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Chapter 10: Judicial Branch

Chapter 10: Judicial Branch. Describe the organization, functions, and jurisdiction of courts within the American judicial system. Explain the kinds of law. . Federal Court System.

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Chapter 10: Judicial Branch

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  1. Chapter 10: Judicial Branch • Describe the organization, functions, and jurisdiction of courts within the American judicial system. • Explain the kinds of law.

  2. Federal Court System • Article III of the Constitution established a national Supreme Court and gave Congress the power to established inferior courts. • Supreme court is at the top of the court system.

  3. Criminal and Civil Cases • U.S. has two separate systems A. Federal courts B. State courts • Criminal case- cases in which juries decide whether people have committed crimes are tried the most in state courts. • Civil cases- also heard by state courts, are in which two sides disagree over some issue.

  4. Civil Cases • Is when one party, or person, involved sues or takes legal action against another party. • The complaint the first person makes to the court is called a suit or lawsuit.

  5. Federal court jurisdiction • Jurisdiction- the authority to hear and decide a case—only in certain specific areas. • List the 8 specific area in which the Supreme court will hear a case.

  6. 1. Constitution-freedom of speech. 2. Federal law- try people of federal crimes. 3. Admiralty and maritime laws. 4. Disputes in which the United States government is involved. 5. Controversies between the states. 6. Controversies between citizens of different states. 7. Disputes involving foreign governments. 8. United states Ambassadors, ministers, and consuls serving in the foreign countries. 8 areas to hear a case

  7. Original and Appellate Jurisdictions • Original Jurisdiction – the authority to hear a case first (determines the facts) • Appellate Jurisdiction – authority to hear an appeal (only reviews legal issues) 1. Appeal: to ask a higher court to review the decision and determine if justice was done.

  8. Lower Federal Courts • District courts- lowest level of the courts. The federal courts where trials are held and lawsuits are begun. It is the only federal court in which jury trials are held.

  9. District Court Judges • Each district court has two judges. • Judge decides on the punishment or fines when the jury finds the defendant guilty.

  10. Other District Court Officials • Magistrate- are the ones who issue court orders and hears the preliminary evidence in a case to determine whether the case should be brought to trial. • U.S. attorney- the governments lawyer. His job is to prove someone has committed a crime.

  11. Serving Subpoenas • Marshal- arrest suspects, delivers defendants to court, and serves people with subpoenas • Subpoenas- is a court order requiring someone to appear in court.

  12. United States Courts of Appeals • Federal appeals court, circuit courts of appeals, or appellate courts. • Appellate Jurisdiction- hear only cases that have come to them on appeal from the lower district courts or from federal regulatory agencies.

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