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Published byCharlotte Richards Modified over 5 years ago
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The Lower Courts District Courts The lowest level of federal system
Most cases have original jurisdiction (they hear the case for the first time) There are 94-every state has one Criminal and civil cases
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Lower Courts Court of Appeals:
Appellate jurisdiction –authority to hear a case appealed from a lower court Review decisions of district courts and rule whether trial was fair 13 circuits
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District Courts The U.S. district courts are the lowest of the federal system. There are 94 district courts They are responsible for determining the facts of a case
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District Courts Cont. They take both criminal and civil cases
In criminal cases, district courts will determine if someone is guilty or innocent They are the only federal courts where witnesses testify and juries hear cases and reach a verdict
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Circuit Court of Appeals
They do not decide on the guilt or innocence of a person in a criminal case They do not decide which party should win a lawsuit Instead they have appellate jurisdiction
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They review the fairness of a case appealed from a lower court
They can also review the decisions of a federal regulatory agency if a party thinks they were treated unfairly Why would someone appeal a case? When they feel that the district courts made a mistake Who can appeal? Only an accused person who is found guilty
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Original Jurisdiction: the authority of a court to hear cases for the first time
Appellate Jurisdiction: the authority of a court to hear a case appealed from a lower court
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Ruling Appeals courts do not hold trials, instead a panel of three or more judge reviews the record of the case from trial. They also listen to arguments. Than the judges make their decisions. They only rule on whether the original trial was a fair one
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Judges can decide a case in one of three ways
Uphold the result of the trial which leaves the verdict in that trial unchanged Can reverse the result of the trial They can remand the case-send it back to the lower court to be tried again
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Decisions of the courts of appeals are final unless they are appealed
Those appeals are made to the U.S. Supreme Court
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Define Opinion: a detailed explanation of the legal thinking behind a court case
Define Precedent: a ruling that is used as the basis for a judicial decision in a later similar case
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Principals of the Legal System
No federal court, may seek out an issue and ask both sides to bring it to court The court must wait for litigants to come to them All courts in the country must follow the precedents set by the U.S. Supreme Court
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Federal Judges Who is the chief decision maker in the judicial branch? Federal judges How many judges serve on district courts? More than 650 How many judges does each appeals court have? Each appeals court has from 6-28 judges How many judges does the Supreme Court have? Nine
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Appointing Federal Judges
Who appoints federal judges-the president Who approves them? The Senate
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What would cause a vacancy in the court
What would cause a vacancy in the court? When a judge resigns, retires, or dies Are there any specific qualifications? No in general though presidents want to appoint judges who share their ideas about justice and the law
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What would cause a vacancy in the court?
Describe senatorial courtesy-this is how the process presidents follow when naming a judge. They submit the names of the candidates to the senators from the candidates state. If one senator objects the president typically nominates another candidate. This does not usually apply to the naming of judges to court of appeals or the Supreme Court
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Once appointed, how long do federal judges hold their job-for life.
How can they be removed from office? impeachment
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Three Key Officials Magistrate Judge United States Attorney
United States Marshall
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Magistrate Judges Due much of a judge’s routine work
Issue court orders Hear preliminary evidence and decide if a case should be brought to trial Decide if someone should be held in jail or receive bail Serve as judges in minors cases They are appointed by a majority of the federal judges in a district They serve 8 year terms
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United States Attorney
Each district has a United States attorney They prosecute people accused of breaking federal law Represent the government in civil cases where gov is involved Serve 4 year terms appointed by president, approved by Senate
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United States Marshal Each federal judicial district in the US has one
They make arrest, collect fines, take convicted persons to prison Protect jurors, keep order, and deliver subpoenas
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