Module # 1 lecture # 2
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The document discusses the structure of the American legal system. It outlines the three branches of government established in Articles I-III of the Constitution, with a focus on Article III and the judicial branch. Key points include the Supreme Court's original lack of power of judicial review until the 1803 Marbury v. Madison decision established this authority. The summary also describes the federal and state court structures, distinguishing between trial and appellate courts.
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The document discusses the formation and structure of the US Judicial Branch. It notes that Article III of the Constitution created the Supreme Court and gave Congress power to establish lower courts. The Judiciary Act of 1789 then formed the basic judicial structure still used today. The Supreme Court has 9 justices appointed for life who can only be removed through impeachment. Judicial Review, established in Marbury v. Madison, gave the Supreme Court the power to determine the constitutionality of laws and assert itself as an equal branch of government by interpreting the vague Article III. This interpretation has been used in thousands of cases since 1803 to define the Judicial Branch's role.
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The document discusses the formation and structure of the US Judicial Branch. It notes that Article III of the Constitution created the Supreme Court and gave Congress power to establish lower courts. The Judiciary Act of 1789 then formed the basic judicial structure still used today. The Supreme Court has 9 justices appointed for life who can only be removed through impeachment. Judicial Review, established in Marbury v. Madison, gave the Supreme Court the power to determine the constitutionality of laws and assert itself as an equal branch of government by interpreting the vague Article III. This interpretation has been used in thousands of cases since 1803 to define the Judicial Branch's role.
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The document discusses the structure and functions of the US judicial branch. It explains that federal courts handle cases involving violations of federal law and disputes between states. It also discusses the different levels of federal courts, from district courts to circuit courts to the Supreme Court. The document also covers judicial philosophies like judicial activism versus restraint and how Supreme Court rulings can act as de facto law through precedent.
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The document summarizes the structure and powers of the US judicial system. It describes how the Judiciary Act of 1789 established the federal court system and the Supreme Court's power of judicial review established in Marbury v. Madison. It also explains the hierarchy of courts, from US District Courts to Courts of Appeals to the Supreme Court, and how cases progress through this system. The roles of the Chief Justice and Solicitor General in Supreme Court decision-making are also outlined.
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The document summarizes the structure and jurisdiction of the US federal court system. It discusses the 94 federal district courts which have original jurisdiction over criminal and civil cases. It also describes the 12 federal courts of appeals which have appellate jurisdiction and hear cases appealed from lower courts. Additionally, it briefly outlines two other constitutional courts: the Court of International Trade which hears trade law cases, and the Court of Appeals for the Federal Circuit which has nationwide jurisdiction over cases from several other courts.
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The document provides an overview of the US federal court system. It discusses that the Constitution created the Supreme Court and gave Congress the power to establish lower federal courts. It describes the structure of the federal court system, including the district courts, courts of appeals, and other constitutional courts. It also covers the jurisdiction of these courts, the appointment and roles of federal judges, and how cases make their way to the Supreme Court.
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The federal court system is established by Article III of the Constitution. The federal courts have jurisdiction over cases involving the Constitution, federal law, disputes between states or citizens of different states, and disputes involving foreign governments. The lower federal courts include district courts and courts of appeals. District courts handle most cases and have original jurisdiction, while courts of appeals only hear appeals from lower courts. The highest court is the Supreme Court, which has the power of judicial review to determine the constitutionality of laws and final authority on interpreting the Constitution.
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The Supreme Court is the highest court in the US and its decisions are binding on all other courts. It has the power of judicial review to determine the constitutionality of laws. The Court hears appeals from lower federal and state courts on issues involving federal law or constitutional interpretation. It is composed of 9 justices nominated by the president and confirmed by the Senate who have lifetime appointments. The Court's rulings impact many areas of American law and policy.
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The document discusses the structure and jurisdiction of the US federal court system. It explains that the Constitution created the Supreme Court and authorized Congress to establish lower federal courts. It describes the types of federal courts and outlines the criteria for federal court jurisdiction over subject matter and parties. It also summarizes how federal judges are appointed, their terms, salaries, and removal from office.
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The document discusses the structure and powers of the US judicial branch and federal court system. It outlines that the Supreme Court heads the federal court hierarchy. Federal judges, including Supreme Court justices, are nominated by the president and approved by the Senate. The district courts have original jurisdiction to hear cases first, while the appellate courts and Supreme Court have appellate jurisdiction to hear appeals of cases. The Supreme Court can declare laws or actions unconstitutional, settling disputes between states or involving the federal government.
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The document outlines the foundation of U.S. law beginning with the Declaration of Independence in 1776 by the original 13 colonies declaring independence from England. It then discusses the Articles of Confederation signed in 1781 which established a one-house legislature and process for amendments requiring unanimous approval. Finally, it introduces the three branches of the U.S. government - legislative, executive, and judicial - established with checks and balances and separation of powers between state and federal sovereignty.
