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The Federal Judicial System

The Federal Judicial System. Government - Libertyville HS. Vocabulary. Civil Case (P v. D) Dispute between two or more people (parties) Fighting over money (torts) Criminal Case (State v. D) Dispute between society (government) and a person Fighting over liberty! (jail) Types of trial

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The Federal Judicial System

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  1. The Federal Judicial System Government - Libertyville HS

  2. Vocabulary • Civil Case (P v. D) • Dispute between two or more people (parties) • Fighting over money (torts) • Criminal Case (State v. D) • Dispute between society (government) and a person • Fighting over liberty! (jail) • Types of trial • Jury trial • Bench trial • Choice = P (civil) or D (criminal)

  3. Vocabulary • Jurisdiction • What is the appropriate court to hear a case • Original jurisdiction = first level (“Trial Court”) • Appellate jurisdiction = second or higher level (“Appellate Court”) • Federal Court Jurisdiction • District court = original • Circuit court = appellate • Supreme Court = BOTH!

  4. Summary of Judicial System

  5. US District Court • 94 district courts • At least one in each state • DC (1), Puerto Rico (1) • 3 US territories (V.I., Guam, N. Mariana Isl.) • Hear any kind of case • Exceptions: bankruptcy, international trade, claims against Fed. Gov., IRS cases • These are heard by special courts

  6. US Circuit Court of Appeals • All states divided into 11 Circuits, + the DC Circuit • 179 justices authorized • Hear appeals from lower courts (mandatory) in their circuit • Hear appeals in 3 judge panels • Court of Appeals for the Federal Circuit is the 13thCircuit Court of Appeals • Nationwide jurisdiction to hear specialized cases

  7. US Supreme Court • Only court provided in the Constitution • Composition • 1 Chief Justice • 8 Associate Justices • Final authority in determining issues of law in USA • Judicial Review • Ability to determine constitutionality of federal statute

  8. US Supreme Court • Process • Appellate jurisdiction for all criminal, civil cases • Original jurisdiction for cases involving foreign diplomats or states • Getting a Case to USSC • Appeal – review decision of lower court • Writ of Certiorari – accept case to resolve “substantial federal question (“Rule of 4”) • Certificate – Lower court asks USSC to clarify a procedural / legal issue

  9. US Supreme Court • Hearings • Cases heard between October and June • Attorneys file written briefs before hearing • Amicus curiae brief • “Friend of the Court” • Affected groups file written brief to support their position • Justices listen to oral arguments • Attorneys answer questions from all 9 justices at once

  10. US Supreme Court • After oral argument, justices meet “in conference” every Friday • Discuss, argue cases amongst themselves • CJ assigns who will write opinion • Vote on decision • Majority opinion (precedent) • Dissenting opinion (justices who don’t agree w/ majority) • Concurring opinion (agree w/ outcome, not reasoning)

  11. US Supreme Court • Workload • 8241 filings in 2007 • 75 cases argued • 67 signed opinions • Ideological Division of USSC • Liberal justices = “Living Constitution” (reinterpret Const. to fit current times) • Conservative justices = Constitution’s original meaning, intent to be preserved • Split on Court today (4/4/1)

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