The Judicial Branch Understanding the Law and our Court System.

The Judicial BranchThe Judicial Branch

Understanding the Law and Understanding the Law and our Court Systemour Court System

Legal VocabularyLegal Vocabulary ContractContract: : A A

set of voluntary set of voluntary promises, promises, enforceable by enforceable by the law, the law, between two or between two or more parties. more parties.

WarrantyWarranty:: a.a. a stipulation, explicit or implied, in a stipulation, explicit or implied, in

assurance of some particular in assurance of some particular in connection with a contract, as of sale: connection with a contract, as of sale: an express warranty of the quality an express warranty of the quality of goods. of goods.

b.b. Also called covenant of warranty. Also called covenant of warranty. a covenant in a deed to land by which a covenant in a deed to land by which the party conveying assures the grantee the party conveying assures the grantee that he or she will enjoy the premises that he or she will enjoy the premises free from interference by any person free from interference by any person claiming under a superior title. claiming under a superior title. Compare Compare quitclaim deed, , warranty deed..

c.c. (in the law of insurance) a statement (in the law of insurance) a statement or promise, made by the party insured, or promise, made by the party insured, and included as an essential part of the and included as an essential part of the contract, falsity or nonfulfillment of contract, falsity or nonfulfillment of which renders the policy void. which renders the policy void.

d.d. a judicial document, as a warrant or a judicial document, as a warrant or writ. writ.

Personal PropertyPersonal Property: : Moveable Moveable belongings such as belongings such as clothes and clothes and jewelry, as well as jewelry, as well as intangible items intangible items like stocks, bonds, like stocks, bonds, copyrights, and copyrights, and patents.patents.

Real PropertyReal Property: land : land and whatever is and whatever is attached to or attached to or growing on it.growing on it.

Petty OffensePetty Offense: A : A minor crime, usually minor crime, usually punished by a ticket punished by a ticket rather than being rather than being arrested.arrested.

MisdemeanorMisdemeanor: A : A minor crime that is minor crime that is usually punished by usually punished by a fine or jail a fine or jail sentence of less than sentence of less than one year.one year.

FelonyFelony: A major : A major crime!crime! an offense, as an offense, as

murder or burglary, murder or burglary, of graver character of graver character than those called than those called misdemeanors, esp. misdemeanors, esp. those commonly those commonly punished in the U.S. punished in the U.S. by imprisonment for by imprisonment for more than a year more than a year

Grand JuryGrand Jury: Group : Group that hears charges that hears charges against a suspect against a suspect and decides and decides whether there is whether there is sufficient evidence sufficient evidence to bring the person to bring the person to trial.to trial.

Trial Jury/Petit JuryTrial Jury/Petit Jury: : A jury, usually 6 to A jury, usually 6 to 12 people, that sits 12 people, that sits at civil and criminal at civil and criminal trials. They weigh trials. They weigh evidence presented evidence presented at the trial and at the trial and render a verdict. render a verdict.

Hung JuryHung Jury: A jury : A jury that is unable to that is unable to reach a decision.reach a decision.

DisclaimerDisclaimer: a : a statement, statement, document, or document, or assertion that assertion that disclaims disclaims responsibility, responsibility, affiliation, etc.; affiliation, etc.; disavowal; denial. disavowal; denial.

Plea BargainPlea Bargain: The : The process in which a process in which a defendant pleads defendant pleads guilty to a lesser guilty to a lesser crime than the one crime than the one with which the with which the defendant was defendant was originally charged.originally charged.

VerdictVerdict: Decision : Decision made by a Judge or made by a Judge or Jury.Jury.

SentenceSentence: The : The punishment to be punishment to be imposed on an imposed on an offender after a offender after a guilty verdict.guilty verdict.

Criminal CaseCriminal Case: One : One which the state which the state brings charges brings charges against a citizen against a citizen for violating the for violating the law.law.

Civil CaseCivil Case: One : One usually involving a usually involving a dispute between 2 dispute between 2 or more private or more private individuals or individuals or organizations.organizations.

