SlideShare a Scribd company logo
1 of 35
THE JUDICIAL SYSTEM IN USA
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.
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 .
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)
Dual Court System
Two court systems in America

   Federal courts              State courts
Study objectives

   The Federal Courts


                 1 Supreme Court
                         94 District Court
    Inferior                     13 Courts Of
    Federal                        Appeals
    Courts
Supreme Court
Kinds of Jurisdiction

               The U.S
               Supreme
                Court


  Original                Appellate
Jurisdiction             Jurisdiction
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.
Appellate jurisdiction
   As a court of last resort in federal
    matters (Cases arising under the
    constitution or laws of the United
    states)
U.S. Supreme Court (9)
“Justices”
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
U.S District Courts
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.
U.S District Courts “Trial Courts”




        The United States
         has 94 Federal
         district courts.
U.S. Court Of
Appeals
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.
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”
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
Here’s an example of a case that the
California Court of Appeals heard…
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
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
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
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.
                                                        24
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 !
                              25
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.
   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.
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.
The Court of
     Claims




It has jurisdiction
    over claims
  against federal
   government
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)
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.
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.
   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
selection of judges
   In most states judges are elected or , if
    appointed to a vacancy , confirmed in
    their office by election.
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

More Related Content

What's hot (18)

Organization of the us court system
Organization of the us court systemOrganization of the us court system
Organization of the us court system
 
The American Legal System
The American Legal SystemThe American Legal System
The American Legal System
 
The United States Court System
The United States Court SystemThe United States Court System
The United States Court System
 
Govt 2305-Ch_13
Govt 2305-Ch_13Govt 2305-Ch_13
Govt 2305-Ch_13
 
The Judicial Branch
The Judicial BranchThe Judicial Branch
The Judicial Branch
 
Understanding federal and state courts
Understanding federal and state courtsUnderstanding federal and state courts
Understanding federal and state courts
 
Judicial branch
Judicial branch Judicial branch
Judicial branch
 
The federal court_system
The federal court_systemThe federal court_system
The federal court_system
 
Judicial Branch Intro
Judicial Branch IntroJudicial Branch Intro
Judicial Branch Intro
 
The Judicial Branch
The Judicial BranchThe Judicial Branch
The Judicial Branch
 
Federal Courts
Federal CourtsFederal Courts
Federal Courts
 
The Judicial Branch
The Judicial BranchThe Judicial Branch
The Judicial Branch
 
The American legal system: An overview
The American legal system: An overviewThe American legal system: An overview
The American legal system: An overview
 
US legal orientation
US legal orientationUS legal orientation
US legal orientation
 
The Supreme Court
The Supreme CourtThe Supreme Court
The Supreme Court
 
Fed cts what they do
Fed cts what they doFed cts what they do
Fed cts what they do
 
The Federal Court System
The Federal Court SystemThe Federal Court System
The Federal Court System
 
Judicial branch
Judicial branchJudicial branch
Judicial branch
 

Viewers also liked (8)

WhiteCompassion001
WhiteCompassion001WhiteCompassion001
WhiteCompassion001
 
5 sources of law lecture
5 sources of law lecture5 sources of law lecture
5 sources of law lecture
 
3.1 public and private law
3.1 public and private law3.1 public and private law
3.1 public and private law
 
Ch.01 private and public international law
Ch.01 private and public international lawCh.01 private and public international law
Ch.01 private and public international law
 
Sources of law
Sources of lawSources of law
Sources of law
 
sources of law
sources of lawsources of law
sources of law
 
Chapter 01 Sources Of Law
Chapter 01   Sources Of LawChapter 01   Sources Of Law
Chapter 01 Sources Of Law
 
Public International Law Vs. Private International Law
Public International Law Vs. Private International LawPublic International Law Vs. Private International Law
Public International Law Vs. Private International Law
 

Similar to Chapter 3

Chapter 18 presentation
Chapter 18 presentationChapter 18 presentation
Chapter 18 presentation
krobinette
 
