ch8 the judicial branch 8-2 how courts are organized
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Ch8 The Judicial Branch
8-2 How Courts Are Organized
District Court-all federal cases begin here-original jurisdiction –trials are held w/judge,jury,& witnesses (guilt or innocence is decided)-94 district courts, at least one for each state
US courts of Appeal
Supreme CourtJusticesNo JuryDecisions are final
Appellate jurisdiction Review lower courts decision 3 decisions-uphold, reverse, remandDO NOT decide guilt or innocence
-fair trial and rights protectedCan appeal to Supreme Court
2. Appeals Court -review lower courts decisions
-appellate jurisdiction -lawyers appeal when:
-they think the law was applied incorrectly-used wrong procedures-new evidence
-panel of 3 or more judges reviews case records
-DO NOT decide guilt or innocence -rule on fair trial and if rights were protected-decision is usually final but may
appeal to Supreme Court
-decisions-uphold original decision-reverse decision-remand the case
3. announcing the decision -judge writes an opinion
-sets a precedent -does not have the force of law
4. federal judges -chief decision makers in the Judicial Branch-more than 550 judges-2/district court-appeals courts have 6-27 judges-Supreme Court has 9 justices-most federal judges serve for life
-job security-free from public pressure
-can be removed by impeachment
5. selection of judges-appointed by president
-senate approval-no specific qualifications-most judges usually share same political party, political ideas, and judicial ideas as president
-senatorial courtesy is usually followed for district court judges
-presidents submits name of judicial candidate to the 2 senators from the candidates state
-if rejected by 2 senators, president selects another candidate
-if accepted, names goes to senate for approval
6. other court officials -clerks-secretaries-court reporters-probation officers
-magistrate for district courts-take care of judges routine work -issue court orders (subpoena)
-search warrants-arrest warrants
-hear preliminary evidence to decide if a case should be brought to trial
-decide if a person who was arrested should be released or held in jail
-may hear minor cases
-U.S. attorney-governments lawyer-prosecute people accused of breaking federal laws-represent U.S. in civil cases-appointed to 4 yr. terms by president w/senate approval-report to attorney general
-U.S marshal-make arrests-collect fines-take convicted people to prison-protect jurors-keep order in federal court-serve legal papers
-subpoenas-work for justice department-appointed by president w/senate approval
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