2. Outline
1. 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)
8. Kinds of Jurisdiction
The U.S
Supreme
Court
Original Appellate
Jurisdiction 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)
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
14. U.S. District
Courts 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.
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 the
California Court of Appeals heard…
21. Eugene Bright v. Xy Store
In 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 Store
In 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 Store
In 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 Store
In 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.
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25. You be the judge…
Industrial Welfare Commission Wage Order:
“all working employees shall be provided with suitable seats
when the nature of the work reasonably permits the use of
seats.”
Labor Code:
“The maximum hours of work and the standard conditions of
labor fixed by the Industrial Welfare Commission shall be the
maximum hours of work and the standard conditions of labor
for employees. The employment of any employee for longer
hours than those fixed by the order or under conditions of
labor prohibited by the order is unlawful.”
Is “no chair” a violation of the Labor Code !
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26. How Many Judges
participate ?
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
Claims
It has jurisdiction
over claims
against federal
government
30. The Court of Customs and
Patent Appeals
It is competent for the
supervision of decisions of
two 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