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Chapter 11 Intro
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Key Facets Jurisdiction: “Authority to hear certain cases” (area ruled over) Concurrent jurisdiction: two courts have juris. Original jurisdiction: court were case is first tried Appellate jurisdiction: court that hears appeals Various types of courts Trial Court: court that has original jurisdiction/case is first tried Appellate/Appeals Court: Appeals heard Precedent: Previous decisions in earlier cases used to make future decisions State court jurisdiction: state laws Federal courts jurisdiction: Federal Laws (Constitution, particular people, etc) Legislative Courts: help Congress exercise power
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Federal Laws & Regulations
Help implement and interpret law Laws Passed by Congress Passed by State: May not do less than the fed law; may do more Carries force of law Policy Decisions
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Federal Court System for California
U.S. Supreme Court U.S. Court of Appeals, 9th Circuit (S.F.) HI, CA. WA. OR, ID,NV, AR, MT, AL U.S. District Court, Northern (S.F.) U.S. District Court, Central (L.A.) U.S. District Court, Eastern (Sac.) U.S. District Court, Southern (S.D.)
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CA State Court System Supreme Court Courts of Appeal Other Courts
6 appellate court districts each with one court 1st S.F.,2nd L.A., 3rd Sac., 4th S.D. Riverside, Sta. Ana, 5th Ventura, 6th S.J. Other Courts 58 trial courts Civil, criminal, family, probate, juvenile cases
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Legislative Courts
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US Court of Federal Claims
Year created: 1982 Cases: Handling cases against US government for $ damages Headquarters: Washington D.C.; cases heard throughout US Appeals: Circuit Court of Appeals
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US Tax Court Year created: 1969 Cases: Internal Revenue Service (IRS) and Treasury Department rulings Headquarters: Washington D.C.; cases heard throughout US Appeals: Federal Court of Appeals
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US Court of Appeals for the Armed Forces
Year created: 1950 Cases: Highest appeals court for Armed forces/members “GI Supreme Court” Headquarters: Washington D.C. Appeals: US Supreme Court
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Foreign Intelligence Surveillance Court
Year created: 1978 Cases: Part of FISA, authorized to secretly wiretap suspected spies. Do not need public notice/warrants Headquarters: Washington D.C. Appeals: US Supreme Court
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Court of Veterans Appeals and Territorial Courts
Court of Veterans Appeals Year created: 1988 Cases: Appeals from Board of Veteran and Veterans’ Appeals Headquarters: Washington D.C.; may sit anywhere in U.S. Appeals: US Supreme Court Territorial Courts Court for U.S. Territories (Guam, Puerto Rico, etc)
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The Supreme Court A) Top of American Legal System B) Original and Appellate jurisdiction C) Carefully choose cases D) Final authority: binding on all lower courts E) Original jurisdiction 1. <5 cases/year 2. 2 states involved
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Crash Course Judicial Review
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