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The Judicial Branch. Federal Court Structure U.S. Supreme Court U.S. Courts of Appeal U.S. District Courts.

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Presentation on theme: "The Judicial Branch. Federal Court Structure U.S. Supreme Court U.S. Courts of Appeal U.S. District Courts."— Presentation transcript:

1 The Judicial Branch

2 Federal Court Structure U.S. Supreme Court U.S. Courts of Appeal U.S. District Courts

3 Jurisdiction Jurisdiction is the ability of a court to hear a case. Original Jurisdiction is the ability of a court to hear a case first hand—trial courts. Appellate Jurisdiction is the ability of a court to review a lower court’s decision. Discretionary Jurisdiction is the ability of a court to choose its cases.

4 Civil vs. Criminal Civil cases deal with a dispute where no law has been broken. Criminal cases deal with someone accused of violating the law

5 Legislative vs. Constitutional Courts Constitutional Courts-have broad jurisdictions- ex-Supreme Court, District Courts, Courts of Appeal -judges/justices serve life term-appt. by Pres/approved by Senate

6 Legislative vs. Constitutional Court Legislative Courts were created to hear specific cases, they have a very narrow jurisdiction ex-U.S. Tax Court, Military Court of Appeals -judges serve term of office, also appt. by Pres/approved by Senate

7 U.S. Supreme Court Jurisdiction- mainly appellate- from federal courts, also from state supreme courts -also has original jurisdiction if a state is involved in the case or an ambassador or foreign minister

8 Justices The number of SC Justices is set by Congress. They are all appt. by the Pres & approved by the Senate and serve for life. Things the Pres. considers- ideology, race/sex, experience, getting Senate approval. Interest groups involved in confirmation process.

9 How a case gets to the Supreme Court Writ of Certiorari Rule of 4 Appeal

10 Why the SC takes a case?? -The case is about a Constitutional issue. -To settle a disagreement between the U.S. Courts of Appeal -Because it’s an issue Justices are interested in -Because the Solicitor General recommends it

11 Solicitor General The Solicitor General is often called the 10 th Justice. He’s the attorney for the U.S. if the country is involved in a case before the SC. He advises the court on cases he thinks they should accept.

12 Opinions of the Court When the Court hears a case, they usually schedule oral arguments & each side gets 30 min. to argue their case. The Justices may interrupt with questions. It’s up to the Chief Justice to call for a vote & when they do, if he’s in the majority, he usually writes the majority opinion.

13 Opinions of the Court Majority Opinion- what the case was about, who won & WHY!!! Concurring Opinion- written by a Justice that agrees with the majority for a different reason. Dissenting Opinion- written by a Justice in the minority about why the Court was wrong.

14 Funky Latin Terms Stare Decisis- when the Court agrees with an earlier opinion—ex- the Court hasn’t overturned Roe V. Wade. Per Curium Decision- when the Court announces the decision in a case without explanation—no why, so not useful to lower courts. Amicus Curiae Brief- information given to the Court by a group not directly involved in the case.

15 More Terms Certiorari – an extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record case for review, SC uses to review most of the cases that it decides to hear Precedent – making of law by a court in recognizing and applying new rules while administering justice –or- a decided case that furnishes a basis for determining later cases involving similar facts or issues

16 More Terms Petitioner – a party who presents a petition to a court or other official body, especially when seeking relief on appeal Syllabus – an abstract or outline of a topic or course of study

17 Judicial activism vs. restraint Judicial Activism-when the Court takes an active role in making policy or when they interpret the Const. according to the times—ex- Dred Scott Case Judicial Restraint- the Court defers to elected officials in policy decisions

18 THE END


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