2. The LAST Unit of the Year!! Article III – Judicial Branch
Chapter 14 – Structure
Chapters 15 and 16 – Cases, Rights, Amendments, Etc.

3. State Appeals Courts (5)21
Legis-
lative
Executive
Judicial
National (Federal)
CONGRESS
(535)
President
Supreme Court (9)
& other Fed courts
State
General Assembly
(132)
Governor
St. Sup. Ct (7)
&
State Appeals Courts (5)
Local
City Council
(6+1)
Mayor
Common Pleas(2)
Municipal (1)

4. My “legal” caveat…..
Unfortunately I didn’t go to law school….I am a wannabe lawyer  ….this stuff is occasionally tough to grasp, (especially when we get to case law, court logic is goofy at times)

5. Original Jurisdiction
The authority of a court to hear a case before any other court does.
Appellate Jurisdiction
The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.

6. How do Judges decide constitutionality?
Use the exact words of the Constitution or try to determine the intent of the words. (Marbury v. Madison, 1803)
Precedents. What were previous decisions made by the court?
Rely on their own principles and judgment. Sometimes #1 and #2 will not work
*REMEMBER, the courts do not make law or decide if laws are wise. Their job is to determine the constitutionality of existing laws.

7. (state law & civil cases)
Oversimplified View
Federal Courts (Fed Law and
Constitutional Issues)
US Supreme Court
Federal Circuit Court of Appeals
Federal District Courts
State Courts
(state law & civil cases)
Ohio Supreme Court
Ohio Appeals Courts
Common Pleas, Municipal Courts

8. Ohio State Supreme Court Ohio’s Court Structure
Ohio Court of Appeals
(Green: Test Worthy!)
Common Pleas
County Courts
Municipal
Courts
Court of Claims
Ohio’s Court Structure
Mayor’s Courts

9. State Level Courts - OHIO
All Judges in Ohio are elected to 6 year terms from non-partisan ballots
Attorneys who have passed the Bar
6 years of “practice”

10. - Fairborn Judge Beth Root Municipal Court :
Mostly traffic court & misdemeanor crimes

11. Greene County Common Pleas
Original jurisdiction in all criminal felony cases and original jurisdiction in all civil cases in which the amount in controversy is more than $500.

12. Xenia Common Pleas General Division Judges
Stephen Wolaver and Michael Buckhalter

13. Common Pleas – 4 Divisions
General Division – Civil and Criminal
Domestic Relations – Divorces, dissolutions; child custody cases
Juvenile Division
Probate Court – Descendants’ estates; mental illness; adoptions; marriage licenses

14. (Located in Dayton, travel among six counties they serve)
Ohio’s 2nd District Court of Appeals
(Located in Dayton, travel among six counties they serve)

17. Chief Justice Maureen O’Connor
First Elected in 2002; became Ohio’s First Female Chief Justice Jan. 1, 2011

18. Landmark US Cases from OSC
Mapp v. OH
Terry v. OH
Brandenburg v. OH

19. Onto the Federal level… where ALL judges are appointed

20. The United States Court System Appeals from State Supreme Courts
U.S. Supreme Court
U.S. Court of Appeals -
12+1 Circuits
U.S. District Courts
Federal and Local Jurisdiction
U.S. District Courts
Federal Jurisdiction
only
Appeals from State Supreme Courts
Administrative Agencies
(Tax Courts, etc…)

21. Article III
“The Judicial Power of the U.S. shall be vested in one Supreme Court and in such inferior courts as the Congress may…..establish”

22. Judiciary Act 1789
Creates the Federal Court system as well as an Attorney General
“Ride the Circuit”
John Jay
John Marshall – 4th CJ
112 Justices on the Supreme Court in all of American History including 17 Chief Justices.

23. Congress and the Federal Courts
Determines number of judges and where they work
President chooses, Senate Confirms
Congress controls the court’s budget (less than 1% of federal budget)

25. “…persons of equal and impartial justice under the law”

28. Chief Justice
John Roberts

29. The Roberts Court 2013 Alito (C) Breyer (L) Sotomayor (L) Kagan (L)
Ginsburg (L)
Scalia (C)
Roberts (C)
Kennedy (M)
Thomas (C)
The Roberts Court 2013

30. 1 – Roberts (2005 W. Bush) 2 – Scalia (1986 - Reagan)4 2 1 3 5 7 9
1 – Roberts (2005 W. Bush)
2 – Scalia ( Reagan)
3 – Kennedy ( Bush)
4 – Thomas ( Bush)
5 – Ginsburg ( Clinton)
6 – Breyer ( Clinton)
7 – Alito ( 2006 – W Bush)
8 – Sotomayor ( Obama)
9 – Kagan ( Obama)

31. U.S. Supreme Court’s ORIGINAL Jurisdiction
a case between the U.S. and a state
a case between two or more states
a case brought by a state against a citizen of another state
a case involving an ambassador or foreign minister or consul

32. Today many of the original jurisdiction cases start in lower courts Because of this, there are relatively few "original jurisdiction" cases Usually a couple of cases a year out of requests, sometimes none at all (jury on request)

33. U.S. Supreme Court’s APPELLATE Jurisdiction
“Discretionary”
A case on appeal from the lower federal courts. (most common)
A case from the "highest" state court (state supreme courts)

34. Opinion of the Court: A signed opinion of a majority of the Supreme Court. Concurring Opinion: A signed opinion in which one or more justices agree with the majority view but for different reasons. Dissenting Opinion: A signed opinion in which one or more justices disagree with the majority view.

35. U.S. District Courts 94 Districts contained in 13 circuits
650+ Judges (Thomas Rose)
“Trial” Court of the Federal government
Branch in Dayton; central court in Cincy

36. US District Courts

37. U.S. District Court’s Jurisdiction (3 types)
Federal Question Jurisdiction: cases that involve issues concerning the Constitution or other federal laws

38. U.S. District Court’s Jurisdiction (3 types) (CONT)
Diversity Jurisdiction: plaintiff and the defendant have different state citizenships.
there are exceptions to diversity jurisdiction for some cases, including probate cases and family law cases

39. U.S. District Court’s Jurisdiction (3 types) (CONT)
Supplemental Jurisdiction: federal court can hear a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court.
NOTE: supplementary jurisdiction is discretionary -- a court can choose whether or not to exercise it in a given case.

40. U.S. Court of Appeals 179 Judges contained in the 13 circuits
16 Judges in the 6th circuit court of appeals located in Cincinnati
First circuit has 6 judges; ninth has 29

41. U.S. Court of Appeals 12+1 (circuit courts)

42. U.S. Court of Appeals (circuit courts) CONT.
The circuit courts do not handle jury trials.
3 judge panels
They only handle cases where a party argues that a district court judge made an error in handling their case.

43. All of these Federal Courts discussed are known as “Article III” courts. Other “Article III” courts:
The United States Court of Appeals for the Federal Circuit (13th): a specialized circuit court with national jurisdiction. The Federal Circuit hears appeals on most patent issues. It also serves as an appellate court for many of the "Article I” courts
Bankruptcy Court

44. “Article I” Courts – judges not all life appointees
The United States Tax Court handles cases involving the federal tax system.
The United States Court of International Trade has jurisdiction over cases involving the international trade laws.
The United States Court of Federal Claims hears cases involving claims for money damages against the Federal government. (tax refunds, etc… civil
The United States Court of Appeals for the Armed Forces has worldwide jurisdiction over appeals of military court-martial cases

45. Executive Branch and the Federal Courts
Appoints all federal judges
Department of Justice (Attorney General, Solicitor General)
U.S. Marshall’s provide security for courtrooms and judges