Voir DireVoir Dire: An oath : An oath administered to a administered to a proposed witness proposed witness or juror by which or juror by which he or she is sworn he or she is sworn to speak the truth to speak the truth in an examination in an examination to ascertain his or to ascertain his or her competence. her competence.

ComplaintComplaint: A legal : A legal document filed document filed with the court that with the court that has jurisdiction has jurisdiction over the problem.over the problem.

InjunctionInjunction: An : An order that will stop order that will stop a particular action a particular action or enforce a rule or or enforce a rule or regulation.regulation.

SummonsSummons: An official : An official notice of a lawsuit that notice of a lawsuit that includes the date, time, includes the date, time, and place of the initial and place of the initial court appearance.court appearance.

BookedBooked: to sentence : to sentence (an offender, (an offender, lawbreaker, etc.) to the lawbreaker, etc.) to the maximum penalties for maximum penalties for all charges against that all charges against that person. person.

IndictmentIndictment: A formal : A formal charge by a grand charge by a grand jury.jury.

ArbitratorArbitrator: A person : A person chosen to decide a chosen to decide a dispute or settle dispute or settle differences, esp. one differences, esp. one formally empowered formally empowered to examine the facts to examine the facts and decide the issue. and decide the issue.

NegligenceNegligence: The : The failure to exercise that failure to exercise that degree of care that, in degree of care that, in the circumstances, the the circumstances, the law requires for the law requires for the protection of other protection of other persons or those persons or those interests of other interests of other persons that may be persons that may be injuriously affected by injuriously affected by the want of such care. the want of such care.

MediationMediation: A process : A process in which each side is in which each side is given the opportunity given the opportunity to explain its side of to explain its side of the dispute and must the dispute and must listen to the other listen to the other side.side.

Intent to ActIntent to Act: The : The state of a person's state of a person's mind that directs his mind that directs his or her actions toward or her actions toward a specific object. a specific object.

PlaintiffPlaintiff: The : The person who brings person who brings charges in court.charges in court.

DefendantDefendant: The : The person against person against whom a civil or whom a civil or criminal suit is criminal suit is brought in court.brought in court.

CriminalCriminal: : 1.1. of the nature of of the nature of

or involving crime. or involving crime. 2.2. guilty of crime. guilty of crime. 3.3. of or pertaining of or pertaining

to crime or its to crime or its punishment: punishment: a a criminal criminal proceeding.proceeding.

DamagesDamages: The : The estimated money estimated money equivalent for equivalent for detriment or injury detriment or injury sustained. sustained.

ArraignmentArraignment: The : The procedure during procedure during which the judge which the judge reads the formal reads the formal charge against the charge against the defendant and the defendant and the defendant pleads defendant pleads guilty or not guilty.guilty or not guilty.

I. The Basics of our Court SystemI. The Basics of our Court System

Judicial Branch: Judicial Branch: ARTICLE III COURTS - ARTICLE III COURTS - These are federal courts These are federal courts established by, or under Article III established by, or under Article III of the U.S. Constitution which of the U.S. Constitution which states: 'The judicial Power of the states: 'The judicial Power of the United States, shall be vested in United States, shall be vested in one supreme Court, and in such one supreme Court, and in such inferior Courts as the Congress may inferior Courts as the Congress may from time to time ordain and from time to time ordain and establish.'establish.'

Dual Court SystemDual Court SystemState Courts and Federal CourtsState Courts and Federal Courts

50 State Court Systems50 State Court Systems State Supreme CourtsState Supreme Courts Intermediate Appeals CourtsIntermediate Appeals Courts State Trial CourtsState Trial Courts Municipal Courts and other Courts Municipal Courts and other Courts

of Limited Jurisdictionof Limited Jurisdiction

Federal Court SystemFederal Court System

Constitutional CourtsConstitutional Courts Regular Courts Regular Courts U.S. Supreme CourtU.S. Supreme Court Inferior CourtsInferior Courts 13 US Courts of Appeal13 US Courts of Appeal       1 US. Court of Appeal for the Federal Circuit1 US. Court of Appeal for the Federal Circuit 94 US District Courts94 US District Courts Special CourtsSpecial Courts US Court of International TradeUS Court of International Trade Legislative CourtsLegislative Courts ·  ·   US Territorial Courts in Guam, US Virgin Islands, US US Territorial Courts in Guam, US Virgin Islands, US

