Presentation is loading. Please wait.

Presentation is loading. Please wait.

The Judicial Branch The main job of the Judicial Branch is to interpret the laws!

Similar presentations


Presentation on theme: "The Judicial Branch The main job of the Judicial Branch is to interpret the laws!"— Presentation transcript:

1 The Judicial Branch The main job of the Judicial Branch is to interpret the laws!

2 Criminal and Civil Cases Criminal- decision is made by a judge or a jury as to if one has committed a crime -mostly tried in state courts *Federal Court Examples: bank robberies, Income Tax Invasion *State Court Examples: murder, rape

3 Civil- a case where two sides disagree over an issue -parties in a suit could be a person, company, business, or government *Federal Court examples: labor relations, copyright laws, civil rights *State Court Examples: Auto Accident, Divorce

4 The United States has two Court Systems Federal Courts State Courts (hear most cases)

5 The Federal Court System Under the Articles of Confederation (1781-89), there was no federal court system- states governed with their own laws and courts- no guarantee of equal protection from state to state Article III of the Constitution established a federal court system (Judiciary Act of 1789 set up district courts and circuit courts) (Now we have 3 courts- district, appeals, and supreme) -Congress would have the power to create lower courts (check and balance): Federal District Courts and Appellant Courts

6

7 Federal Court Jurisdiction * Jurisdiction-a court’s authority to hear and decide cases Article III allows federal courts exclusive jurisdiction in specific areas (only Federal Courts can hear Federal Cases) 1.Constitutional Right has been violated 2.Federal Laws- try people accused of violating federal law 3.Maritime Laws- crimes/ accidents that occur at sea 4.Disputes Involving the United States Government

8 5. Controversies between states 6. Controversies between citizens of different states (must involve cases with suits of $50,000 or more) 7. Disputes involving a foreign government 8. United States diplomats serving foreign countries All other matters left to the state courts Concurrent jurisdiction- crimes that violate both state and federal laws can be tried in either court system Example: bank robbery -also occurs when an individual appeals a state conviction on Constitutional grounds Example: Gideon vs Wainwright

9 District Courts Lowest lever (starting point) of the federal court system Original jurisdiction of trials and lawsuits (apx. 300,000 per year) (the authority to hear Federal Cases 1 st ) Only federal court where jury trials can be held Cover a specific geographical areas called circuits; Louisiana is the 5 th circuit

10 Each state, the District of Columbia, and the territories have at least one federal court; larger states as many as four; nearest in New Orleans 90% of all federal court work takes place at this level Trial is held in the state where the crime occurred

11 District Court Judges Each district has at least two Appointed by the President; confirmed by the Senate Duties of the judge 1.Establish court procedures 2.Explain the law to the jury 3.3. decide punishment/ fine for guilty Salary $199,100 per year (can not be reduced during term) May be impeached for misconduct (proceeding start in the House; tried in the Senate

12 Other Officials in District Court 1.Magistrate Issues court orders and hears preliminary evidence to decide if a case should go to trial Also hears minor cases 2.United States Attorney Government’s lawyer (appointed by the President; confirmed by the Senate) Job to improve that a suspect has committed a crime Represents government in civil cases Has assistant US attorneys to help with trial work

13 3.United States Marshal Job to arrest suspects, deliver defendants to court, serve subpoenas (someone must appear in court) Appointed by the President; confirmed by the Senate

14 United States Court of Appeals Appellate-Allows a court to hear appeals from a lower court Also called federal appeals courts, circuit court of appeals, appellate courts Courts above the district level, but below the Supreme Court Established by Congress to ease the case load of the Supreme Court Have only appellate jurisdiction over a specific circuit

15 Hear cases on appeal from district courts Can only appeal if 1.You are the loser at district court 2.Think the District Court judge did not follow procedure or apply the law correctly 3.New evidence that could change verdict

16 Appeals Court Judges Each appeals court has from 6 to 27 judges Salary of $211,200 Do not preside over a trial (no juries) A panel of at least 3 judges hears arguments from the attorneys from each side and reviews district court records Do not decide guilt or innocence- only rule whether the defendant’s rights were protected and/or if defendant received a fair trial

17 Only three rulings 1.Uphold district court ruling 2.Overturn district court ruling 3.Remand the case back to the district court for a new trial Decision is usually final- may be able to appeal to the Supreme Court Decision made on precedent (rulings on other court cases)

18 Special Federal Courts 1.United States Tax Court Hears appeals that deal with federal tax laws 2.United States Court of Federal Claims Hears cases that sue the government for money 3.United States Court of Military Appeals Appeals court for the armed forces 4.United States Court of International Trade Hears disputes about tariff and trade laws


Download ppt "The Judicial Branch The main job of the Judicial Branch is to interpret the laws!"

Similar presentations


Ads by Google