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Published byThomasine Jefferson Modified over 7 years ago
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Bell Ringer Find the following terms on pages and copy them down on your note sheet. Plaintiff Defendant Prosecution Precedent Original jurisdiction Appeal Appellate jurisdiction
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Bell Ringer 2 Read pages 716-720 and finish filling in the note sheet.
I have 3 missing books, check your lockers for my books next time you go to your locker.
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The role of federal courts
The Judicial Branch The role of federal courts
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What courts do The courts solve legal disputes
All courts apply law to a legal situation The courts interpret the law and determine how to apply the law to a given situation
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What courts do There are two basic types of legal conflicts: civil and criminal In criminal cases, the court determines if a person has broken a law. If the person is found guilty, the court also determines what the punishment will be In civil cases, the court settles disagreements, such as divorces, who broke a contract, or if someone violated the civil rights of another person
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Parties in the conflict
In civil cases there is a plaintiff and a defendant The plaintiff will be listed first in title of the case and the defendant will be listed second. In criminal cases there will be a prosecution and a defendant. The prosecution will be listed first followed by the defendant Ex. Brown v. Board of Education, Ohio v. Ashley, or Edwards v. Techno Corporation
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Members of the Court The judge applies the law to the conflict between the plaintiff and defendant to see which side is most in keeping with the law or if a law has been violated. The judge must remain impartial – neutral Many cases also involve a jury
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Interpreting the law The main job of the court is to interpret the law
Such as a law banning motor vehicles in the park. Does this law also ban radio controlled vehicles such as radio controlled cars and airplanes The decision the court makes can have broad effects because a decision could establish a precedent. Brown v. Board of education set the precedent that segregating white and black students was unconstitutional
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Types of courts Our court system is made up of two interconnected court systems There are state courts and federal courts State courts can include traffic courts, juvenile courts, and municipal courts. Some courts hear original cases and other courts hear appeals In the federal system, there are district courts, circuit courts, and the Supreme Court
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Jurisdiction The original court to hear a case is the court of original jurisdiction This court determines the facts of the case, often during a trial by jury. Other times, only the judge will hear the case This original court is often called a trial court
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Jurisdiction If the plaintiff or defendant in a civil case disagree with the judges ruling, he or she has the right to appeal A defendant in a criminal case also has the right to an appeal, the prosecution does NOT have the right to appeal. Citizens are protected from double jeopardy – being tried for the same crime twice. In each state, there are appellate courts set up to hear appeals from lower courts
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Appeals Court Appellate courts do not hold a trial or determine the facts of the case, they only review the legal issues of the case to make sure they have been applied correctly. The appeals court can decide to affirm or let stand the original verdict, or reverse the lower courts ruling. If that happens, the appeals court may order a new trial in court of original jurisdiction. The appeals process may go beyond the original appeals courts In most states, the highest state court is the State Supreme Court which will be the final court to hear the case unless the Supreme Court decides to hear the case Most state court systems have trial courts, followed by appeals courts, then finally the court of final appeals.
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Cases heard by Federal courts
Federal courts hear two kinds of cases, those involving federal laws and those beyond the authority of the individual states. For these cases the federal court is the court of original jurisdiction They also hear cases appealed from state supreme courts, usually cases involving federal laws or constitutional rights. The cases are ONLY heard by the Supreme Court This gives the federal judicial branch the leadership role in the legal system
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