The Judicial Branch The Courts

Dual Court System Federal Courts – powers derive from the Constitution and federal laws. State Courts – powers come from state laws and state constitutions.

Jurisdiction Authority of specific courts to hear certain kinds of cases. State v. Federal (overlap can occur)

Concurrent Jurisdiction Both federal and state courts have jurisdiction.

Original & Appellate Jurisdiction Trial court (original jurisdiction)– a court in which a case is originally tried. Appellate court – if you lose in trial court you may appeal it here.

Civil Law Disputes between two or more individuals or individuals and the government. Plaintiff – person who brings the charges. Defendant – person against whom the suit is brought.

Criminal Law U.S. government charges someone with breaking a federal law. Prosecution – the federal government. Defendant

Equity Law When disputes are resolved based on fairness. Injunction – Plaintiff asks court to forbid a defendant to continue a certain action. Writ of mandamus – Asking a court to require a specific action. =

4 Basic Principles of All Courts 1. Equal justice under the law. 2. Due process of law. 3. Presumption of innocence. 4. Adversary system – courtroom is fair to both sides.

Assignment U.S. Court System Graphic Organizer – Due tomorrow!