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The document discusses the US judicial system and Supreme Court. It explains that Supreme Court justices and federal judges are nominated by the President and approved by the Senate, serving lifetime terms. It outlines the federal court system's original, exclusive, and concurrent jurisdictions. Examples are provided of how the courts have used their jurisdiction in cases involving the Constitution, federal laws, disputes between citizens of different states, and treaties. The duties of US magistrates, attorneys, and marshals are defined. Majority, dissenting, and concurring appellate decisions are described. An example case reaching the Supreme Court via lower courts is analyzed. Influences on Supreme Court decisions are said to include the Constitution.
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The judicial branch of Mississippi consists of the Supreme Court, Court of Appeals, Chancery Courts, and Circuit Courts. The Supreme Court is the highest court and hears cases regarding the constitutionality of state laws. The Court of Appeals hears appeals assigned by the Supreme Court. Chancery Courts handle family law cases while Circuit Courts handle criminal cases and some civil suits between individuals. Judges are elected to serve terms ranging from four to eight years depending on the court.
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Denise was convicted of drug possession and appealed to challenge the admission of evidence obtained through an illegal search. On appeal, parties submit briefs to argue the trial court's decision and whether it violated Denise's constitutional rights. If the appellate court finds error, it will reverse the conviction. Its decision can then be appealed to a higher court through a similar process involving briefs and oral arguments to convince the judges that the lower court erred in its application of the law. The highest courts have discretion over which cases they will review.
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Federal Civil Case Flow
The following federal flow chart shows how a civil case flows through federal court. If you have any questions please feel free to give us a call at 888-678-5550 or visit our website at http://www.mincal.com
Court system
The United States has both state and federal court systems. The highest court is the Supreme Court, which hears appeals from lower courts. Below the Supreme Court are appellate courts and trial courts. Trial courts listen to evidence and testimony to decide facts in civil and criminal cases. Losing parties can appeal trial court decisions. The adversarial system pits opposing sides against each other to argue their cases before a judge or jury.
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The document discusses the power of judicial review in the US constitutional system. It provides context on how the US was unique in empowering judges to invalidate legislation that conflicts with higher constitutional law. It summarizes key aspects of Article III of the US Constitution regarding the establishment of the federal court system and allocation of judicial powers. It then explains the historical case of Marbury v Madison, which established the Supreme Court's authority for judicial review by ruling the Judiciary Act of 1789 unconstitutional for expanding the Court's original jurisdiction. The decision set the precedent that courts can review and invalidate the acts of other government branches.
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The document discusses the American judicial system, which consists of federal and state courts. The federal court system is based on the US Constitution and includes district courts, circuit courts of appeal, and the Supreme Court. State court systems are based on state constitutions and laws and generally include courts of limited jurisdiction, courts of general jurisdiction, intermediate appellate courts, and a state supreme court. Both federal and state courts have played an important role in interpreting laws relating to schools.
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The document summarizes the judicial system in the United States. It describes the dual court system with both federal and state courts. At the federal level, it outlines the Supreme Court, U.S. District Courts, and U.S. Courts of Appeal. It also briefly discusses the selection and jurisdiction of federal judges. For state courts, it notes they have appellate courts and often a three-tiered system, though some states only have two levels of courts. State judges are typically elected.
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The document discusses the differences between the federal and state court systems in the United States. It explains that the US has two separate court systems due to the concept of federalism outlined in the Constitution. The federal court system handles issues relating to federal law and powers while state court systems handle issues of state law. It provides details on the structure of both systems, including the different levels of courts and the types of cases typically heard at each level of federal versus state courts.
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This document provides an overview of the differences between the federal and state court systems in the United States. It explains that the US has two court systems because the Constitution established both federal and state governments, each with their own spheres of power and laws. The federal system includes district courts, circuit courts of appeals, and the Supreme Court. State systems typically include trial courts of limited and general jurisdiction, as well as intermediate appellate courts and state supreme courts. The document outlines the structure and jurisdiction of courts within these two systems.
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John Adams appointed Marbury as a justice of the peace for Washington D.C. However, Thomas Jefferson and James Madison refused to deliver Marbury's commission. This led to the Supreme Court case Marbury v. Madison in 1803, where the Supreme Court established the principle of judicial review. The Court declared that Section 13 of the Judiciary Act of 1789 was unconstitutional, marking the first time it struck down a law for being unconstitutional. This established the Supreme Court's ability to review laws and executive actions and determine their constitutionality under the U.S. Constitution.
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John Adams appointed Marbury as a justice of the peace for Washington D.C. However, Thomas Jefferson and James Madison refused to deliver Marbury's commission. This led to the landmark Supreme Court case Marbury v. Madison in 1803, where the Court established the principle of judicial review. The Court ruled that Section 13 of the Judiciary Act of 1789 was unconstitutional, marking the first time it struck down a law for being unconstitutional. This established the Supreme Court's ability to review the constitutionality of laws and acts of Congress.
