The federal Court System

The federal Court System

Jobs of the Court

1.Civil Disputes -Court settle disputes (arguments)

• The court uses the law to make a decision• Cases deal with Money or taking away

rights – Example-Roommate did not pay rent you

want $$$

2.Criminal cases- cases people are accused of breaking the law • Lawyers show evidence and Jury makes

decision• Example- Stealing, Murder…

3.Accused people right to trial, lawyer

• Can’t afford a lawyer court will give them one

• Goal of courts is Equality under law

Federal Court system Article III of the Constitution

• Supreme Court highest court• congress make lower courts

Three levels of Courts

• 1.Lower district court- trial first

• 2.appeals court middle- fight guilty decision I lower court

• 3. Supreme Court• States have own courts

Jurisdiction- which court has power over the case

1.law broken applies to US Constitution > Fed Court

• example- A person is not allowed to speak at a rally sues for taking freedom of speech.

2 Cases involving Fed laws> Fed court

• example- Somebody printing Fake money

3 Disagreement between state governments>Fed Court

• example- Nevada sues California

4 Lawsuits citizens of different states > Fed Court

• example- person from Texas sues a person from California over fake EBAY purchase

5 Someone sues US gov or US gov sues someone > Fed Court

• example- Gov sued a company because they didn’t build jets the gov payed for.

6 Foreign governments between Us citizen or US government

• example- A broken treaty

7 Accidents or crimes on oceans> Fed Court• example- Murder by an American on an

American cruise line8 Cases involving US diplomat> Fed Court• example- worker at the Mexican embassy

is charged with murder.

2 Types of Jurisdiction

• Exclusive- one court has power over case• Concurrent Jurisdiction- State and Fed

Courts share power and control

The Organization of Federal Courts

• There are three levels of Federal Courts

I. US District Courts (lowest level of courts)

• -District courts are where trial (criminal) and Lawsuits (civil) start

• -Each state has minimum 1 district court• -District courts have original jurisdiction

(hear the case first time)• -Hear both civil and Criminal cases• -Only court that involve witnesses & juries

II. US Courts of Appeals

• -Lose in district court appeal next level

• (Once proven innocent there is no appeal)• -Appeals court- jurisdiction to review

decision of lower court• -There are 12 US courts of Appeals

covers an area on US map (circuits)

Trial Judges review cases and listen to lawyers do not decide guilt or innocence • -Decide if original trial was fair and

protected rights• -Uphold original decision• -Reverse the original decision• -Remand the case- send it back

to a lower court• -Most cases end at appeals court

some make it to the Supreme Court

III Supreme Court Cover later

Federal Judges

• -Each district has minimum 2 judges• -Each Appeals court has 6-27 judges• -Supreme Court has 9 Justices

President appoints judges- senate approves them

• -Judges serve for Life• -Judges can be impeached and

removed

Job of Judge• -Hear preliminary evidence• -Determine whether case goes to trial• -Decides if accused jailed or released

on bail

US Attorneys- government lawyer prosecutes people accused

-Defend the government when they are being sued

US Marshals-(US Police) • -Collect evidence/ arrest people/ take the

convicted to prison/ protect witnesses

THE US SUPREME COURT

I. The Supreme Court Justices

• -Main job us Sup Court decide whether laws are Constitutional -allowed by constitution

• Cases arrive to Supreme Court from appeal Court• -Cases involving State & Foreign

Diplomats straight to Sup Crt• -Sup Crt chooses what cases to listen too• -Decision of Crt is Final

The justices

• -There are 8 justices and 1 Chief Justice• -Give a written explanation of all

decision• -Each judge gets 1 vote of decision• -President chooses Justice, senate approves• -To be chosen-Lawyer, Great career, agree

ideas of President

II Powers of the Court

• -Legislative (congress ) and Executive (president ) branches must follow court decision

• -Court has Judicial Review-Power to say if law or Gov actions are constitutional

3 principals of Judicial Review

• 1.constitution supreme Law• 2.IF law goes against Constitution,

constitution wins• 3.Judicial Branch duty support

Constitution

Judicial review controls power of Executive and Legislative Branch

(Example Prop 187 passed in CA 1994)

• -Law Stated NO illegal immigrant can get- Education or Healthcare by gov

• -Supreme court said law was unconstitutional-Gov can not deny education or healthcare to anybody

III Limits on the Courts Power

• Supreme court cannot enforce laws• Executive Branch, States, Local Gov enforce laws

with- military, state police, city police• Congress can make new laws that change

constitution• -Congress can vote to impeach a Justice• -Laws must be challenged in lower District

courts before Supreme Court can decide it’s unconstitutional.

Deciding Cases at the Supreme Court

• I. How Cases Reach the Court.• -Court runs from October – July• -Each month’s justices listen cases for 2

weeks& 2 weeks writing opinions• -Supreme courts gets cases from

Appeals court• -7000 cases apply to be heard by

Supreme Court per year

• -Justices agree to hear less than 200• - 4 of nine justices must agree to

hear cases• -Choose cases involving

constitutional issues• -All accepted cases are put on

docket- calendar

II. Steps in Decision Making

The 5 steps• 1.    Lawyer make written explanation of

their side-Brief• 2.    Each sides lawyers gets 30 minutes to

talk about their case• 3.Court makes a decision (1 vote per

justice) One justice writes a majority opinion- why they made the decision

4.  Those who disagree with majority- write dissenting opinion- why they disagree with other justices

5. Court announces the decision- gives copies to news, post on website

IF ALL JUSTICES AGREE-UNANIMOUSE DECISION

III. Reasons for court Decision

• 1.    Law is most important influence on decision• 2.    Justices consider what Constitution says• a.     Look back at older decision• 3.    Laws must be flexible to change with times• 1800’s segregation based on color was legal-

today that is illegal.