the last unit of the year!! article iii – judicial branch

The LAST Unit of the Year!!Article III –

Judicial Branch

Chapter 14 – StructureChapters 15 and 16 – Cases, Rights, Amendments, Etc.

21 Legis-lative Executive Judicial

National (Federal)

CONGRESS(535)

PresidentSupreme Court (9)

& other Fed courts

StateGeneral

Assembly(132)

GovernorSt. Sup. Ct (7)

&State Appeals

Courts (5)

Local City Council(6+1)

MayorCommon Pleas(2)

& Municipal (1)

My “legal” caveat…..Unfortunately I didn’t go to law school….I am a wannabe

lawyer ….this stuff is occasionally tough to grasp, (especially when we get to case law, court logic is goofy

at times)

Original JurisdictionThe authority of a court to hear a case before any other court does.

The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.

Appellate Jurisdiction

1. Use the exact words of the Constitution or try to determine the intent of the words. (Marbury v. Madison, 1803)

2. Precedents. What were previous decisions made by the court?

3. Rely on their own principles and judgment. Sometimes #1 and #2 will not work

*REMEMBER, the courts do not make law or decide if laws are wise. Their job is to

determine the constitutionality of existing laws.

How do Judges decide constitutionality?

Oversimplified View

State Courts (state law & civil cases)

• Ohio Supreme Court

• Ohio Appeals Courts

• Common Pleas, Municipal Courts

Federal Courts (Fed Law and Constitutional Issues)

• US Supreme Court

• Federal Circuit Court of Appeals

• Federal District Courts

County Courts

Common Pleas

Ohio State Supreme Court

Mayor’s Courts

Ohio Court of Appeals

MunicipalCourts

Court of Claims

Ohio’s Court Structure

(Green: Test Worthy!)

State Level Courts - OHIO

• All Judges in Ohio are elected to 6 year terms from non-partisan ballots

• Attorneys who have passed the Bar• 6 years of “practice”

- FairbornJudge Beth Root

Municipal Court :Mostly traffic court & misdemeanor crimes

Original jurisdiction in all criminal felony cases and original jurisdiction in all civil cases in which the amount in controversy is more than $500.

Greene County Common Pleas

Xenia Common Pleas

General Division Judges

Stephen Wolaver and Michael Buckhalter

Common Pleas – 4 Divisions• General Division – Civil and Criminal• Domestic Relations – Divorces,

dissolutions; child custody cases• Juvenile Division• Probate Court – Descendants’

estates; mental illness; adoptions; marriage licenses

Ohio’s 2nd District Court of Appeals(Located in Dayton, travel among six counties they serve)

Chief Justice Maureen O’Connor

First Elected in 2002; became Ohio’s First Female Chief

Justice Jan. 1, 2011

Landmark US Cases from OSC

• Mapp v. OH• Terry v. OH

• Brandenburg v. OH

Onto the Federal level… where ALL judges are appointed

Appeals from State Supreme Courts

U.S. District Courts

Federal and Local

Jurisdiction

U.S. Supreme Court

The United States Court System

U.S. Court of Appeals -12+1 Circuits

U.S. District Courts

Federal Jurisdiction

only

Administrative Agencies

(Tax Courts, etc…)

Article III“The Judicial Power of the U.S. shall be vested in one Supreme Court and

in such inferior courts as the Congress may…..establish”

Judiciary Act 1789

• Creates the Federal Court system as well as an Attorney General

• “Ride the Circuit”• John Jay• John Marshall – 4th CJ - 1801-1835• 112 Justices on the Supreme Court in all of

American History including 17 Chief Justices.

Congress and the Federal Courts

• Determines number of judges and where they work• President chooses, Senate Confirms• Congress controls the court’s budget

(less than 1% of federal budget)

“…persons of equal and impartial justice under the law”

Chief Justice

John Roberts

The Roberts Court 2013

Sotomayor (L)

Thomas (C) Roberts (C)

Kagan (L)

Ginsburg (L)

Breyer (L) Alito (C)

Scalia (C) Kennedy (M)

8 6 4 2 1 3 5 7 9

• 1 – Roberts (2005 W. Bush)• 2 – Scalia (1986 - Reagan) • 3 – Kennedy (1988 - Bush)• 4 – Thomas (1991 - Bush)• 5 – Ginsburg (1993 - Clinton)• 6 – Breyer (1994 - Clinton)• 7 – Alito ( 2006 – W Bush)• 8 – Sotomayor (2009 - Obama)• 9 – Kagan ( 2010 - Obama)

U.S. Supreme Court’s ORIGINAL Jurisdiction

• a case between the U.S. and a state • a case between two or more states • a case brought by a state against a

citizen of another state • a case involving an ambassador or

foreign minister or consul

Today many of the original jurisdiction cases start in lower courts

Because of this, there are relatively few "original jurisdiction" cases

Usually a couple of cases a year out of 5000-7000 requests, sometimes none at all (jury on request)

U.S. Supreme Court’s APPELLATE Jurisdiction

1. “Discretionary”2. A case on appeal from the

lower federal courts. (most common)

3. A case from the "highest" state court (state supreme courts)

Opinion of the Court: A signed opinion of a majority of the Supreme Court.

Concurring Opinion: A signed opinion in which one or more justices agree with the majority view but for different reasons.

Dissenting Opinion: A signed opinion in which one or more justices disagree with the majority view.

U.S. District Courts

• 94 Districts contained in 13 circuits• 650+ Judges (Thomas Rose)• “Trial” Court of the Federal

government

• Branch in Dayton; central court in Cincy

US District Courts

U.S. District Court’s Jurisdiction (3 types)

• Federal Question Jurisdiction: cases that involve issues concerning the Constitution or other federal laws

U.S. District Court’s Jurisdiction (3 types) (CONT)

• Diversity Jurisdiction: plaintiff and the defendant have different state citizenships.

• there are exceptions to diversity jurisdiction for some cases, including probate cases and family law cases

U.S. District Court’s Jurisdiction (3 types) (CONT)

• Supplemental Jurisdiction: federal court can hear a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court.

• NOTE: supplementary jurisdiction is discretionary -- a court can choose whether or not to exercise it in a given case.

U.S. Court of Appeals

• 179 Judges contained in the 13 circuits• 16 Judges in the 6th circuit court of

appeals located in Cincinnati • First circuit has 6 judges; ninth has 29

U.S. Court of Appeals 12+1 (circuit courts)

U.S. Court of Appeals (circuit courts) CONT.

• The circuit courts do not handle jury trials.

• 3 judge panels

• They only handle cases where a party argues that a district court judge made an error in handling their case.

All of these Federal Courts discussed are known as “Article III” courts.Other “Article III” courts:

• The United States Court of Appeals for the Federal Circuit (13th): a specialized circuit court with national jurisdiction. The Federal Circuit hears appeals on most patent issues. It also serves as an appellate court for many of the "Article I” courts

• Bankruptcy Court

“Article I” Courts – judges not all life appointees

• The United States Tax Court handles cases involving the federal tax system.

• The United States Court of International Trade has jurisdiction over cases involving the international trade laws.

• The United States Court of Federal Claims hears cases involving claims for money damages against the Federal government. (tax refunds, etc… civil

• The United States Court of Appeals for the Armed Forces has worldwide jurisdiction over appeals of military court-martial cases

Executive Branch and the Federal Courts

• Appoints all federal judges• Department of Justice (Attorney

General, Solicitor General)• U.S. Marshall’s provide security

for courtrooms and judges