1 / 13

Article III Judicial Branch

Article III Judicial Branch . Federalism and Courts. The power to establish courts is a concurrent power – both states and the federal government can establish courts. . Types of Jurisdiction. Original jurisdiction – the power to hear a case for the first time

jontae
Télécharger la présentation

Article III Judicial Branch

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Article IIIJudicial Branch

  2. Federalism and Courts • The power to establish courts is a concurrent power – both states and the federal government can establish courts.

  3. Types of Jurisdiction • Original jurisdiction – the power to hear a case for the first time • Appellate jurisdiction – the power to hear a case from a lower court

  4. Supreme Court • No jury trial • 9 justices • Original and Appellate Jurisdiction • 1 US Supreme Court

  5. US Court of Appeals • No jury trial • Panel of 3+ judges • Appellate jurisdiction • 12 Court of Appeals • NC is part of the 4th District

  6. US District Courts • Jury Trial • Original Jurisdiction • 94 District Courts • Meck. County is in the Western District Court of NC.

  7. Supreme Court • Total of 9 Supreme Court Justices • Chief Justice – head of the Supreme Court and the federal judicial branch • Associate Justices – 8 Supreme Court justices under the Chief Justice. • Term length is for life • Qualifications – Appointed by the president, Appointment confirmed by the Senate

  8. The Process of a Supreme Court Hearing • Several cases are heard for 2 weeks. A two week recess is given to consider those cases. Briefs are written for each case to support one side of the case. The justices meet for conference in secrecy. This meeting is led by the Chief Justice. Each justice announces how he or she intends to vote and summarizes his or her views. The case is debated. Then majority and dissenting opinions are written.

  9. Opinions of the Court • Chief justice assigns the writing of the courts opinion • The Court’s opinion is called the majority opinion. • Majority opinions stand as precedents, or examples to be followed in the future. • Often, a judge agreeing with the majority opinion will write a concurring opinion to add more emphasis to a point in the majority opinion. • DissentingOpinions are written by judges who do not agree with the majority opinion.

  10. Writ of Certiorari • An order by a higher court directing a lower court to send up the record in a given case for review. • In Latin this phrase means “to be more certain.” Courts with appellate jurisdiction use the writ of certiorari

  11. No Ex post Facto Laws • Ex post facto laws would allow an individual to be punished for a crime that was not a crime when committed. • According to Article I, no ex post facto laws are to be passed by Congress. In other words - A person cannot be punished for a crime “after the fact”

  12. No Bill of the Attainder Laws • Bill of the attainder is a legislative act that permits punishment without a trial. • According to Article I, no bill of the attainders laws are to be passed by Congress.

  13. Writ of Habeas Corpus • The prisoner must be brought before a judge (Bring the body)

More Related