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Chapter 3 Presentation Transcript

  • 1. THE JUDICIAL SYSTEM IN USA
  • 2. Outline1. Introduction & study objectives.2.The Federal Courts (The US Supreme Court , U.S. District Court And U.S. Court Of Appeals )3.Courts of the Individual States.
  • 3. Introduction The justice system in the United States is one of the most unique in the world. It consists of two separate levels of courts, state and federal, that can peacefully co-exist under the concept of federalism .
  • 4. The Federal Courts Article III of the constitution invests the judicial power of the United States in the Federal Courts System. Article III Section 1 :- Specifically creates the U.S Supreme Court and gives congress the authority to create the lower federal courts (The Inferior)
  • 5. Dual Court SystemTwo court systems in America Federal courts State courts
  • 6. Study objectives The Federal Courts 1 Supreme Court 94 District Court Inferior 13 Courts Of Federal Appeals Courts
  • 7. Supreme Court
  • 8. Kinds of Jurisdiction The U.S Supreme Court Original AppellateJurisdiction Jurisdiction
  • 9. Original Jurisdiction the US Supreme Court has original jurisdiction (heard there first). Cases in which a state is a party and cases dealing with diplomatic personnel, like ambassadors, are the two examples.
  • 10. Appellate jurisdiction As a court of last resort in federal matters (Cases arising under the constitution or laws of the United states)
  • 11. U.S. Supreme Court (9)“Justices”
  • 12. Inferior Federal Courts Inferior Federal courts are created by statute (Congress Or Law) Inferior Federal Courts U.S District U.S Court Courts Of Appeals
  • 13. U.S District Courts
  • 14. U.S. DistrictCourts a state with Oregon, few people, has only 1 Federal District Court. California, a populous state, has 4 Federal District Courts.
  • 15. U.S District Courts “Trial Courts” The United States has 94 Federal district courts.
  • 16. U.S. Court OfAppeals
  • 17. U.S. Court of Appeals “Circuit Courts” When cases are appealed from district courts, they go to a federal court of appeals. appellate courts base their decisions on a review of lower court records.
  • 18. U.S. Court Of Appeals Do not decide “guilt” or “fault” Do not listen to witnesses Do not have a jury Do not attempt to “find out the facts”
  • 19. But it decide if legal errors were made in the Superior court (U.S District Court) Was the law applied fairly ? Is the law just ? Review the court files and transcripts of the Superior court Listen to oral arguments from the lawyers and ask the lawyers questions
  • 20. Here’s an example of a case that theCalifornia Court of Appeals heard…
  • 21. Eugene Bright v. Xy StoreIn 2010, Ms. Bright, an employee of The Xy Store, sued the store because they did not provide her a chair to sit on. 21
  • 22. Eugene Bright v. Xy StoreIn 2010, Ms. Bright, an employee of the Xy Store, sued the store because they did not provide her a chair to sit on.The CA District Court dismissed her claim saying that, under the Industrial Welfare Commission Wage Order law, she could not sue for money unless she was underpaid. 22
  • 23. Eugene Bright v. Xy StoreIn 2010, Ms. Bright, an employee of the Xy Store, sued the store because they did not provide her a chair to sit on.The CA District Court dismissed her claim saying that, under the Industrial Welfare Commission Wage Order law, she could not sue for money unless she was underpaid. Ms. Bright appealed the case. 23
  • 24. Eugene Bright v. Xy StoreIn 2010, Ms. Bright, an employee of the Xy Store, sued the store because they did not provide her a chair to sit on.The CA District Court dismissed her claim saying that, under the Industrial Welfare Commission Wage Order law, she could not sue for money unless she was underpaid. Ms. Bright appealed the case.The CA Court of Appeals said that a violation of the Industrial Welfare Commission Wage Order law is also a violation of the Labor Code. Ms. Bright could sue for money for a violation of the Labor Code. 24
  • 25. You be the judge…Industrial Welfare Commission Wage Order:“all working employees shall be provided with suitable seatswhen the nature of the work reasonably permits the use ofseats.”Labor Code:“The maximum hours of work and the standard conditions oflabor fixed by the Industrial Welfare Commission shall be themaximum hours of work and the standard conditions of laborfor employees. The employment of any employee for longerhours than those fixed by the order or under conditions oflabor prohibited by the order is unlawful.” Is “no chair” a violation of the Labor Code ! 25
  • 26. How Many Judgesparticipate ? Between four and twenty six judges sit on each court of appeals, and each case is usually heard by a panel of three judges. Courts of appeals offer the best hope of reversal for many appellants, since the Supreme Court hears so few cases. Fewer than 1 percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court.
  • 27.  The U.S Supreme Court is the final appellate court. The Court’s decision on application for appeal or certiorari is usually rendered per curium.
  • 28. The Specialized Judicial tribunals On the same level with the courts of appeals there exist The Court of Claims and The Court of Customs and Patent Appeals.
  • 29. The Court of ClaimsIt has jurisdiction over claims against federal government
  • 30. The Court of Customs and Patent Appeals It is competent for the supervision of decisions oftwo administrative agencies (the patent Office and the International Trade Commission)
  • 31. The Federal Judges The majority of federal judges are still appointed from among leading practitioners , politicians , or law teachers Federal Judges are appointed for life by the president with the advice and consent of the senate.
  • 32. Courts of the individual states All of the states have a complete judicial hierarchy which consists of Three Levels of courts in many states , in some states only of Two Levels. Designation of these courts in often confusing.
  • 33.  The Appellate Tribunal in the states in which there is middle level court is The State Court of Appeal. Final Appellate Jurisdiction , both in systems with only Two Levels of courts and in those with Three is The Supreme Court of The State
  • 34. selection of judges In most states judges are elected or , if appointed to a vacancy , confirmed in their office by election.
  • 35. Group 5 1.Eslam Salah Ashry (Presenter) 2.Asmaa Mansour Ali (Presenter) 3.Eslam Mohammed Zaki 4.Eslam Gamaleldin Hussein 5.Eslam Nabil Badr 6.Ismail Bakry Selim 7.Eslam Ramadan Fathi 8.Eslam Mohammed Saeid 9.Asmaa Abdallah Bioumi