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Published byLinette Fisher Modified over 9 years ago
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THE FEDERAL COURT SYSTEM Chapter 5 – The Judicial Branch
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THE PURPOSE OF THE JUDICIAL BRANCH IS TO INTERPRET LAWS!!!
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LEGISLATIVE - MAKE LAWS EXECUTIVE - ENFORCE LAWS
JUDICIAL - INTERPRET LAWS
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IN THE U.S.A. THERE ARE 2 COURT SYSTEMS: FEDERAL AND STATE
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EACH SYSTEM HAS A RIGHT TO HEAR CERTAIN KINDS OF CASES
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THE RIGHT TO HEAR A CASE IS CALLED JURISDICTION!!!
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FEDERAL COURTS HEAR CASES OF NATIONAL CONCERN
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LIKE…CASES INVOLVING THE U.S. GOVERNMENT AND ITS OFFICIALS
FOREIGN AMBASSADORS, MINISTERS, OR CONSULS 2 OR MORE STATES CITIZENS OF DIFFERENT STATES A STATE OR ITS CITIZENS AND A FOREIGN GOVT. OR ITS CITIZENS
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WHAT THE CASE IS ABOUT CAN ALSO PUT IT UNDER FEDERAL JURISDICITON
CASES INVOLVING THE CONSTITUTION CASES INVOLVING LAWS AND TREATIES OF THE U.S. CASES INVOLVING ADMIRALTY AND MARITIME LAWS
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THE FEDERAL SYSTEM HAS ONE SUPREME COURT AND 2 LOWER COURTS
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SUPREME COURT COURTS OF APPEALS DISTRICT COURTS
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THE DISTRICT COURTS ARE THE LOWEST LEVEL OF FEDERAL COURTS
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THEY ARE THE COURTS OF ORIGINAL JURISDICTION
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EACH STATE HAS AT LEAST ONE FEDERAL DISTRICT COURT IN IT
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THE U.S. COURT OF APPEALS WAS SET UP IN 1891 TO RELIEVE THE
SUPREME COURT FROM HEARING ALL APPEALS FROM THE DISTRICT COURTS
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THERE ARE 11 JUDICAL CIRCUITS SET UP IN THE U.S.
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EACH HAS A COURT OF APPEALS
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THAT ARE APPEALED FROM THE
THE COURT OF APPEALS ONLY HEARS CASES THAT ARE APPEALED FROM THE DISTRICT COURTS
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AND AT THE HIGHEST LEVEL OF THE FEDERAL COURT SYSTEM...
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THE SUPREME COURT
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THE SUPREME COURT HAS 9 MEMBERS
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THEY ARE APPOINTED FOR LIFE
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The U.S. Supreme Court Stephen Breyer Samuel Alito Elena Kagan
Sonia Sotomayor Elena Kagan Clarence Thomas Antonin Scalia John Roberts Anthony Kennedy Ruth Bader Ginsburg
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APPOINTED BY A PRESIDENT
EACH JUSTICE WAS APPOINTED BY A PRESIDENT AND APPROVED BY MEMBERS OF SENATE
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THERE ARE NO QUALIFICATIONS FOR JUSTICES
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THE CHIEF JUSTICE IS John Roberts
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HE WAS APPOINTED TO BE CHIEF JUSTICE BY George W. Bush
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CASES HEARD BY THE SUPREME COURT FALL INTO 3 CATEGORIES
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1. ORIGINAL JURISDICTION
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CASES IN WHICH ANY OF THE 50 STATES ARE A PARTY
THESE ARE CASES INVOLVING LEGAL PROCEEDINGS AGAINST AMBASSADORS OF FOREIGN NATIONS. OR CASES IN WHICH ANY OF THE 50 STATES ARE A PARTY
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BOTH KINDS ARE RARE!!!
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2. APPEALS FROM STATE SUPREME COURTS
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3. APPEALS FROM LOWER FEDERAL COURTS
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CHOOSE WHICH APPEALS CASES
THE COURT CAN CHOOSE WHICH APPEALS CASES IT WANTS TO HEAR
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IT USUALLY CHOOSES CASES INVOLVING BASIC CONSTITUTIONAL PRINCIPLES
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CONFLICTING DECISIONS
OR TO ISSUES ON WHICH COURTS OF APPEALS IN DIFFERENT CIRCUITS HAVE REACHED CONFLICTING DECISIONS
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WHEN LAWS ARE DECLARED UNCONSTITUTIONAL...
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THIS IS JUDICIAL REVIEW
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