Judicial Branch

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  • 1. Judicial Branch Chapter 11 & 12
  • 2. 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
  • 3. 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
  • 4. Jurisdiction
    • Authority to hear and decide cases
      • Subject matter
      • Federal laws (federal courts)
      • State law (state courts)
  • 5. 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
  • 6. 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
  • 7. 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
  • 8. 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
  • 9. 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
  • 10. 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
  • 11. 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
  • 12. 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
  • 13. Court of International Trade
    • Nine judges appointed by the President
    • Salary- $133,000
    • Courts are in San Francisco, New Orleans, Boston, New York
  • 14. Court of Appeals
    • Federal and Circuit courts
    • 12 Judges appointed by the President
    • Salary: $133,000
  • 15. 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
  • 16. 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
  • 17. 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
  • 18. 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
  • 19. 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
  • 20. 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
  • 21. 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
  • 22. 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
  • 23. 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
  • 24. 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
  • 25. 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
  • 26. 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
  • 27. 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
  • 28. 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
  • 29. Jury Selection
    • May be excused if
      • Suffering from an illness
      • Is a criminal
      • Is illiterate
      • Some professionals
        • Doctors
        • Lawyers
        • Policemen
        • Firemen
  • 30. 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