What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
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Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docxTawnaDelatorrejs
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). .
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docxmccormicknadine86
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). ...
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
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In this research, it concludes that while the readiness of teachers in Caloocan City to implement the MATATAG Curriculum is generally positive, targeted efforts in professional development, resource distribution, support networks, and comprehensive preparation can address the existing gaps and ensure successful curriculum implementation.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
1. ““The Federal Court System &The Federal Court System &
How Federal Courts Are Organized”How Federal Courts Are Organized”
Chapter 8, Sections 1-2Chapter 8, Sections 1-2
2. Equal Justice for All
Our court systems
were established to
help settle civil
disputes or decide the
guilt or innocence of
a person.
3. Equal Justice for All
A “civil dispute” is
between two private
parties (people,
companies, or
organizations),
between private
parties and the
government, or the
U.S. and state / local
governments.
4. Equal Justice for All
In a “criminal”
trial, witnesses
present evidence
and a jury or judge
delivers a verdict.
5. “Equal Justice Under the Law”
“Equal Justice
Under the Law”
means that we must
treat every person
the same.
This is the basis for
our legal system.
6. “Equal Justice Under the Law”
All people are
guaranteed:
– a public trial
– A lawyer even if they
cannot afford one
– “Innocent until proven
guilty”
– Right of appeal of their
case if the courts have
made a mistake.
8. “The Federal Court System”
The Federal Court
system is discussed in
Article III of the U.S.
Constitution.
This article gives
Congress the power to
establish lower courts
9. “The Federal Court System”
In 1789, the Congress
passed the “Judiciary
Act” which created
“district” and
“circuit” courts of
appeals.
10. “The Federal Court System”
In 1891, the Congress
created the federal
system of appeals
courts.
It has three (3) levels:
– District Courts
– Appeals Courts
– U.S. Supreme Court
11. “The State Court System”
There are 50 separate
state court systems at
the state level.
State courts get their
powers from state
constitutions and
laws.
13. “Federal Court Cases”
“Jurisdiction” is the
court’s authority to
hear a case.
Article III of the U.S.
Constitution gives the
federal courts
“jurisdiction” over
eight (8) kinds of
cases.
14. “Federal Court Cases”
Cases involving the U.S. Constitution
– Any case where a person believes that a
constitutional right has been violated
15. “Federal Court Cases”
Violations of Federal Laws
– Any case where the government accuses a
person of a federal crime (ie. kidnapping,
tax evasion, counterfeiting, etc.)
16. “Federal Court Cases”
Controversies Between States
– Any case where state governments have
disagreements are settled in federal court
17. “Federal Court Cases”
Disputes between Parties of Different
States
– Any case where citizens of different states
have disagreements are settled in federal
court
18. “Federal Court Cases”
Suits Involving the Federal Government
– Any case where the Federal Government
sues any party (individuals or companies) or
is sued by any party
19. “Federal Court Cases”
Cases involving Foreign Governments
and Treaties
– Any case where there is a dispute between
the Federal Government (or American
private party) and a foreign government.
20. “Federal Court Cases”
Cases Based on Admiralty and Maritime
Laws
– Any case that concerns accidents or crimes
on the high seas (“exclusive jurisdiction”)
21. “Federal Court Cases”
Cases Involving U.S. Diplomats
– Any case that concerns an American
diplomat working in a U.S. Embassy
overseas is heard in Federal court.
22. Relation to State Courts
“Exclusive
Jurisdiction” means
only the federal
courts may hear such
cases.
Most U.S. court cases
involve state law and
are tried in state
courts.
23. Relation to State Courts
“Concurrent
Jurisdiction” means
that they share
authority between
state and federal
courts.
Cases where citizens
of different states are
involved in a dispute
over $50,000 may be
tried in either court.
26. U.S. District Courts
“District Courts” are
where trials are held
and lawsuits begin.
Each state has at least
one district court and
sometimes more.
District courts have
“original jurisdiction”
(means cases must
begin here)
27. U.S. District Courts
“District Courts” are
responsible for
determining the facts of a
case.
They are trial courts for
both criminal and civil
federal cases.
District courts are the only
courts where witnesses
testify, juries hear cases,
and verdicts are reached.
28. U.S. Courts of Appeals
Also known as
“appeals court, circuit
courts of appeals,
appellate courts”
A large percentage of
people who lose their
cases in a district court
appeal to the next
highest level.
29. U.S. Courts of Appeals
The job of the appeals
court is to review the
decisions made in a
lower district court.
Appeals court have
“appellate
jurisdiction”
(authority to hear a
case appealed from a
lower court)
30. U.S. Courts of Appeals
In order to appeal a case:
– The judge applied the
law incorrectly
– The judge used the
wrong procedure.
– New evidence turns up
– Rights were violated.
– If federal regulatory
agency rulings seem
unfair
31. U.S. Courts of Appeals
There are twelve (12)
U.S. Courts of
Appeals
Florida is in the 11th
Appeals Circuit
A “circuit” is a
geographic region.
The 13th
Appeals
Court has nationwide
jurisdiction.
33. Making a Decision
Appeals courts do
NOT hold trials.
Appeals courts may:
– Uphold original
decisions
– Reverse that decision
– “Remand” or return
the case to the lower
court.
34. Making a Decision
A panel of three (3)
judges review the record
of the case.
Ruling is based on
majority vote (final unless
appealed to the Supreme
Court)
Innocence or guilt is not
decided, but only if the
defendant’s rights have
been protected and if they
received a fair trial.
35. Announcing the Decision
When a decision is
made, one judge
writes an “opinion”,
which is a detailed,
legal explanation.
The decision in this
appeal sets
“precedent”, which
gives guidance for
future cases.
36. Federal Judges
There are over 550
federal judges
Each district has at
least two (2) judges.
Appeals courts have
from 6 to 27 judges.
The U.S. Supreme
Court has nine (9)
“justices”.
37. Federal Judges
Federal judges are
appointed by the
President and
confirmed by the
Senate.
“Senatorial Courtesy”
is when the President
submits the name to
the senators from the
candidate’s state
before making it
official.
38. Federal Judges
Federal judges serve
for life.
However, judges can
be “impeached” and
removed from office.
39. Federal Judges
Federal judges have
“magistrate judges” to
help by taking care of
routine work like court
orders, small cases,
warrants, and hold
preliminary hearings.
40. Federal Judges
Each district also has a
U.S. Attorney to
represent the
government and
prosecute people.
They serve under the
Attorney General,
who heads the Justice
Department.
41. Federal Judges
“U.S. Marshals”
(appointed by the
president) also assist
by making arrests,
collecting fines, taking
convicted people to
prison, serving
“subpoenas” (court
orders to appear)
