The Judicial System Equal Justice under Law Two basic types of law Criminal Law & Civil Law Criminal Law • defined as the body of law that regulates the conduct of.
Download ReportTranscript The Judicial System Equal Justice under Law Two basic types of law Criminal Law & Civil Law Criminal Law • defined as the body of law that regulates the conduct of.
The Judicial System
Equal Justice under Law
Two basic types of law
Criminal Law & Civil Law
Criminal Law
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defined as the body of law that regulates the conduct of individuals as members of the state.
•
laws that define what acts are crimes
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intended to protect society
Civil Law
• Civil Law defined as the body of law that governs relationships among individuals and that defines people’s legal rights a. group of laws that refer to disputes between people b. are used to settle a wide range of personal issues such as contract disputes, divorce proceedings, and property boundaries.
Sources of Law
• Statutory Law Laws that are passed by lawmaking bodies are known as statutes, or statutory laws • Administrative Law Laws created by government agencies • Military Law Law that governs the behavior of men and women in all branches of the US • Constitutional Law The backbone of military law is the Uniform Code of Military Justice
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Jurisdiction
The authority to interpret and administer the law; also the range of that authority
There are two types of jurisdiction
Original Jurisdiction
The authority of a court to be the first court to hold trials in certain kinds of cases
Appellate Jurisdiction
The authority of some courts to review decisions made by lower courts
Federal Courts System U.S. Supreme Court
U.S.
Court of Military Appeals
US Court of Appeals for the Armed Services
Military Courts US Tax Court 12 U.S. Court of Appeals Territorial Courts
94 U.S. District Courts
Federal Regulatory Agencies US Court of the District of Columbia
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US Court of Federal Claims U.S. Court of Appeals for Veterans Claims
Length of Service for Judges
Type of Judge Term limit
US Supreme Court US Court of Appeals US District Courts US Court of International Trade US Tax Court Life Life Life Life 15 years US Court of Appeals for the Armed Services US Court of Federal Claims 15years 15 years US Court of Appeals for Veterans Claims US Territorial Court 15 years 10 years Appointed by President with the consent of Senate Appointed by President with the consent of Senate Appointed by President with the consent of Senate Appointed by President with the consent of Senate Appointed by President with the consent of Senate Appointed by President with the consent of Senate Appointed by President with the consent of Senate Appointed by President with the consent of Senate Appointed by President with the consent of Senate
US Federal Courts
13= Circuit Court of Appeals (12 Circuits
+ 1 Federal Court of Appeals for the Federal Circuit)
94 Districts Courts
http://www.uscourts.gov/Court_Locator.aspx
11
th
Circuit
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11 th Circuit includes Alabama, Georgia, & Florida
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Florida is divided between three regions: Northern, Middle, and Southern
Federal District Court Judges
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are appointed to the bench by the President, with the advise and consent of the Senate.
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can only be removed from office through impeachment
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Federal District Court Judges
are trial judges
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conduct both civil and criminal trials
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they do not make laws, they rule on court procedures and apply relevant law to the facts of the case
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decide who wins when there is no jury and sets the remedy for
What are the Different Types of Appeals Courts?
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12 US Court of Appeals
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US Court of Appeals for the Federal Circuit
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US Court of Appeals for the Armed Services (Article I Appeals Court)
United States Court of Appeals for the Eleventh Circuit
• The appeals court for the 11 th Circuit is located in Atlanta, Georgia
US Court of Appeals Judges
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are just like Federal District judges in that they are appointed to the bench by the President, with the advise and consent of the Senate.
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can only be removed from office through impeachment
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US Court of Appeals Judges
have only appellate jurisdiction
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do not hold trials
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panel of least three judges examine the records of the district court trial and hear arguments from lawyers on both sides
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do not determine whether the accused is innocent or guilty
US Court of Appeals for the Armed Forces
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appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice.
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is composed of 5 civilian judges appointed for 15-year terms by the President with the advice and consent of the Senate.
The Supreme Court
US Supreme Court Justices
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has mostly appellate jurisdiction; some limited original jurisdiction
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do not hold trials
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1 chief justice, 8 associate justice
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do not determine whether the accused is innocent or guilty
sends the case back to the lower court to reconsider it Step 1 Case is filed and ruled upon in a federal district court Step 2 Case is appealed to a federal court of appeals Step 3 Case is appealed to the Supreme Court sends the case back to the lower court to reconsider it The Supreme Court either agrees to hear the case Step 4 Supreme Court rules on the case allows the lower court ruling to stand
Judicial Review
Other Court Officials
Judges do not work alone. They have help from clerks, secretaries, court reporters, and other workers. Each district court also has three key officials.