The Judicial Branch - Sections 8-1 and 8-2
The Judicial Branch - Sections 8-1 and 8-2The Judicial Branch - Sections 8-1 and 8-2
The Judicial Branch - Sections 8-1 and 8-2
Stephen Veliz
 
AP Review
AP ReviewAP Review
AP Review
jtoma84
 
Understanding federal and state courts
Understanding federal and state courtsUnderstanding federal and state courts
Understanding federal and state courts
sevans-idaho
 
Organization civil criminal 2
Organization civil criminal 2Organization civil criminal 2
Organization civil criminal 2
Mitchem Mitchem
 
Module # 1 lecture # 2
Module # 1 lecture # 2Module # 1 lecture # 2
Module # 1 lecture # 2
greggmorphew
 
PS 101 The Federal Judiciary Summer 2008
PS 101 The Federal Judiciary Summer 2008PS 101 The Federal Judiciary Summer 2008
PS 101 The Federal Judiciary Summer 2008
Christopher Rice
 
Judicial
JudicialJudicial
Judicial
mtaft
 
Judicial
JudicialJudicial
Judicial
mtaft
 

Similar to Chapter 3 (20)

Chapter 18 presentation
Chapter 18 presentationChapter 18 presentation
Chapter 18 presentation
 
The Judicial Branch - Sections 8-1 and 8-2
The Judicial Branch - Sections 8-1 and 8-2The Judicial Branch - Sections 8-1 and 8-2
The Judicial Branch - Sections 8-1 and 8-2
 
AP Review
AP ReviewAP Review
AP Review
 
Ap government the_federal_court_system_review
Ap government the_federal_court_system_reviewAp government the_federal_court_system_review
Ap government the_federal_court_system_review
 
Understanding federal and state courts
Understanding federal and state courtsUnderstanding federal and state courts
Understanding federal and state courts
 
Judicial branch
Judicial branchJudicial branch
Judicial branch
 
Judiciary
JudiciaryJudiciary
Judiciary
 
The Judicial Branch
The Judicial BranchThe Judicial Branch
The Judicial Branch
 
Sp 108-supreme courtpresentation-3
Sp 108-supreme courtpresentation-3Sp 108-supreme courtpresentation-3
Sp 108-supreme courtpresentation-3
 
US Court System.pptx
US  Court System.pptxUS  Court System.pptx
US Court System.pptx
 
Federal Courts (8.1&2)
Federal Courts (8.1&2)Federal Courts (8.1&2)
Federal Courts (8.1&2)
 
The American Judicial System by Dr. Fred C. Lunenburg
The American Judicial System by Dr. Fred C. LunenburgThe American Judicial System by Dr. Fred C. Lunenburg
The American Judicial System by Dr. Fred C. Lunenburg
 
Organization civil criminal 2
Organization civil criminal 2Organization civil criminal 2
Organization civil criminal 2
 
The Federal Judiciary
The Federal JudiciaryThe Federal Judiciary
The Federal Judiciary
 
Module # 1 lecture # 2
Module # 1 lecture # 2Module # 1 lecture # 2
Module # 1 lecture # 2
 
PS 101 The Federal Judiciary Summer 2008
PS 101 The Federal Judiciary Summer 2008PS 101 The Federal Judiciary Summer 2008
PS 101 The Federal Judiciary Summer 2008
 
Judicial
JudicialJudicial
Judicial
 
Judical Branch ppt.ppt
Judical Branch ppt.pptJudical Branch ppt.ppt
Judical Branch ppt.ppt
 
Judical Branch ppt.ppt
Judical Branch ppt.pptJudical Branch ppt.ppt
Judical Branch ppt.ppt
 
Judicial
JudicialJudicial
Judicial
 

Chapter 3

  • 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)
  • 5. Dual Court System Two 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
  • 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)
  • 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
  • 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. 24
  • 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 ! 25
  • 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