuit Court of Appeals (Federal Appeals Court) State Supreme Court (Highest State Court) Court of Appeals (State Appeals Court) County/Municipal Court (Local Trial Court) U.S. District Court (Federal Trial Court)

The Thirteen Federal Judicial Circuits

Think, Pair & Share Activity Problem 5.3, page 54 Work on it on your own first Pair up with your neighbor and quickly discuss Class discussion and reflection

The U.S. Supreme Court Nine justices “Highest Court in the Land” All must follow USSC’s precedent Petitions for Certiorari 8,000 from inmates 99% of all petitions denied It decides which case it wants to hear Dispute in lower courts or national policy

The USSC (continued) Cert granted, legal briefs, oral argument, written opinion Term-1st Monday of October to end of June Nominated by President and confirmed by Senate Life-time appointment Big issues-abortion, death penalty, civil rights, etc.

Read Aloud & Class Discussion Read Aloud The Case of … Gideon v. Wainwright on page 58 Class Discussion of questions a. through d. DUE PROCESS OF LAW means “fair treatment under the law”

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