The Court System
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The document describes the US court system from lowest to highest levels. It begins with local justice of the peace courts and moves up through municipal, juvenile, state circuit courts, intermediate appellate courts, and state supreme courts. It then discusses the dual federal and state court systems and the jurisdiction and roles of federal district courts, appellate courts, and the US Supreme Court as the highest court in the country.
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Dual court system
There are two court systems in the US - the federal and state judiciaries. The federal judiciary consists of the Supreme Court and lower federal courts established by Congress. It includes constitutional courts that interpret the Constitution and special courts like the Court of Military Appeals. The state judiciary in Pennsylvania includes the Supreme Court, Superior Court, Commonwealth Court, and lower trial courts. It has elected justices and handles both civil and criminal cases at the county and local level.
The us federal court system & supreme court
The US federal court system begins with district courts that hear both civil and criminal cases. Losing parties can appeal district court decisions to courts of appeals, and the Supreme Court chooses some cases to review appellate court decisions. The Supreme Court has the power of judicial review to determine if laws are constitutional and can strike down laws, establishing precedent for future cases.
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The Supreme Court of the United States
The Supreme Court considers around 8,000-10,000 petitions for certiorari each year but agrees to hear only 80-100 cases. For those cases, parties file legal briefs outlining their arguments and following formal rules. Additional briefs are often filed by amici curiae, or "friends of the court". Each side has 30 minutes to present oral arguments to the Justices. After oral arguments, the Justices hold a conference to discuss the cases and vote on the decision. Decisions are usually issued by the end of June.
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The document discusses the main mechanisms through which law reform occurs, including courts, parliaments, the United Nations, and intergovernmental organizations. It examines how each of these institutions can interpret, create, amend, or encourage changes to laws. Specifically, courts can set legal precedents through decisions, but parliaments are the primary law-making bodies and reform laws by passing amending legislation. The United Nations promotes international treaties that countries may ratify and use to reform domestic laws.
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The judiciary plays several key political roles in the UK system of government. It acts to dispense justice fairly, interpret the laws as intended by Parliament, and establish legal precedents through case law. However, judges' ability to check the executive has come under increasing criticism from politicians, as judges have challenged government policies on issues like civil liberties, counter-terrorism laws, and sentencing guidelines. To increase the independence and impartiality of the judiciary, major reforms were passed in 2005 that replaced the Lord Chancellor and established new judicial appointment processes.
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The judiciary system of Pakistan consists of several levels of courts. At the highest level is the Supreme Court, followed by High Courts in each province. Below the High Courts are District and Session Courts that operate at the district level. The judiciary interprets and applies laws in Pakistan, which is an Islamic republic where laws must be consistent with Islam. The judiciary resolves disputes between citizens and the state, determines the constitutionality of laws, and settles conflicts between government institutions. Pakistan's judicial system originated from the British system that was in place prior to independence.
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The document discusses Pakistan's judicial system. It has a hierarchical structure with the Supreme Court at the top, followed by high courts in each province, and subordinate civil and criminal courts at the district level. The Supreme Court has the power of judicial review and to strike down laws as unconstitutional. High courts have appellate jurisdiction over lower courts. Alternative dispute resolution systems like jirgas also operate, especially in tribal areas. Justice and rule of law are important to uphold citizens' rights and resolve disputes in a systematic manner.
The judicial system of Pakistan
The document summarizes the judicial system of Pakistan. It discusses the following key points:
1. The judicial system has evolved over time from Hindu, Muslim, and British rule and is now based on English common law mixed with Islamic law.
2. The system includes the Supreme Court, high courts, district and sessions courts, special tribunals, and family and juvenile courts.
3. Appointments of judges were reformed in 2010 to establish a judicial commission and parliamentary committee process in response to allegations of favoritism.
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Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docx
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 ...
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3) Specialized courts like juvenile courts, which emphasize rehabilitation over punishment for juveniles, and probate courts, which administer wills and estates.
Chapter 18 presentation
The document discusses the structure and jurisdiction of the United States federal court system. It describes the different types of federal courts, including constitutional courts like the Supreme Court and district courts, and special courts like the Court of Federal Claims and military courts. It explains that constitutional courts have broad jurisdiction over federal law while special courts have narrow jurisdictions over specific areas like veterans benefits or claims against the federal government.
