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