Judicial Branch
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Judicial Branch

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    Judicial Branch Judicial Branch Presentation Transcript

    • Judicial Branch Chapter 11 & 12
    • Types of Federal Courts
      • Constitutional Courts
        • Set up by Congress under Article III of the Constitution
      • Special Courts
        • Are legislative courts set up by Congress
    • Divisions of the U.S. Court System
      • Supreme Court
      • Courts of Appeal
      • District Courts
      • Court of International Trade
      • Court of Military Appeals
      • U.S. Tax Court
      • Territorial Courts
      • Courts of District of Columbia
      • Court of Veteran’s Appeals
    • Jurisdiction
      • Authority to hear and decide cases
        • Subject matter
        • Federal laws (federal courts)
        • State law (state courts)
    • Jurisdiction
      • Parties- plaintiffs and defendants
      • Exclusive- determines where court cases belong
      • Concurrent- federal, state, local
      • Original- where the case is first heard
      • Appellate- next step after the original case
    • District Courts
      • 91 Courts
      • 632 Judges
      • Judges Salary- $133,000
      • Cases heard in District Courts
        • Bank robbery, kidnapping, mail fraud, computer fraud, counterfeiting, murder of federal official, treason
    • District Courts
      • These courts use both grand and petit juries
      • Judges appointed for life by the President
      • Confirmed by the U.S. Senate
      • East St. Louis and Benton are the district courts near here
    • Courts of Appeal
      • Formed in 1891
      • 12 Courts
      • 179 Judges
      • Appointed by the President for life, confirmed by the U.S. Senate
      • Salary: $141,000
    • Courts of Appeal
      • Any appeal from a lower court in their district
      • Hear 25,000 cases a year
      • Seventh Circuit Court located in Chicago is the closest
    • Supreme Court
      • Chief Justice- John Roberts
        • Appointed by George W. Bush in 2006
      • Jurisdiction
        • Original and appellate cases
        • 3,500-4,000 cases reach the S.C. each year
        • Half are returned to lower court
          • Writ of Certiorari
          • Writ of Appeal
          • Writ of Certificate Page 523
    • Supreme Court at Work
      • Sits for nine months of the year
      • Opens at 10:00 a.m. (Monday-Thursday)
      • Fridays are used to discuss, debate, and write decisions
      • Must be six judges which make up a quorum
    • Supreme Court at Work
      • Types of Opinions
        • Majority (5-4, 6-3, 7-2, 8-1, 9-0)
        • Dissenting- one judge goes against and writes an opposing view point
        • Concurring
    • Court of International Trade
      • Nine judges appointed by the President
      • Salary- $133,000
      • Courts are in San Francisco, New Orleans, Boston, New York
    • Court of Appeals
      • Federal and Circuit courts
      • 12 Judges appointed by the President
      • Salary: $133,000
    • Special Courts- Set up by Congress
      • U.S. Claims Court
        • 16 Judges appointed by President
        • Hears claims against the government
        • Salary: $133,000
      • Territorial Courts
        • (2 judges each court) 8 total
        • Salary: $125,000
        • Courts located in Virgin Islands, Guam, Puerto Rico, North Mariana Islands
    • Special Courts-Set up by Congress
      • Courts of District of Columbia
        • Salary $133,000
      • Superior Courts and Court of Appeals
        • Salary $133,000
      • Court of Military Appeals
        • One Chief Justice and four associate justices serve for 15 years
          • Salary: $133,000
    • Special Courts-Set up by Congress
      • Courts of Veteran’s appeals
        • One chief justice and six associates serve for 15 years
        • Salary: $125,000
      • U.S. Tax Court
        • One chief justice and 18 associate judges
        • Hear civil not criminal cases
        • Salary $133,000
    • Appointment of Judges, Terms, and Salary
      • President appoints all federal judges
      • Confirmed by the U.S. Senate
      • Appointed for life unless otherwise designated
      • Removal by impeachment
        • Nine have been impeached four have been found guilty
    • Federal Court Officials
      • Clerk- has custody of the federal seal
      • Magistrates- issues warrants, sets bail, may try some cases
      • U.S. Attorney- prosecutes the criminals
      • U.S. Marshals- issues subpoenas and arrest warrants
      • Baliff- keeps order in the court and calls cases
    • State Court System
      • Organized from the lowest to highest court
      • Justice of the Peace
        • Found in small southern towns
        • Usually elected to a 2-4 year term
        • Hears very minor cases
        • Marries people
        • Pay is usually from fines collected (higher fine better pay)
        • No formal qualifications
    • Magistrates Court
      • Found mostly in large cities
      • Elected to office for a 2-4 year term
      • No formal qualifications, except some states require a law degree
    • Municipal Court
        • night court in large cities
        • Many divisions like criminal minor crimes:
          • Civil, juvenile, small claims, traffic
        • Appointed and must have a law degree
    • General Trial Court
      • Judges may be elected or appointed
      • Cases tried before a single judge
        • Hear cases on estates, probates, and affairs of minors
      • Circuit court are the trial courts of the states judges must have a law degree as well as a states attorney elected
    • Intermediate Appellate Court (State) level
      • Called the states appellate court
      • Judges may be elected or appointed
      • Must have a law degree
      • Reviews cases from lower courts and has final say so in most cases
      • Mt. Vernon is the nearest state appellate court
    • State Supreme Court
      • Located in Springfield
      • 5-7 judges
      • ½ are appointed by the Governor and the other half may be elected
      • Their decisions are final
      • Selection of judges at state levels
        • Popular election, legislature selects, governor appoints
    • Juries
      • Grand jury- hears evidence to decide if trial needs to be held
      • Petit jury is the trial jury
      • Bench trial- is done before a judge with no jury
    • Make up of a Jury and how it works
      • Impaneling- jury is selected from a pool
      • Presentment- accusations before the grand jury
      • Indictment- formal charge by the grand jury
    • Make up of a Jury and how it works
      • Jury selection
        • list prepared by county official
        • Usually taken from the poll book
        • Today may be done from a drivers’ license
        • Most jurors are notified by mail
        • One must show up or be arrested
      • d
    • Jury Selection
      • May be excused if
        • Suffering from an illness
        • Is a criminal
        • Is illiterate
        • Some professionals
          • Doctors
          • Lawyers
          • Policemen
          • Firemen
    • Kinds of State Law
      • Law- principle rules of conduct
      • Constitutional Law- highest form of law in America
      • Statutory Law- enacted by legislatures
      • Administrative Law- rules issued on any level
      • Criminal Law- defies public wrongs
      • Civil Law- relates to human behavior
      • Common Law- written laws or made by judges