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The Judicial Branch

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The Judicial Branch 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 ... – PowerPoint PPT presentation

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Title: The Judicial Branch


1
The Judicial Branch
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 established.
2
Dual Court System
  • There are two separate court systems in the U.S.
  • National Judiciary spans the country with over
    100 courts.
  • Each of the 50 states has its own system of courts

3
  • Two types of Federal Courts
  • Supreme Court created in the constitution
  • Inferior Courts created by congress, they are
    the lower federal courts.

4
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5
Jurisdiction
  • Is defined as the authority of a court to hear
    (to try and to decide) a case.

6
Types of Jurisdiction
Exclusive Jurisdiction cases that can only be
heard in federal courts. Concurrent Jurisdiction
cases that can be tried in either federal or
state courts.
7
Plaintiff person who files suit. Defendant
the person who the complaint is against.
8
Original and Appellate Jurisdiction
  • A court in which a case is first heard is said to
    have original jurisdiction over the case.
  • A court that hears a case on appeal from a lower
    court has appellate jurisdiction over the case.

9
Criminal Case a defendant is tried for
committing some action that Congress has declared
by law to be a federal crime.
10
Civil Case a noncriminal matter, such as a
dispute over the terms of a contract or wrongful
death.
11
Docket A list of cases to be heard
12
The Supreme Court
13
Judicial Review
Federal and State Courts have the power to decide
the constitutionality of an act of government,
whether executive, legislative, or judicial. The
ultimate power rests with the Supreme Court. This
makes them the final authority on the meaning of
the constitution.
14
Marbury v. Madison
15
Jurisdiction
The Supreme Court has both original and appellate
jurisdiction. Most cases come from the lower
(inferior) courts. Original Ex. - (1) those to
which a State is at party and (2) those affecting
ambassadors, other public ministries, and
counsels.
16
8,000 cases are appealed to the Supreme Court
each year, a few hundred are accepted. Half of
those cases are returned to the lower court. At
least 4 of the 9 judges must agree to put a case
on the docket.
17
How a Case Reaches the Court
Writ of certiorari to be made more certain.
This is how most cases reach the court.
Certificate This process is used when a lower
court is not clear about the procedure or the
rule of law that should apply in a case.
18
How the Court Operates
  • The court sits from the first Monday in October
    to sometime the following June or July.
  • Oral Arguments Limited to 30 minutes.
  • Briefs Filed with the court before oral
    arguments.
  • The Court in Conference done in close secrecy
    and presided by the Chief Justice.

19
Opinions
Majority Opinion the courts decision. Precedent
s an example to be followed in similar
cases. Concurring Opinion to add or emphasis a
point that was not made in the majority
opinion. Dissenting Opinion written by the
justices who do not agree with the opinion.
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