American Government: A Complete Coursebook - Chapter 13
The Supreme Court is the highest court in the US judicial system. It has the final say on interpreting the Constitution and federal law. Below the Supreme Court are the lower federal courts and state courts, which together form a dual court system. Cases can be heard in either federal or state courts depending on the types of laws, parties, and jurisdictional issues involved. The Supreme Court has both original jurisdiction over a few specific types of cases and appellate jurisdiction to review cases from lower courts. Its key powers include judicial review and establishing precedents through its rulings.
25 of countries around the world have a common law legal system (.docx
25% of countries around the world have a common law legal system (v. 75% civil law system) , which is based on the idea that law is created with the time, and, in it, judges play an important row.
America’s constitution dates from 1787 and it has been amended 26 times. It’s short, so it must be interpreted. By who? For federal judges (which are different from state judges), which are named by the president and stand their Jobs for life, so they are very independent.
The US is a federal system composed of 50 States, each of which has its own political identity and legal structure (own courts –in Illinois, judges run for elections-, legislator, Governors, law…).
Federal law (for the whole US) also exists, as well as Federal Courts.
In 1787, 13 states decided to give out some of their powers in order to create a federal state: (1) Foreign/international policy and (2) enumerated powers (tax, expenditure, defense -army, navy…-). However, states still have lots of powers.
US CONSTITUTION:
Article 1.- Legislative branch (Congress). There is ;
· a Senate (2 senators for state in order to make sure that all states have equal voice 100 senators; they run for office every 6 years)
· and a House of Representatives, with 435 members who are voted based on population; each state has, at least, one representative (700.000 per congressman, except for Wyoming, with less population); they run for office every 2 years, which is a problem, as the always have to raise money. There are electoral districts whose boundaries are drawn by the state legislators every 10 years, and there is a problem related to it: the gerrymandering problem, which exists when governments change those districts in order to get more seats in the Congress (some of them are called “safe seats”, when they have been drawn by state legislators to benefit they party and are not really subject to change)
Article 2.- Executive brand (President)
Article 3.- Judicial brand
These branches are:
-Coequal in relation to one another. Neither branch exercises superiority.
-Separate (Montesquieu).
Article 6.- The Supremacy Clause: Federal law (Constitution, Federal statute -law passed by congress- and treaties) is supreme over State law.
All the branches have say if the laws are constitutional. The President, when signing a law, has to do so as well. And if there is conflict, the Supreme Court decides.
The supreme court is the only one mentioned in the Constitution. But the Congress can create as many federal courts as necessary.
There are three levels for the Federal Court:
· Supreme court. Decibe between 75 and 100 cases each year. Th “wears two hats”:
· Highest court of appeal.
· Highest court of constitutional interpretation.
There are 9 judges (right now there are 8, and the 9th has not been named for political reasons: republicans did not want to have the candidate Obama wanted to appoint), appointed by the president with the approval of the Senate. They serve for life unless
· Co ...
Federal and State Courts
The document describes several levels of courts in the U.S. federal and state systems:
- U.S. District Courts are the lowest federal courts and have original jurisdiction over criminal and civil cases. They have lifetime appointed judges and hear cases with juries.
- U.S. Courts of Appeals have appellate jurisdiction and review district court cases through panels of judges without juries.
- The U.S. Supreme Court has both appellate and limited original jurisdiction and hears a small number of significant cases through lifetime appointed justices.
It also outlines state trial, appellate, and supreme courts that handle criminal cases and civil appeals through judges and juries.
Judicial branch
This document provides an overview of the US judicial branch and court system. It discusses that the judicial branch exists to ensure equal justice and protect people's rights. There are three levels of federal courts: district courts, courts of appeal, and the Supreme Court. The Supreme Court is the highest court and can rule on the constitutionality of laws. It explains key aspects like how cases are chosen and decided through majority opinions.
Judicial branch
The document summarizes the structure and jurisdiction of the U.S. federal and state judicial systems. It explains that the federal system consists of 94 district courts, 13 appellate courts, and the Supreme Court. District courts hear both civil and criminal cases, appellate courts review cases for legal errors, and the Supreme Court decides whether to hear appeals. State systems include trial courts that determine facts, optional appellate courts that review legal errors, and supreme courts of last resort. Federal courts have limited jurisdiction over diversity and federal law cases, while state courts cover remaining issues like criminal law and family law.
