Presentation Transcript

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 Primeron Law
17. What does Each Branch Do? I. II. III.
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
23. The Parties
24. Becoming a Federal Judge
25. START MARCH 5
26. Court Jurisdiction
27. 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.
28. Court Jurisdiction
29. JurisdictionHear, Decide, Bind
30. Original and Appellate Jurisdiction
31. Original and Appellate Jurisdiction DIFFERENCE One starts and tries cases One hears appeals Is that it?
32. Original and Appellate Jurisdiction Courts with Original Jurisdiction Must gather the facts Must make decision based on the facts and the law
33. 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
34. 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…
35. 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.
36. 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..
37. Exclusive and Concurrent Jurisdiction
38. General and Specific or Limited Jurisdiction
39. The Federal Courts
40. 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
41. “… and in such inferior Courts as the Congress may from time to time ordain and establish.”
42. The Levels of the Federal Courts Supreme Court Court of Appeals District Court
43. The Levels of the Federal Courts
44. United States Supreme Court
45. 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
46. Supreme Court Members AJ Steven Breyer AJ Samuel Alito AJ Sonya Sotomayor AJ Elena Kagan CJ John Roberts, Jr. AJ Antonin Scalia AJ Anthony Kennedy AJ Clarence Thomas AJ Ruth Bader Ginsburg
47. Supreme Court Jurisdiction Which J does the court have?
48. Original and Appellate
49. Exclusive and Concurrent Jurisdiction
50. General and Specific or Limited Jurisdiction
51. Getting a Case before the Supreme Court
52. How does the Supreme Court make a decision?After accepting a case...
53. 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
54. The Second Judicial Circuit An Example of a Geographic Circuit
55. The Second Judicial Circuit An Example of a Geographic Circuit All federal courts within the states of New York, Connecticut and Vermont.
56. 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.
57. 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.
58. Court of Appeals−Second CircuitJURISDICTION
59. Court of Appeals− Second CircuitDecision-making 12 Judges appointed for good behavior These are the active Judges At 65 years old with 15 years of service, they can become Senior Judges; their seat becomes vacant There are currently 12 senior Judges
60. Decision-Making Sit in Panels
61. Court of Appeals for the Federal Circuit Jurisdiction is Subject-Matter United States Court of Federal Claims United States Trademark Trial and Appeal Board US Board of Appeals & Interferences of US Patent & Trademark Office United States District Courts (for patent and certain other appeals)
62. Court of Appeals,Federal Circuit JURISDICTION: Appellate Original Only Court of Appeals that has Original Jurisdiction EXAMPLE: If a person does not get a patent or trademark from the PTO, after exhausting administrative appeals, they can commence an action in the Court of Appeals for the Federal Circuit
63. The District CourtsFederal Courts of Original Jurisdiction 94 District Courts with a total of 646 District Court Judges 89 Geographic District Courts 1 DC District Court 1 Commonwealth of Puerto Rico District Court 1 Guam District Court 1 U.S. Virgin Islands 1 Northern Mariana Islands
64. Federal Question In general, federal courts may decide cases that involve the United States government, the United States Constitution or federal laws, or controversies between states or between the United States and foreign governments.
65. Federal Question In general, federal courts may decide cases that involve the United States government, the United States Constitution or federal laws, or controversies between states or between the United States and foreign governments. A case that raises such a “federal question” may be filed in federal court.
66. Federal Question Example a claim by an individual for entitlement to money under a federal government program such as Social Security, a claim by the government that someone has violated federal laws, or a challenge to actions taken by a federal agency.
67. Federal versus State Courts Most are state cases E.g., divorce and child custody matters, Federal jurisdiction is rarely available in: probate and inheritance issues, real estate questions, and juvenile matters

68. New York Court System

69. Three Levels in New York
70. Three Levels of Court in New York
71. Court of Appeals Highest court. Final Interpreter of the New York State Constitution In Albany Appellate Jurisdiction only. 7 judges — 1 Chief Judge, 6 associate judges. Appointed by Governor subject to Senate ratification 14 year terms.
72. Getting a Case Before The Court of Appeals
73. New York Appellate Division and Appellate Term
74. New York is Divided into 4 Geographic Departments 3d Department 4th Department 2d Department 1st Department
75. New York is Divided into 4 Geographic Departments First Department (New York and Bronx counties) Second Department (Queens, Kings, Richmond, Nassau, Suffolk, Dutchess, Orange, Putnam, Rockland, and Westchester Counties). Third Department appeals are heard in Albany Fourth Department appeals are heard in Rochester
76. The Justices They are elected to the Supreme Court in a County and the Governor appoints them to the AD.
77. Decision-MakingPANELS
78. Appellate Division Jurisdiction
79. Appellate Term Appellate court allowed for by law and serving at the pleasure of the AD. Only the 1st and 2nd Departments have them Composed of justices of the Supreme Court chosen by the Chief Administrator of the Courts with approval of the presiding justice of the Appellate Division. Panels They sit in panels of 3; Two needed for decision
80. New York Supreme Court and other Trial Courts
81. The Supreme Court Court of General Jurisdiction A single court with statewide jurisdiction with a branch in each county (62). Justices are elected for 14 year terms In many counties, divided into areas of law: Criminal Term Civil Term
82. Supreme Court Jurisdiction It can hear all cases in the state except actions against the state (belongs to the Court of Claims). CONCURRENT. It has concurrent jurisdiction with most other trial courts EXCLUSIVE. It has exclusive jurisdiction over matters dealing with the termination of marriage.
83. Typical Case in Supreme Court Criminal felony case of murder, burglary, grand larceny, and/or rape. Civil case where plaintiff sues defendant for $100,000 for a car accident. Divorce case on the ground of abandonment.
84. Surrogates Court In each county. Judge is called a Surrogate. Handles all matters concerning Decedents’ estates (e.g., Probate of will). Adoptions. Elected: They serve terms of 14 years in NYC; 10 years elsewhere
85. Family Court
86. Family Court Typical Case A nine year old is charged with murder in the second degree A mother claims that her ex-lover is the father of her newborn.
87. Family Court Typical Case A nine year old is charged with murder in the second degree A mother claims that her ex-lover is the father of her newborn. A 14 year old refuses to go to school.
88. Court of Claims EXCLUSIVE JURISDICTION. Claims against the State. Judges of the Court of Claims have the sole responsibility for hearing claims brought against the state of New York or certain state agencies. APPOINTMENT: Judges are appointed by the Gov. with the advise and consent of the Senate. 9 year terms.
89. Court of Claims Typical Case A person sues New York for injuries suffered when she slipped on a wet floor in the governor’s office.
90. NYC Civil Court Petty suits (up to $25,000). CIVIL COURT Under $25,000 Small Claims & Housing.
91. NYC Criminal Court Petty offenses (up to 1 year in prison) CRIMINAL COURT Petty offenses (up to 15 days in prison) Misdemeanors (up to one year in prison)
92. Interaction Between Federal and New York State Courts
93. Interaction Between Federal and New York State Courts
94. Appeal to the US Supreme Court COURT OF APPEALS SUPREME COURT   NOTE:Only if there is a federal question APPELLATE DIVISION  SUPREME COURT
95. Writs of Habeas Corpus
96. Finding Laws Constitutional Statutory Administrative Case Law
97. Primary Law Constitutions (Supreme Law of the Land) Statutes Administrative Law Rules and Regulations Case Law Common Law Interpretative Case Law
98. Primary Laws