Mariana Mariana Islands Islands · · U.S. Court of Appeals for the Armed Forces · · U.S. Court of Federal ClaimsU.S. Court of Federal Claims · · U.S. Court of Veterans AppealsU.S. Court of Veterans Appeals · · U.S. Tax CourtU.S. Tax Court

Jurisdiction:Jurisdiction:The right, power, or authority to The right, power, or authority to administer justice by hearing and administer justice by hearing and determining controversies. determining controversies. Also: the extent or range of judicial, Also: the extent or range of judicial, law enforcement, or other authoritylaw enforcement, or other authorityand the territory over which authority and the territory over which authority is exercised. is exercised.

Federal Court Jurisdiction:Federal Court Jurisdiction: In general, federal courts may decide In general, federal courts may decide

cases that involve:cases that involve: TheThe United States governmentUnited States government The United StatesThe United States Constitution or federal lawsConstitution or federal laws Controversies between states orControversies between states or between the between the

United States and foreign governmentsUnited States and foreign governments. . A case that raises such a A case that raises such a "federal question""federal question" may may

be filed in federal court. Examples of such cases be filed in federal court. Examples of such cases might include a claim by an individual for might include a claim by an individual for entitlement to money under a federal entitlement to money under a federal government program such as Social Security, a government program such as Social Security, a claim by the government that someone has claim by the government that someone has violated federal laws, or a challenge to actions violated federal laws, or a challenge to actions taken by a federal agency.taken by a federal agency.

Other Federal Cases May Other Federal Cases May Involve…Involve…

A case also may be filed in federal court based on A case also may be filed in federal court based on the the "diversity of citizenship""diversity of citizenship" of the litigants, such of the litigants, such as between citizens of different states, or between as between citizens of different states, or between United States citizens and those of another United States citizens and those of another country. country. To ensure fairness to the out-of-state To ensure fairness to the out-of-state litigant, the Constitution provides that such cases litigant, the Constitution provides that such cases may be heard in a federal court.may be heard in a federal court. An important limit An important limit to diversity jurisdiction is that only cases involving to diversity jurisdiction is that only cases involving more than more than $75,000$75,000 in potential damages may be in potential damages may be filed in a federal court. Claims below that amount filed in a federal court. Claims below that amount may only be pursued in state court. Moreover, any may only be pursued in state court. Moreover, any diversity jurisdiction case regardless of the diversity jurisdiction case regardless of the amount of money involved may be brought in a amount of money involved may be brought in a state court rather than a federal court. state court rather than a federal court.

The constitutionality of a law The constitutionality of a law Cases involving the laws and Cases involving the laws and

treaties of the U.S.treaties of the U.S. Ambassadors and public ministers Ambassadors and public ministers Disputes between two or more Disputes between two or more

statesstates Admiralty lawAdmiralty law Bankruptcy cases. Bankruptcy cases.

Most Cases are solved more Most Cases are solved more Locally…Locally…

Federal courts are located in every state. Federal courts are located in every state. The great majority of legal disputes in The great majority of legal disputes in American courts are addressed in the American courts are addressed in the separate state court systems. For example, separate state court systems. For example, state courts have jurisdiction over virtually state courts have jurisdiction over virtually all divorce and child custody matters, all divorce and child custody matters, probate and inheritance issuesprobate and inheritance issues, real estate , real estate questions, and questions, and juvenile mattersjuvenile matters, and they , and they handle handle most criminal casesmost criminal cases, contract , contract disputes, disputes, traffic violationstraffic violations, and personal , and personal injury cases.injury cases.

Federal Courts Have Jurisdiction Federal Courts Have Jurisdiction over certain people….over certain people….

