the judicial system. equal justice under law two basic types of law criminal law & civil law

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 individuals as members of the state.

•laws that define what acts are crimes

•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

• Common Law

• Administrative Law

• Military Law

• Constitutional Law

Laws that are passed by lawmaking bodies are known as statutes, or statutory laws

Congress, state and local governments pass these laws

Civil laws can also be statutory laws

Usually represent what a majority of citizens believe Type of law that comes from judges’ decisions that rely on common sense and previous cases (precedents)

Precedents: an earlier court decision that guides judges’ decisions in later cases Laws created by government agencies

Law that governs the behavior of men and women in all branches of the US armed forces.

The backbone of military law is the Uniform Code of Military Justice

Includes laws similar to civilian (non military) laws, as well as laws that are specific to military issues (desertion, military trial processLaw that is based on the Constitution and on the Supreme Court decisions interpreting the Constitution

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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

http://www.posterenvy.com/catalog/ss056thumb%20-%20The%20federal%20court%20system.jpg

U.S. Supreme Court

U.S. Court of Military Appeals

Military Courts

12 U.S. Court of

Appeals

Federal Regulatory Agencies

Territorial Courts

US Court of the

District of Columbia

US Tax

Court

US Court of Appeals for the

Armed Services

US Court of Federal

Claims

U.S. Court of Appeals

for Veterans Claims

94 U.S. District Courts

Length of Service for Judges Type of Judge Term limit

US Supreme Court Life Appointed by President with the consent of Senate

US Court of Appeals Life Appointed by President with the consent of Senate

US District Courts Life Appointed by President with the consent of Senate

US Court of International Trade Life Appointed by President with the consent of Senate

US Tax Court 15 years Appointed by President with the consent of Senate

US Court of Appeals for the Armed Services

15years Appointed by President with the consent of Senate

US Court of Federal Claims 15 years Appointed by President with the consent of Senate

US Court of Appeals for Veterans Claims

15 years Appointed by President with the consent of Senate

US Territorial Court 10 years Appointed by President with the consent of Senate

US Federal Courts

http://www.uscourts.gov/Court_Locator.aspx

13= Circuit Court of Appeals (12 Circuits+ 1 Federal Court of Appeals for the Federal Circuit)

94 Districts Courts

11th Circuit • 11th Circuit includes Alabama, Georgia, & Florida

• Florida is divided between three regions:

Northern, Middle, and Southern

Federal District Court Judges • are appointed to the bench by the

President, with the advise and consent of the Senate.

• can only be removed from office through impeachment

Federal District Court Judges • are trial judges

• conduct both civil and criminal trials

• they do not make laws, they rule on court

procedures and apply relevant law to the facts of the case

• decide who wins when there is no jury and sets the remedy for

What are the Different Types of Appeals Courts?

• 12 US Court of Appeals

• US Court of Appeals for the Federal Circuit

• US Court of Appeals for the Armed Services

(Article I Appeals Court)

United States Court of Appealsfor the

Eleventh Circuit

• The appeals court for the 11th Circuit is located in Atlanta, Georgia

US Court of Appeals Judges

• 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.

• can only be removed from office through impeachment

US Court of Appeals Judges • have only appellate jurisdiction

• do not hold trials

• panel of least three judges examine the records of the district court trial and hear arguments from lawyers on both sides

• do not determine whether the accused is innocent or guilty

US Court of Appeals for the Armed Forces

• appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice.

• 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• has mostly appellate jurisdiction; some

limited original jurisdiction

• do not hold trials

• 1 chief justice, 8 associate justice

• do not determine whether the accused is innocent or guilty

allows the lower-court ruling to

stand

Step 3Case is appealed to the

Supreme Court

Step 4Supreme Court

rules on the case

Step 2Case is appealed to a

federal court of appeals

Step 1Case is filed and ruled upon

in a federal district court

agrees to hear the case

The Supreme Court either

sends the case back to the lower court to

reconsider it

sends the case back to the lower

court to reconsider it

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.

• they hear preliminary, or introductory, evidence and decide if a case should be brought to trial.

• 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• Each district has a United States

attorney and one or more deputies.

• The job of these lawyers is to prosecute people accused of breaking federal law.

• They also represent the government in civil cases in which the government is involved.

US Attorney

• U.S. attorneys are appointed to four-year terms by the president.

• They have to be approved by the Senate.

U.S. Marshal • Each federal judicial district also has a

United States Marshal.

• Marshals and their staffs make arrests, collect fines, and take convicted persons to prison.

• 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 Total Number of Judgeships

Supreme Court 9

Court of Appeals 179

District Courts 677

Court of International Trade 9

TOTAL 874

Supreme Court • More than 8,000-10,000 case are filed with

the court each year

• Only about 70-150 are decided with or without a formal opinion

• Usually select cases that deal with constitutional issues

Supreme Court • 4 of the 9 justices must vote to hear a case

• The decision of the lower court remains in effect if the Supreme Court refuses to review

• The court may remand, or return, a case to a lower court for a new trial.

Supreme Court Hearing and Deciding Cases

• Oral Arguments- each side gets thirty minutes to present their arguments to the Court

• 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

• After deliberation and voting- the court delivers its opinion

• Opinion- a written statement by the US Supreme Court explaining its reasoning behind a decision

• The opinion is binding on all lower courts

Supreme Court Hearing and Deciding Cases

Other types of opinions-• Concurring opinion – a statement

written by a Supreme Court justice who agrees with the majorities decisions but for different reasons

• 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?

• Tinker v. Des Moines Independent.

Community School District

• Miranda v. Arizona

• Brown v Board of Education

http://www.uscourts.gov/FederalCourts.aspx

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http://www.phschool.com/atschool/mapmaster/common_maps/mapviewer.html

http://www.uscfc.uscourts.gov/about-court

http://www.uscfc.uscourts.gov/sites/default/files/court_info/Court_History_Brochure.pdf

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 isA. CongressB. The President C. The U.S. District CourtsD. 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 governmentB. Congress' authority to make laws C. The process of appealing cases to a higher courtD. 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 branchesC. The ability to enforce the law consistent with the ConstitutionD. 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 toA. Determine the guilt of an individualB. Settle disputes between individualsC. Settle disputes between statesD. Ensure that proper procedures are followedE. All of the above

6. Federal Courts get their power fromA. Judges and lawyersB. The people through the ConstitutionC. The House and the SenateD. Through nominations by the PresidentE. 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.