The LAST Unit of the Year!! Article III – Judicial Branch Chapter 14 – Structure Chapters 15 and 16 – Cases, Rights, Amendments, Etc.

State Appeals Courts (5) 21 Legis- lative Executive Judicial National (Federal) CONGRESS (535) President Supreme Court (9) & other Fed courts State General Assembly (132) Governor St. Sup. Ct (7) & State Appeals Courts (5) Local City Council (6+1) Mayor Common Pleas(2) Municipal (1)

My “legal” caveat….. Unfortunately I didn’t go to law school….I am a wannabe lawyer  ….this stuff is occasionally tough to grasp, (especially when we get to case law, court logic is goofy at times)

Original Jurisdiction The authority of a court to hear a case before any other court does. Appellate Jurisdiction The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.

How do Judges decide constitutionality? Use the exact words of the Constitution or try to determine the intent of the words. (Marbury v. Madison, 1803) Precedents. What were previous decisions made by the court? Rely on their own principles and judgment. Sometimes #1 and #2 will not work *REMEMBER, the courts do not make law or decide if laws are wise. Their job is to determine the constitutionality of existing laws.

(state law & civil cases) Oversimplified View Federal Courts (Fed Law and Constitutional Issues) US Supreme Court Federal Circuit Court of Appeals Federal District Courts State Courts (state law & civil cases) Ohio Supreme Court Ohio Appeals Courts Common Pleas, Municipal Courts

Ohio State Supreme Court Ohio’s Court Structure Ohio Court of Appeals (Green: Test Worthy!) Common Pleas County Courts Municipal Courts Court of Claims Ohio’s Court Structure Mayor’s Courts

State Level Courts - OHIO All Judges in Ohio are elected to 6 year terms from non-partisan ballots Attorneys who have passed the Bar 6 years of “practice”

- Fairborn Judge Beth Root Municipal Court : Mostly traffic court & misdemeanor crimes

Greene County Common Pleas Original jurisdiction in all criminal felony cases and original jurisdiction in all civil cases in which the amount in controversy is more than $500.

Xenia Common Pleas General Division Judges Stephen Wolaver and Michael Buckhalter

Common Pleas – 4 Divisions General Division – Civil and Criminal Domestic Relations – Divorces, dissolutions; child custody cases Juvenile Division Probate Court – Descendants’ estates; mental illness; adoptions; marriage licenses

(Located in Dayton, travel among six counties they serve) Ohio’s 2nd District Court of Appeals (Located in Dayton, travel among six counties they serve)

Chief Justice Maureen O’Connor First Elected in 2002; became Ohio’s First Female Chief Justice Jan. 1, 2011

Landmark US Cases from OSC Mapp v. OH Terry v. OH Brandenburg v. OH

Onto the Federal level… where ALL judges are appointed

The United States Court System Appeals from State Supreme Courts U.S. Supreme Court U.S. Court of Appeals - 12+1 Circuits U.S. District Courts Federal and Local Jurisdiction U.S. District Courts Federal Jurisdiction only Appeals from State Supreme Courts Administrative Agencies (Tax Courts, etc…)

Article III “The Judicial Power of the U.S. shall be vested in one Supreme Court and in such inferior courts as the Congress may…..establish”

Judiciary Act 1789 Creates the Federal Court system as well as an Attorney General “Ride the Circuit” John Jay John Marshall – 4th CJ - 1801-1835 112 Justices on the Supreme Court in all of American History including 17 Chief Justices.

Congress and the Federal Courts Determines number of judges and where they work President chooses, Senate Confirms Congress controls the court’s budget (less than 1% of federal budget)

“…persons of equal and impartial justice under the law”

Chief Justice John Roberts

The Roberts Court 2013 Alito (C) Breyer (L) Sotomayor (L) Kagan (L) Ginsburg (L) Scalia (C) Roberts (C) Kennedy (M) Thomas (C) The Roberts Court 2013

1 – Roberts (2005 W. Bush) 2 – Scalia (1986 - Reagan) 4 2 1 3 5 7 9 1 – Roberts (2005 W. Bush) 2 – Scalia (1986 - Reagan) 3 – Kennedy (1988 - Bush) 4 – Thomas (1991 - Bush) 5 – Ginsburg (1993 - Clinton) 6 – Breyer (1994 - Clinton) 7 – Alito ( 2006 – W Bush) 8 – Sotomayor (2009 - Obama) 9 – Kagan ( 2010 - Obama)

U.S. Supreme Court’s ORIGINAL Jurisdiction a case between the U.S. and a state a case between two or more states a case brought by a state against a citizen of another state a case involving an ambassador or foreign minister or consul

Today many of the original jurisdiction cases start in lower courts Because of this, there are relatively few "original jurisdiction" cases Usually a couple of cases a year out of 5000-7000 requests, sometimes none at all (jury on request)

U.S. Supreme Court’s APPELLATE Jurisdiction “Discretionary” A case on appeal from the lower federal courts. (most common) A case from the "highest" state court (state supreme courts)

Opinion of the Court: A signed opinion of a majority of the Supreme Court. Concurring Opinion: A signed opinion in which one or more justices agree with the majority view but for different reasons. Dissenting Opinion: A signed opinion in which one or more justices disagree with the majority view.

U.S. District Courts 94 Districts contained in 13 circuits 650+ Judges (Thomas Rose) “Trial” Court of the Federal government Branch in Dayton; central court in Cincy

US District Courts

U.S. District Court’s Jurisdiction (3 types) Federal Question Jurisdiction: cases that involve issues concerning the Constitution or other federal laws

U.S. District Court’s Jurisdiction (3 types) (CONT) Diversity Jurisdiction: plaintiff and the defendant have different state citizenships. there are exceptions to diversity jurisdiction for some cases, including probate cases and family law cases

U.S. District Court’s Jurisdiction (3 types) (CONT) Supplemental Jurisdiction: federal court can hear a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court. NOTE: supplementary jurisdiction is discretionary -- a court can choose whether or not to exercise it in a given case.

U.S. Court of Appeals 179 Judges contained in the 13 circuits 16 Judges in the 6th circuit court of appeals located in Cincinnati First circuit has 6 judges; ninth has 29

U.S. Court of Appeals 12+1 (circuit courts)

U.S. Court of Appeals (circuit courts) CONT. The circuit courts do not handle jury trials. 3 judge panels They only handle cases where a party argues that a district court judge made an error in handling their case.

All of these Federal Courts discussed are known as “Article III” courts. Other “Article III” courts: The United States Court of Appeals for the Federal Circuit (13th): a specialized circuit court with national jurisdiction. The Federal Circuit hears appeals on most patent issues. It also serves as an appellate court for many of the "Article I” courts Bankruptcy Court

“Article I” Courts – judges not all life appointees The United States Tax Court handles cases involving the federal tax system. The United States Court of International Trade has jurisdiction over cases involving the international trade laws. The United States Court of Federal Claims hears cases involving claims for money damages against the Federal government. (tax refunds, etc… civil The United States Court of Appeals for the Armed Forces has worldwide jurisdiction over appeals of military court-martial cases

Executive Branch and the Federal Courts Appoints all federal judges Department of Justice (Attorney General, Solicitor General) U.S. Marshall’s provide security for courtrooms and judges