Ch8 The Judicial Branch 8-2 How Courts Are Organized.

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Presentation transcript:

Ch8 The Judicial Branch 8-2 How Courts Are Organized

District Court-all federal cases begin here -original jurisdiction –trials are held w/judge,jury, & witnesses (guilt or innocence is decided) -94 district courts, at least one for each state US courts of Appeal Supreme Court Justices No Jury Decisions are final Appellate jurisdiction Review lower courts decision 3 decisions-uphold, reverse, remand DO NOT decide guilt or innocence -fair trial and rights protected Can appeal to Supreme Court

2. Appeals Court -review lower courts decisions -appellate jurisdiction -lawyers appeal when: -they think the law was applied incorrectly -used wrong procedures -new evidence

-panel of 3 or more judges reviews case records -DO NOT decide guilt or innocence -rule on fair trial and if rights were protected -decision is usually final but may appeal to Supreme Court

-decisions -uphold original decision -reverse decision -remand the case

3. announcing the decision -judge writes an opinion -sets a precedent -does not have the force of law

4. federal judges -chief decision makers in the Judicial Branch -more than 550 judges -2/district court -appeals courts have 6-27 judges -Supreme Court has 9 justices -most federal judges serve for life -job security -free from public pressure -can be removed by impeachment

5. selection of judges -appointed by president -senate approval -no specific qualifications -most judges usually share same political party, political ideas, and judicial ideas as president

-senatorial courtesy is usually followed for district court judges -presidents submits name of judicial candidate to the 2 senators from the candidates state -if rejected by 2 senators, president selects another candidate -if accepted, names goes to senate for approval

6. other court officials -clerks -secretaries -court reporters -probation officers

-magistrate for district courts -take care of judges routine work -issue court orders (subpoena) -search warrants -arrest warrants -hear preliminary evidence to decide if a case should be brought to trial -decide if a person who was arrested should be released or held in jail -may hear minor cases

-U.S. attorney -governments lawyer -prosecute people accused of breaking federal laws -represent U.S. in civil cases -appointed to 4 yr. terms by president w/senate approval -report to attorney general

-U.S marshal -make arrests -collect fines -take convicted people to prison -protect jurors -keep order in federal court -serve legal papers -subpoenas -work for justice department -appointed by president w/senate approval