Magistrates
• • •
do much of a judge’s routine work. they issue court orders, such as search warrants.
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they hear preliminary, or introductory, evidence and decide if a case should be brought to trial.
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they decide whether people under arrest should be held in jail or released on bail.
they may also serve as judges in minor cases.
Magistrates
• are appointed by a majority of the federal judges in a district. • do not have lifetime appointments. • serve terms of eight years and can be reappointed.
US Attorney
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Each district has a United States attorney and one or more deputies.
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The job of these lawyers is to prosecute people accused of breaking federal law.
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They also represent the government in civil cases in which the government is involved.
US Attorney
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U.S. attorneys are appointed to four year terms by the president.
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They have to be approved by the Senate.
U.S. Marshal
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Each federal judicial district also has a United States Marshal.
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Marshals and their staffs make arrests, collect fines, and take convicted persons to prison.
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They protect jurors, keep order in federal courts, and deliver subpoenas.
subpoena(suh•PEE•nuh)
is a court order that requires a person to appear in court.
Article III Judgeships Court Supreme Court Court of Appeals District Courts Court of International Trade
TOTAL
Total Number of Judgeships 9 179 677 9
874
Supreme Court
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More than 8,000-10,000 case are filed with the court each year
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Only about 70-150 are decided with or without a formal opinion
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Usually select cases that deal with constitutional issues
Supreme Court
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4 of the 9 justices must vote to hear a case
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The decision of the lower court remains in effect if the Supreme Court refuses to review
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The court may remand, or return, a case to a lower court for a new trial.
Supreme Court
Hearing and Deciding Cases
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Oral Arguments- each side gets thirty minutes to present their arguments to the Court
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Justices read written arguments and consider what was said in court
• • •
Then a private meeting is held to vote. Each justice gets one vote a simply majority is needed
Supreme Court
Hearing and Deciding Cases
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After deliberation and voting- the court delivers its opinion
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Opinion- a written statement by the US Supreme Court explaining its reasoning behind a decision
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The opinion is binding on all lower courts
Supreme Court
Hearing and Deciding Cases
Other types of opinions-
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Concurring opinion – a statement written by a Supreme Court justice who agrees with the majorities decisions but for different reasons
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Dissenting Opinion- a statement written by a Supreme Court justice who disagrees with the majorities decision
How do other branches of government check the powers of the Judicial Branch?
How has the Supreme Court made sure that the Constitution applies to all Americans?
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Brown v Board of Education
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Tinker v. Des Moines Independent. Community School District
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Miranda v. Arizona
http://www.uscfc.uscourts.gov/sites/default/ files/court_info/Court_History_Brochure.pdf
http://www.uscfc.uscourts.gov/about-court http://www.uscourts.gov/FederalCourts.aspx
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Evaluating
Why are federal judges appointed for life at a fixes salary (cannot be lowered during their term)?
1. The highest court in the land and the final decider of constitutional questions is A. Congress B. The President C. The U.S. District Courts D. The U.S. Circuit Courts of Appeal E. The Supreme Court of the United States 2. What is meant by the term judicial review?
A. The name of the third branch of government B. Congress' authority to make laws C. The process of appealing cases to a higher court D. The courts' authority to enforce the laws E. The courts' authority to declare a law or an act unconstitutional 3. An important attribute of the judiciary is A. The ability to make laws consistent with the Constitution B. The judiciary's independence from the other two branches C. The ability to enforce the law consistent with the Constitution D. All of the above E. None of the above 4. How can law-abiding citizens get involved in the court system?
A. Serving on juries B. Acting as witnesses C. Resolving disputes using the judicial system D. All of the above E. None of the above 5. Courts are established to A. Determine the guilt of an individual B. Settle disputes between individuals C. Settle disputes between states D. Ensure that proper procedures are followed E. All of the above 6. Federal Courts get their power from A. Judges and lawyers B. The people through the Constitution C. The House and the Senate D. Through nominations by the President E. The federal bureaucracy True or False 7. ______ Errors of law and imperfections in the American justice system are mainly corrected by the trial courts. 8. ______ Judges rely on public defenders, among others, to help ensure the fair and impartial administration of justice. 9. ______ Trial courts are responsible for determining the facts of a particular legal case. 10. ______ The judicial branch is called the third branch. It is equal to the executive branch and the legislative branch.