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Published byHeather Thompson Modified over 9 years ago
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Supreme Court State Courts Local Courts
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Qualifications No qualifications Appointed by President- approved by Senate Senatorial Courtesy › President asks for recommendations from state senates
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Serve for life** Cannot get a pay cut ** They CAN be impeached
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Qualifications Must be 21 years old Registered voter Able to practice law Lives in district Elected by people, 8 year term limit
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Original: having the authority to hear a case for the first time Appellate: having the authority to review a case to see if the law was applied fairly Ability to give orders in a certain area
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Exclusive Jurisdiction- cases can state at state or federal level…. Can only be one Concurrent jurisdiction- cases can start at EITHER state or federal level- they both have the power to hear the case
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Has original jurisdiction for federal cases 94 total with at least one for each state Cases are heard by judge and juries 90% of all federal cases start here Only federal court that hears a case ad reaches verdict (guilty/not guilty)
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Marshall- protect jurors, arrest criminals, serve subpoenas, collect fines Grand Jury- decides if there's enough evidence to try case District Attorney- prosecutes people accused of breaking the law (federal lawyer- Cabot SVU) Attorney/Public Attorney- rep defendant Judge- issues the sentence Jury- usually 12* decides guilty/innocence
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AKA Appellate Courts, Circuit Courts, Court of Appeals Has appellate jurisdiction Appeal- lawyer thinks law was applied incorrectly, appeals for review of lower courts decision 3 judge panel makes decision: › Overturn (change outcome) › Deny (not give another chance) › Remand (send back to lower court)
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AKA SCOTUS 1 chief justice + 8 associate = 9 justices Justices are appointed by the President and approved by the Senate Original Jurisdiction only in 2 situations: › Case involving foreign diplomats › Cases between states Appellate Jurisdiction when Constitutional issues
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Original jurisdiction in 6 types of cases › US Military Court of Appeals › US Tax Court › US Court of International Trade › US Court of Federal Claims › Land Claims › Bankruptcy Court
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1. SCOTUS selects case for docket and reviews lawyer briefs 2. Oral arguments take place in which justices ask questions 3. Justices conference and vote- majority wins 4. Decisions are written and released to public › Majority decision › Dissenting decision › Concurring decision (agree, but for different reason)
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1. Federal judges qualifications? Term length? 2. State judges qualifications? Term length? 3. Explain the levels of courts for the judicial branch 4. What's the difference between appellate and original jurisdiction? 5. What powers does the legislative branch have over the judicial branch? 6. What powers foes the executive branch have over the judicial branch? 7. What powers does the judicial branch have over the legislative and judicial branches?
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NC Constitution, Article IV …Justices of the Supreme Court, Judges of the Court of Appeals, and regular Judges of the Superior Court shall be elected by the qualified voters and shall hold office for terms of eight years and until their successors are elected and qualified. Justices of the Supreme Court and Judges of the Court of Appeals shall be elected by the qualified voters of the State….. The Supreme Court shall consist of a Chief Justice and six Associate Justices, but the General Assembly may increase the number of Associate Justices to not more than eight. Analyze this excerpt. Who elects NC Judges? Term length? How many people are on the NC Supreme Court?
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District- lowest level Superior level Appeals- three judge panel set to review Supreme- highest level
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Has original jurisdiction for misdemeanors and civil suits less than $10,000 Judge decides guilty/innocent and issues sentences
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Has original jurisdiction for felonies and civil cases $10,000 or more Jury decides guilty/innocent Judge issues sentences
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aka NC Appellate Court, Circuit Courts Has appellate jurisdiction Three judge panel makes decisions to: › Keep › Remand › Overturn
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1 chief justice and 6 associate justices= 7 Judges are elected for 8 year terms, no limits Appellate jurisdiction only Final say on all NC Constitution issues
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Hears more cases Hears cases dealing with ONLY state issues Hears crimin al and civil cases Hears less cases Hears cases dealing with federal issues
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1. Explain this graphic. 2. Where does a case start? 3. What type of jurisdiction does a court have when they try the case for the 1 st time? 4. The 2 nd time?
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1. Differentiate between original and appellate jurisdiction. Give and example of each. 2. Explain the levels of federal courts. 3. Draw a venn diagram comparing and contrasting state and federal courts. 4. In your opinion, which BRANCH has the most power? Why?
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Criminal Someone has violated a law, a crime has been committed. Prosecutor v. Defendant Give 3 examples of a criminal case Civil Cases between two parties. No crime has been committed. Plaintiff v. Defendant Give 3 example of a civil case.
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