Ambassadors and other representatives Ambassadors and other representatives of foreign governmentsof foreign governments

Citizens of different statesCitizens of different states A state and a citizen of a different stateA state and a citizen of a different state Citizens of the same state claiming lands Citizens of the same state claiming lands

under grants of different statesunder grants of different states A state or its citizens and a foreign A state or its citizens and a foreign

country or its citizenscountry or its citizens

Types of Jurisdiction…Types of Jurisdiction…

Concurrent Concurrent JurisdictionJurisdiction: : Authority shared by Authority shared by both federal and both federal and state courtsstate courts ExampleExample: Case : Case

between citizens between citizens involving more than involving more than $75,000. The $75,000. The citizens have a citizens have a choice unless one choice unless one insists on Federal insists on Federal court. court.

Original JurisdictionOriginal Jurisdiction: : The authority of The authority of trial court to be the trial court to be the first to hear a case.first to hear a case.

Appellate Appellate JurisdictionJurisdiction: : Authority held by a Authority held by a court to hear a case court to hear a case that is appealed that is appealed from a lower court. from a lower court.

II. Federal CourtsII. Federal Courts

Article III of the Article III of the U.S. Constitution U.S. Constitution est. Federal Courts.est. Federal Courts.

Courts that Courts that “interpret” a “interpret” a countries countries Constitution are Constitution are known as Const. known as Const. Courts.Courts.

**Many consider the **Many consider the U.S. Supreme court U.S. Supreme court to be the worlds to be the worlds oldest Const. oldest Const. Court.Court.

The United States The United States District CourtsDistrict Courts are are the trial courts of the federal court the trial courts of the federal court system. system. There are There are 9494 federal judicial districts, federal judicial districts,

including at least one district in each including at least one district in each state, the District of Columbia and state, the District of Columbia and Puerto Rico. Three territories of the Puerto Rico. Three territories of the United States -- the Virgin Islands, United States -- the Virgin Islands, Guam, and the Northern Mariana Islands Guam, and the Northern Mariana Islands -- have district courts that hear federal -- have district courts that hear federal cases, including bankruptcy cases. cases, including bankruptcy cases.

District Court Jurisdiction….District Court Jurisdiction…. Within limits set by Congress and the Within limits set by Congress and the

Constitution, the district courts have Constitution, the district courts have jurisdiction to hear nearly all jurisdiction to hear nearly all categories of federal cases, including categories of federal cases, including both civil and criminal matters. both civil and criminal matters. Bankruptcy Courts are separateBankruptcy Courts are separate. The . The

Federal Govt. holds sole jurisdiction over Federal Govt. holds sole jurisdiction over Bankruptcy; cannot be tried in state Bankruptcy; cannot be tried in state court.court.

Two special Trial Courts have Nationwide Two special Trial Courts have Nationwide Jurisdiction:Jurisdiction:

1) The 1) The Court of Court of International TradeInternational Trade addresses cases addresses cases involving international involving international trade and customs trade and customs issues. issues.

2) The United States 2) The United States Court of Federal ClaimsCourt of Federal Claims has jurisdiction over has jurisdiction over most claims for money most claims for money damages against the damages against the United States, disputes United States, disputes over federal contracts, over federal contracts, unlawful "takings" of unlawful "takings" of private property by the private property by the federal government, federal government, and a variety of other and a variety of other claims against the claims against the United States. United States.

Officers of Federal District CourtsOfficers of Federal District Courts

US AttorneyUS Attorney: United States : United States Attorneys conduct most of Attorneys conduct most of the trial work in which the the trial work in which the United States is a party. United States is a party. There are 93 United States There are 93 United States

Attorneys stationed throughout Attorneys stationed throughout the United States, Puerto Rico, the United States, Puerto Rico, the Virgin Islands, Guam, and the Virgin Islands, Guam, and the Northern Mariana Islands. the Northern Mariana Islands.

United States Attorneys are United States Attorneys are appointed by, and serve at the appointed by, and serve at the discretion of, the President of discretion of, the President of the United States, with advice the United States, with advice and consent of the United and consent of the United States Senate. States Senate.

