1. The Judicial Branch--Chapter 18
For what reasons was the national court system established?
States were ignoring each others laws
States were interpreting laws differently
To settle disputes between individuals from different states

2. The Judicial Branch--Chapter 18
On what two bases can the federal courts hear and decide cases?
Subject matter
Parties involved
How are federal judges selected
Nomination by the President and approval by Senate

3. The Judicial Branch--Chapter 18
Who helps federal judges and Supreme Court justices do their job?
Court clerks and other court officers
U.S. magistrates
U.S. attorneys
U.S. marshals
Other judges

4. The Judicial Branch--Chapter 18
jurisdiction
Exclusive jurisdiction
Original jurisdiction
Concurrent jurisdiction
Appellate jurisdiction
Limited jurisdiction
Plaintiff/prosecution
defendant

5. The Judicial Branch--Chapter 18
Crime—
something one does or fails to do that is in violation of the law, or an action for which the state has set a punishment or penalty.
Civil Action—
also known as a “tort”; wrongful actions committed by one person against another.

6. The Judicial Branch--Chapter 18
Felony—
a crime punishable by one year or more in jail, and/or $1,000 or more in fines.
Misdemeanor—
a crime punishable by one year or
less in jail, and/or $1,000 or less in fines.

7. The Judicial Branch--Chapter 18
FEDERAL CASES AND FEDERAL COURTS
A person is accused of disobeying the U.S. Constitution
A person is accused of violating a U.S. treaty
A person is accused of breaking a federal law passed by Congress.

8. The Judicial Branch--Chapter 18
A person is accused of committing a crime on U.S. federal property.
A citizen of one state brings a lawsuit against a citizen of another state.
A person is accused of an offense by a foreign nation
A person is accused of committing a
crime on a U.S. ship at sea

9. The Judicial Branch--Chapter 18
FEDERAL COURTS
Federal District Courts
90+ Federal District Courts
map, p. 513
Federal Circuit Court of Appeals
12 circuits
judges sit in groups of 3
can travel to court of original jurisdiction

10. The Judicial Branch--Chapter 18
OTHER FEDERAL COURTS
Inferior Courts
Special Courts

11. The Judicial Branch--Chapter 18
INFERIOR COURTS
Federal District Courts
665 judges
@300,000 cases per year
Judiciary Act of 1789
50 states, D.C., and Puerto Rico
original jurisdiction over federal cases
caseload

12. The Judicial Branch--Chapter 18
Federal Circuit Court of Appeals
@180 judges (3-judge panels)
@ 55,000 cases per year on appeal
created in 1891
12 total circuits
appellate jurisdiction
handle caseload

13. The Judicial Branch--Chapter 18
Court of International Trade
9 judges
Civil cases involving tariff and trade laws
1890 and 1980
New Orleans, San Francisco, Boston, and New York
Original jurisdiction over tariff and trade laws
Regulate and resolve disputes over trade laws.

14. The Judicial Branch--Chapter 18
Circuit Court of Appeals for the Federal Circuit
12 judges
appeals from Civil cases in lower federal courts
1982
spread throughout the nation
appellate jurisdiction
speed up the appeals process

15. The Judicial Branch--Chapter 18
Tax Court
19 judges
15 year terms
hear civil and criminal disputes over the application of tax laws

16. The Judicial Branch--Chapter 18
Veteran’s Affairs Appeals Court
6 judges
15 year terms
appeals of decisions of the Department of Veteran’s Affairs

17. The Judicial Branch--Chapter 18
Territorial Courts
4 judges
15 year terms
Application of laws governing U.S. territories

18. The Judicial Branch--Chapter 18
Courts of the District of Columbia
part of the Federal District Court system
hear local and constitutional cases involving the governing of the District of Columbia.

19. The Judicial Branch--Chapter 18
United States Claims Court
16 judges
serve 15 year terms
hear civil claims filed against the United States government

20. The Judicial Branch--Chapter 18
Armed Forces Appeals Court
5 judges
15 year terms
Hear appeals of decisions in military courts and court martials

21. The Judicial Branch--Chapter 18
The U.S. Supreme Court
9 justices
Meet October to May/June
How cases get there

22. The Judicial Branch--Chapter 18
PETITION FOR REVIEW
lawyers file briefs (statements about the case) with the Supreme Court attempting to convince the justices that the issues in the case are or are not important.

23. The Judicial Branch--Chapter 18
Criteria for acceptance:
--- the US is a party in the case
---different reasons for decisions were given in the lower courts
---the issue is one the justices are eager to resolve
---workload permits it
---the case present an issue of importance to the nation
---"the rule of four"

24. The Judicial Branch--Chapter 18
BRIEFS ON THE MERITS
---the case is granted "writ of certiorari" and placed on the docket (calendar)
---briefs are filed by both lawyers focusing on the decision to be made
---outside groups with an interest in the case can also file "amicus curiae" briefs (means "friend of the court")

25. The Judicial Branch--Chapter 18
ORAL ARGUMENTS
each case is given one hour for presentation (30 minutes per side)
justices can interrupt and ask questions at any time
no jury and no witnesses

26. The Judicial Branch--Chapter 18
CONFERENCE AND DECISION
all conferences are closed and confidential
decisions do not have to be made immediately following the hearing of a case

27. The Judicial Branch--Chapter 18
ASSIGNMENT AND WRITING OF OPINIONS
chief justice assigns the writing of opinions
  three kinds of opinions:
majority---majority (5 or more) justices are in agreement on outcome and reasoning  concurrent--of the majority justices, there is agreement on the outcome, but disagreement on the reasons
  dissenting (minority)--opinion of the minority number of justices

28. The Judicial Branch--Chapter 18
STATE CASES AND STATE COURTS
State cases occur when a person breaks a law as specified by the state.
Code of Alabama, Titles 12, 13, 13A, 14, and 15
Capital crimes--crimes made worse by the circumstances surrounding the criminal action; known as “aggravating” circumstances.

29. The Judicial Branch--Chapter 18
STATE COURTS
Local Courts
Superior//County//District Courts
Intermediate Appeals Court
State Supreme Court

30. The Judicial Branch--Chapter 18
THE CRIMINAL JUSTICE PROCESS
SUSPECT
search and seizure--4th amendment
exclusionary rule
warrants
searching without a warrant??
ARREST
warrants
Miranda rights

31. The Judicial Branch--Chapter 18
BOOKING/PHOTOGRAPH
preparing the "file" on you
INITIAL APPEARANCE
accused appears before a judge, who may set bail
PRELIMINARY HEARING
judge decides if there is enough evidence to have you bound
over for formal charges

32. The Judicial Branch--Chapter 18
If you committed a federal offense…..
GRAND JURY
16-23 people who hear
evidence and issue indictments
INDICTMENT
statement by a Grand Jury formally
accusing you of the crime for which
you were charged
ARRAIGNMENT HEARING
accused is formally notified of
charges and enters a plea
Your case then goes to petit jury selection

33. The Judicial Branch--Chapter 18
If you committed a state offense…..
Your case goes to petit jury selection
Called “voir dire” (French for “to see to say”)
Petit jury is 6-12 people who hear the case and decide guilt or innocence and recommend a punishment.

34. The Judicial Branch--Chapter 18
Trial—
evidence is presented by opposing
lawyers; witnesses are called.
Verdict—
petit jury decides guilt or innocence
Sentencing—
judge sets punishment for defendant;
defendant serves time