The Judicial Branch
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.
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.
Legal System of Ivory Coast
The legal system of Ivory Coast has several levels of courts. At the top are the Supreme Court, which oversees the application of law, and the High Court of Justice, which judges members of government. Lower courts include Courts of Appeal, Courts of First Instance, Courts of Assize, and Justice of Peace Courts. Traditional customary law also resolves disputes in rural areas. However, the judicial system has been criticized for its unreliability, though reforms are slowly being implemented.
PS 101 The Federal Judiciary Summer 2008
The federal judiciary in the United States consists of trial courts called U.S. District Courts, appellate courts called U.S. Courts of Appeals, and the Supreme Court of the United States. Federal courts have jurisdiction over cases involving the Constitution, federal laws and treaties, disputes between states, and controversies where the U.S. government is a party. District courts have original jurisdiction to hear cases first, while appellate courts have appellate jurisdiction to hear cases on appeal from district courts based on legal issues rather than factual questions. Precedent from past cases guides future court decisions through principles like stare decisis. The Supreme Court has discretionary appellate jurisdiction and can review lower court decisions through a writ of certiorari.
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Powers Of Congress
The document outlines the various powers granted to Congress under the US Constitution. It discusses expressed powers like the power to tax, regulate commerce, coin money, borrow money, establish uniform bankruptcy laws, and naturalize citizens. It also discusses implied powers derived from the Necessary and Proper Clause and inherent powers of sovereignty. The document provides examples of how Congress has exercised these powers throughout history.
How a Bill becomes a Law?
A bill becomes a law through a multi-step legislative process. It begins by being introduced in either the House of Representatives or the Senate by a member of Congress. If the bill passes through committee and floor votes in one chamber, it then moves to the other chamber to repeat the process. If the bill is approved by both chambers in identical form, it is sent to the President, who can sign it into law, veto it, or take no action and allow it to become law automatically.
Psychological Disorders Rev2
The document provides an overview of several psychological disorders as defined by the DSM-IV. It discusses what is considered abnormal behavior and explores anxiety disorders like generalized anxiety disorder and phobias. It also summarizes mood disorders like major depressive disorder, dissociative disorders including psychogenic amnesia and fugue, and somatoform disorders where emotional issues manifest as physical symptoms.
Crime In The Us
A felony is a serious crime punishable by over one year in prison, up to death. A misdemeanor is a less serious crime punishable by under one year in jail. Common felonies include murder, rape, robbery, and burglary, while common misdemeanors are DUIs, vandalism, petty theft, and trespassing. Murder rates in the US occur every 33 minutes on average, with most committed using firearms against male victims known to the perpetrator. Robbery and aggravated assault are also prevalent violent crimes in the US.
Social Classes And Poverty2
The document discusses social class divisions in the United States. It identifies 6 social classes - upper class, upper middle class, lower middle class, working class, working poor, and underclass. It provides details on the estimated population size, education levels, occupations, and income ranges for each class. Upward and downward mobility between classes is also addressed, as well as factors like education, technology, health, and unemployment that can impact social mobility. Poverty in the US is also summarized, including government assistance programs.
Ethnic And Racial Groups In The Us
The document discusses racial and ethnic groups in the United States, including African Americans, Hispanic Americans, and Asian Americans. It notes that minority groups have faced various forms of discrimination and difficulties gaining acceptance and equality in US society. While progress has been made since the civil rights movement, many minority groups still face socioeconomic disadvantages and underrepresentation compared to white Americans.
Health In The Us1
The document discusses various topics related to health in the US, including:
- Life expectancy has increased dramatically over the past century due to improvements in medicine and healthcare, though it remains lower than other wealthy nations due to health problems related to diet and lifestyle.
- Healthcare costs have risen tremendously and remain the highest in the world, placing a large financial burden on individuals, employers and taxpayers. Many Americans lack health insurance coverage.
- Major health issues Americans face include chronic diseases like heart disease, cancer and stroke, as well as problems caused by smoking, stress, depression, and the influence of the fast food industry.
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