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Basic Civics

Intro to Law: UNIT 5. Basic Civics. Everything you need to know about Government Structure and Laws. Spring 2012. The Constitution. Foundation for government and laws. Supreme law of the land. Types of Government. The Three Branches of Government. The Legislative Branch.

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Basic Civics

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  1. Intro to Law: UNIT 5 Basic Civics Everything you need to know about Government Structure and Laws Spring 2012

  2. The Constitution • Foundation for government and laws. • Supreme law of the land.

  3. Types of Government

  4. The Three Branches of Government

  5. The Legislative Branch

  6. Legislative BranchFederal Legislative Branch • Congress • In Washington, DC • Bicameral: • House of Representatives • Senate

  7. Legislative BranchNew York State Legislative Branch • New York State Legislature • In Albany • Bicameral: • State Senate • State Assembly

  8. Legislative BranchNew York City Legislative Branch • New York City Council • Manhattan • Unicameral

  9. The Executive Branch

  10. Executive BranchFederal Executive Branch • HEAD: President • Consists of • President and Executive Office • Departments and • Agencies

  11. The Executive Branch New York State Executive Branch • Head: Governor • Consists of • Governor, • Departments and • Agencies

  12. The Executive Branch New York City Executive Branch • Head: Mayor • Consists of • Mayor, • Departments and • Agencies

  13. The Judicial Branch

  14. The Judicial BranchThe Federal Judicial Branch • Head: Chief Justice of the United States • Consists of • Supreme Court, • Courts of Appeals and • District Courts

  15. The Judicial Branch New York State Judicial Branch • Head: Chief Judge of the State of New York • Consists of • Court of Appeals • Appellate Division; and • Supreme Court (and other trial courts)

  16. Quick Primer on Law

  17. What does Each Branch Do? • Leg Branch • Legislates • Statutes • Exec Branch • Executes • Statutes • Rules & Regs • Exec Orders • Jud Branch • Adjudicates

  18. Which Branch Creates Laws? • Types of Laws • Constitutional Law • Statutory Law • Administrative Law • Case Law (including Common Law)

  19. What is Constitutional Law? • Law that comes from the constitution • Created & amended by Federal and State Legislatures (Article VI) • Constitution = Supreme law of the law • Interpreted and by each branch of Federal and State • Final interpretation: SCOTUS (Rule of Five)

  20. What is Statutory Law? • Law that comes from Statutes • Legislature passes bills • Bill becomes law if: • Executive signs it into law; OR • If vetoed, 2/3rds of Legislature vote to override veto

  21. What is Administrative Law? • Law that comes from Rules and Regulations • Department or Agency is created by statute • Enabling statute: Gives Department or Agency limited power to create rules and regulations.

  22. What is Case Law?Law that comes from cases • Two types of cases • Interpret Law • Statutes, Rules & Regs, Exec Orders, The Constitution • Common Law • Judge-Made Law • E.g., Torts, Contracts,

  23. The Parties

  24. Becoming a Federal Judge • President Nominates • Senate Advise and Consent • Senate Judiciary Committee • 60 votes for Closure • Simple Majority for Consent

  25. START MARCH 5

  26. Jurisdiction Broad legal term that means the power or authority of a court to hear and decide a dispute or controversy as well as its authority to bind parties in the action. • HEAR • DECIDE • BIND

  27. JurisdictionHear, Decide, Bind • Subject Matter Jurisdiction • hear a dispute or controversy • Personal Jurisdiction • Bind parties in action. • When plaintiff decides to bring action, party submits themselves to jurisdiction of court.

  28. Original and Appellate Jurisdiction

  29. Original and Appellate Jurisdiction • DIFFERENCE • One starts and tries cases • One hears appeals • Is that it?

  30. Original and Appellate Jurisdiction • Courts with Original Jurisdiction • Must gather the facts • Must make decision based on the facts and the law

  31. Original and Appellate Jurisdiction • Decisions in courts with Original Jurisdiction • Motions: Grant or denied • Trials: • Civil: Liable or Not Liable • Criminal: Guilty or Not Guilty

  32. Original and Appellate Jurisdiction • Courts with Appellate Jurisdiction • Must use the facts from the trial court • Issue: Did the court trial court get the law right. • However…

  33. Original and Appellate Jurisdiction • Courts with Appellate Jurisdiction: However: • Trial courts have discretion and the appellate court will look to see if the judge made the decision within the bounds of law. • NOT whether the appellate court agreed.

  34. Original and Appellate Jurisdiction • Courts with Appellate Jurisdiction: • When a court makes an error in the law, the court has to determine whether that error was harmless. • Harmless errors will not cause a reversal..

  35. Exclusive and Concurrent Jurisdiction

  36. General and Specific or Limited Jurisdiction

  37. Federal Court Jurisdiction “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.” • Article III, U.S. Constitution

  38. The Levels of the Federal Courts Supreme Court Court of Appeals District Court

  39. The Levels of the Federal Courts • UNITED STATES DISTRICT COURTS • Trial Court (cases start here) • UNITED STATES COURTS OF APPEAL • Intermediate Appellate Court • UNITED STATES SUPREME COURT • Highest Court

  40. United States Supreme Court • Nine justices • Chief Justice • Runs the court • Runs the US Court System • Circuit Justices. • Nine Justices: • 1 Chief Justice and • 8 Associate Justices

  41. Supreme Court Members • CJ John Roberts, Jr. • AJ Antonin Scalia • AJ Anthony Kennedy • AJ Clarence Thomas • AJ Ruth Bader Ginsburg • AJSteven Breyer • AJSamuel Alito • AJSonya Sotomayor • AJElena Kagan

  42. Original and Appellate Jurisdiction

  43. Exclusive and Concurrent Jurisdiction

  44. General and Specific or Limited Jurisdiction

  45. Getting a Case before the Supreme Court

  46. How does the Supreme Court make a decision?After accepting a case... • Briefs • Amici Curiae Briefs • Oral Argument • Conference • Decision

  47. United States Courts of Appeal13 Circuits • 12 geographic Jurisdiction • 1st through 11th • DC Circuit Court • 1 special Jurisdiction • Court of Appeals for the Federal Circuit

  48. The Second Judicial Circuit An Example of a Geographic Circuit • All federal courts within the states of • New York, • Connecticut and • Vermont.

  49. The Second Judicial Circuit • This includes the • Court of Appeals for the Second Circuit • District and Bankruptcy courts for the • Southern District of New York, • Northern District of New York, • Eastern District of New York and • Western District of New York, • District of Connecticut and • District of Vermont.

  50. Court of Appeals−Second Circuit • Handles APPEALS from the District and Bankruptcy courts for the • Southern District of New York, • Northern District of New York, • Eastern District of New York and • Western District of New York, • District of Connecticut and • District of Vermont.

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