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John Adams appointed Marbury as a justice of the peace for the District of Columbia. However, Thomas Jefferson and James Madison refused to deliver Marbury's commission. This led to the landmark Supreme Court case of Marbury v. Madison in 1803, where Chief Justice John Marshall established the principle of judicial review. The Court declared Section 13 of the Judiciary Act of 1789 unconstitutional, marking the first time it struck down a law for being unconstitutional. This established the Supreme Court's ability to review the constitutionality of laws and acts of Congress.
Court organization and jurisdiction
This document discusses the structure and jurisdiction of the US federal and state court systems. It begins by outlining Article III of the US Constitution and the key case Marbury v. Madison, which established the principle of judicial review. It then describes the original structure of the federal judiciary under the Judiciary Act of 1789 and how it has evolved since. The document also distinguishes between the different types of jurisdiction in federal and state courts, and outlines the current structure of the federal judiciary system as well as the four main levels of state courts: minor trial courts, major trial courts, intermediate appellate courts, and courts of last resort.
Court organization and jurisdiction
This document discusses the structure and jurisdiction of the US federal and state court systems. It begins by outlining Article III of the US Constitution and the key case Marbury v. Madison, which established the principle of judicial review. It then describes the original structure of the federal judiciary under the Judiciary Act of 1789 and how it has evolved since. The document also distinguishes between the different types of jurisdiction in federal and state courts, and outlines the current structure of the federal judiciary system as well as the four main levels of state courts: minor trial courts, major trial courts, intermediate appellate courts, and courts of last resort.
Day 33
The Supreme Court has the final say in interpreting the Constitution, which cannot be checked by the other branches. This gives the judicial branch significant power compared to the other branches. The judicial branch's role in interpreting the Constitution in a way that cannot be overridden makes it arguably more powerful than the executive and legislative branches.
Marbury v. Madison case study
The Supreme Court's decision in Marbury v. Madison established the principle of judicial review. Chief Justice John Marshall ruled that while Marbury had a right to his judicial appointment, the Supreme Court did not have the constitutional authority to issue a writ of mandamus ordering Marbury's commission be delivered. However, Marshall asserted that it is the role of the judicial branch to determine what the law is, including whether acts of Congress are constitutional. This established the Supreme Court's power to invalidate laws it deems unconstitutional, strengthening the system of checks and balances.
Chapter 3 powerpoint government
The document discusses several key principles and concepts of the US Constitution, including:
- The 7 articles that make up the original Constitution address the 3 branches of government, relations among states and federal government, and the process of ratifying amendments.
- The Constitution is based on principles of popular sovereignty, limited government, rule of law, separation of powers, and checks and balances.
- Judicial review allows the Supreme Court to determine if government actions are constitutional. This was established in the 1803 case Marbury v. Madison.
- The Constitution can be formally amended through two methods of proposal and two methods of ratification outlined in Article V. Twenty-six of the twenty-seven amendments have been adopted through congressional proposal
Similar to Module # 1 lecture # 2 (20)
The American Judicial System by Dr. Fred C. Lunenburg
The American Judicial System by Dr. Fred C. Lunenburg
Module # 1 lecture # 2
- 1. Module # 1 Lecture # 2 The American Legal System
- 2. U. S. Constitution The first three Articles of the U. S. Constitution provide the framework for our federal system. Article # I: Legislative Branch Article # II: Executive Branch Article # III: Judicial Branch
- 3. Article III Section 1: Judicial Powers Section 2: Trial by Jury; Original Jurisdiction; Jury Trials Section 3: Treason
- 4. Article III, Sec. 1 “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.”
- 5. The Supreme Court of the United States Currently there are 9 Justices on the Supreme Court. One Chief Justice and eight Associate Justices. Justices are appointed by the President, with the Advice and Consent of the U.S. Senate. Justices serve for life, or until they voluntarily retire. Justices be impeached by Congress for “high crimes and misdemeanors.”
- 6. What gives the Supreme Court the power to review actions of the other branches of government ? Nothing in the Constitution provides the Court with the power of review. In fact the Constitution is quite limiting in the Court’s Jurisdiction.
- 7. Marbury v. Madison5 U.S. (1 Cranch) 137 (1803) Claim brought against the Secretary of State James Madison seeking a Writ of Mandamus ordering Madison to seat Marbury as a Justice of the Peace. Chief Justice John Marshall established that the Supreme Court has the power of “judicial review” Prior to Marbury, the Supreme Court had no power to review actions of the Executive or Legislative Branches.
- 8. Life after Marbury Marbury essentially changed how the Court operated. The Court was now the final arbiter of all things Constitutional. Essentially, the Court can now determine whether a statute or executive action is constitutional.
- 9. Structure of the Federal Courts
- 10. Structure of State Courts State’s Highest Court (usually called the State Supreme Court). Intermediate Courts of Appeal. Receives appeals from the Superior Court. Superior Court (Trial Court). Received appeals from the District Court. District Court (Trial court for misdemeanors, traffic violations, and small amount Civil Cases)
- 11. Trial Courts v. Appellate Courts Trial Courts Can be Bench or Jury Trials Receives evidence Witnesses Appellate Courts No Jury; a panel of judges makes the decision No witnesses or evidence Makes decisions based on the law Only attorneys are present