1)1) The prosecution The prosecution of criminal cases of criminal cases brought by the brought by the Federal Federal government government

2)2) The prosecution The prosecution and defense of civil and defense of civil cases in which the cases in which the United States is a United States is a party party

3)3) The collection of The collection of debts owed the debts owed the Federal Federal government which government which are administratively are administratively uncollectible. uncollectible.

Magistrate:Magistrate: A A federal judge who federal judge who serves in a United serves in a United States district States district court. Magistrate court. Magistrate judges are judges are assigned duties by assigned duties by the district judges the district judges in the district in in the district in which they serve. which they serve.

Full-time Full-time magistrate judges magistrate judges serve for serve for renewable terms of renewable terms of eighteight years. Some years. Some federal district federal district courts have part-courts have part-time magistrate time magistrate judges, who serve judges, who serve for renewable for renewable terms of four terms of four years. years.

US MarshalUS Marshal: : Marshals are given Marshals are given extensive authority extensive authority to support the to support the federal courts federal courts within their judicial within their judicial districts and to districts and to carry out all lawful carry out all lawful orders issued by orders issued by judges, Congress, judges, Congress, or the president. or the president.

Jobs: Jobs: Protecting Federal Protecting Federal

JudgesJudges Transporting Transporting

PrisonersPrisoners Managing PrisonersManaging Prisoners Protecting Protecting

WitnessesWitnesses Serving Court Serving Court

DocumentsDocuments

Federal District Courts Federal District Courts in Ohio: in Ohio: 44 Northern District Court Northern District Court

of Ohioof Ohio Southern District Court Southern District Court

of Ohioof Ohio Northern District of Northern District of

Ohio Bankruptcy CourtOhio Bankruptcy Court Southern District of Southern District of

Ohio BankruptcyOhio Bankruptcy

Federal Circuit Court of Federal Circuit Court of Appeals: Appeals: 1313 They have Appellate They have Appellate

JurisdictionJurisdiction

*Appeals Decisions with *Appeals Decisions with 3 Different Choices:3 Different Choices: 1)1) Uphold original Uphold original

decisiondecision 2)2) Reverse the lower Reverse the lower

courts decisioncourts decision 3)3) Send a case back to Send a case back to

the lower court to be the lower court to be tried again.tried again.

Legislative CourtLegislative Court

So-called because So-called because they are created by they are created by Congress in Congress in pursuance of its pursuance of its general legislative general legislative powers, have powers, have comprised a comprised a significant part of significant part of the federal the federal judiciary. judiciary.

US Claims CourtsUS Claims Courts:: Handles claims Handles claims

against the US for $against the US for $$$ Damages.$$ Damages.

US Tax US Tax CourtsCourts:: Trail court it Trail court it

hears cases hears cases relating to relating to federal tax federal tax disputesdisputes..

Federal JudgesFederal Judges

Hired through Appointment (Senate Hired through Appointment (Senate Approval)Approval)

Terms lasts “During Good Behavior” Terms lasts “During Good Behavior” (Life)(Life)

No particular qualifications!No particular qualifications!

III. The Supreme CourtIII. The Supreme Court Basics Basics

Jurisdiction: Original & AppellateJurisdiction: Original & Appellate Original Jurisdiction: Original Jurisdiction:

1) Cases involving Representatives of Foreign 1) Cases involving Representatives of Foreign GovernmentsGovernments

Certain Cases in which a state is a partyCertain Cases in which a state is a party

Most cases heard in the Supreme Court Most cases heard in the Supreme Court fall under “fall under “AppellateAppellate” Jurisdiction.” Jurisdiction.

There are “There are “99” Supreme Court Justices” Supreme Court Justices Justices are Justices are appointedappointed by the President by the President

and approved by the Senate.and approved by the Senate. They serve for Life on “They serve for Life on “Good BehaviorGood Behavior”” Justices can be removed through the Justices can be removed through the

impeachment impeachment process.process.