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The Judicial Branch The Courts
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Dual Court System Federal Courts – powers derive from the Constitution and federal laws. State Courts – powers come from state laws and state constitutions.
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Jurisdiction Authority of specific courts to hear certain kinds of cases. State v. Federal (overlap can occur)
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Concurrent Jurisdiction
Both federal and state courts have jurisdiction.
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Original & Appellate Jurisdiction
Trial court (original jurisdiction)– a court in which a case is originally tried. Appellate court – if you lose in trial court you may appeal it here.
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Civil Law Disputes between two or more individuals or individuals and the government. Plaintiff – person who brings the charges. Defendant – person against whom the suit is brought.
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Criminal Law U.S. government charges someone with breaking a federal law. Prosecution – the federal government. Defendant
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Equity Law When disputes are resolved based on fairness.
Injunction – Plaintiff asks court to forbid a defendant to continue a certain action. Writ of mandamus – Asking a court to require a specific action. =
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4 Basic Principles of All Courts
1. Equal justice under the law. 2. Due process of law. 3. Presumption of innocence. 4. Adversary system – courtroom is fair to both sides.
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Assignment U.S. Court System Graphic Organizer – Due tomorrow!
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