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The Court System Chapter 5
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Purpose of Judicial Branch
Interpret Laws Passed by Congress Assure Laws That are Passed are Constitutional Established under Article III of Constitution Congress given Authority to Establish all “Inferior” Federal Courts
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Adversarial vs Inquistional
U.S. has a Adversarial legal system Contest between opposing sides Jury determines facts Europe uses the inquisitional system Judges serve as the jury
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Organization of Federal Courts
Benton East St. Louis (General Trial Courts)
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Federal Court Structure
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CQ
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Organization of State Courts
Illinois Supreme Court Appellate Courts (Mt. Vernon) Circuit Courts (Trial Courts)
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Jury Selections Screening Process Voir Dire Removal for Cause
Screen for impartiality Removal for Cause If attorney feels juror has some prejudice Peremptory Challenges
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What is “Judicial Review?”
Used to determine Constitutionality of all Laws! Marbury vs Madison Jurisdiction Legal Authority of the Court
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Qualifications for Federal Judges
There are None! Selection Term Salary Support Personnel
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U.S. Supreme Court “Highest Court of the Land” Jurisdiction
Original Appellate 9 Justices (Select a Chief Justice) Terms/Salaries/ Qualifications
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Information About the Supreme Court
9 Supreme Court Justices – life term 8,000 cases are referred to the court, hear about 80 a year Must have a writ of certiori for the court to consider case (99% denied!) 1st Monday in October – end of June Most cases come from Federal courts
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Supreme Court (cont.) After a case is heard, court makes a decision – 3 options: 1. Majority Opinion 2. Dissenting Opinion 3. Concurring Opinion Final decision results in a Precedent, which all other lower courts must follow! Homework-problem 5.4 (pg. 58) Gideon vs Wainwright
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