The Judicial Branch.

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Presentation transcript:

The Judicial Branch

The Judicial Branch 3 Levels of Federal Courts 1- The U.S. Supreme Court 2- The U.S. Courts of Appeals (Circuit Courts) 3- The U.S. District Court Their Objective- to settle civil and criminal disputes by making sure that the law is applied equally and justly in all cases.

The Judicial Branch Jurisdiction – The Authority to hear and decide a case. Federal Jurisdiction extends across 9 categories. 1. The Constitution- If you feel your constitutional rights have been violated, you have a right to have that heard in a federal court. 2. Federal Laws- Federal courts try people accused of committing federal crimes. 3. Disputes Between States- Disagreements between states are resolved by federal courts. 4. Citizen from Different States- lawsuits between citizens of different states are heard in federal courts.

The Judicial Branch Jurisdiction – The Authority to hear and decide a case. Federal Jurisdiction extends across 9 categories. 5. The Federal Government- All suits brought against the Federal Government are tried in Federal Courts. 6. Foreign Governments- Disputes between foreign governments and the U.S. are tried in federal courts. 7. Maritime Laws- Cases involving crimes and accidents outside U.S. waters. 8. U.S. Diplomats- All cases involving U.S. diplomats are tried in Federal Courts.

Structure U.S District Courts CHARACTERISTICS Every state has at least one Has Original Jurisdiction- hears case for the 1st time Has witnesses testify and juries to decide ***Judges & Juries Serve Decision Type Guilty or Not Guilty. Responsible for determining facts of the case and present a verdict of guilt

Structure U.S. Court of Appeals CHARACTERISTICS Appellate jurisdiction – reviews decisions of lower courts. Determines if the judge followed the procedures or if new evidence presented ***Judges Only Decision Type Uphold or Reverse lower courts decision or send case back down to be tried again

Structure U.S. Supreme Court CHARACTERISTICS Highest court in the land 8 Associate Judges + 1 Chief Justice Judicial Review- review federal, state, and local laws to see if they are constitutional ***Judges Only Decision Type Constitutional or Unconstitutional

Structure U.S. Supreme Court CHARACTERISTICS Only hears certain cases that involves a significant question. Mostly if it involves the Bill of Rights, other amendments, or Governmental power Chooses cases that involve legal, not political issues that can effect the entire nation

Supreme Court Steps in Decision Making 1. Written Arguments: hear written arguments from each side

Supreme Court Steps in Decision Making 2. Oral Arguments – Lawyers present case for 30min each. Justices ask questions

Supreme Court Steps in Decision Making 3. Conference – judges get together in secret to discuss the verdict. A majority of 5 justices in needed for a final verdict

Ruling and Opinion Writing Majority Opinion – presents the winning views of the judges. - Provides facts, courts reasoning, and can create a precedent for future cases Dissenting Opinion – written argument by the minority judges who disagree with the ruling