The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction...
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Transcript of The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction...
The Judicial BranchThe Judicial Branch
A ReviewA Review
Terms to knowTerms to know
JurisdictionJurisdiction Exclusive jurisdictionExclusive jurisdiction Concurrent jurisdictionConcurrent jurisdiction PlaintiffPlaintiff DefendantDefendant Original jurisdictionOriginal jurisdiction Appellate jurisdictionAppellate jurisdiction
Questions You Should be able to Questions You Should be able to answeranswer
1) Why was the Judicial Branch 1) Why was the Judicial Branch created?created?
2) What is the dual court system?2) What is the dual court system? 3) What are the two kinds of federal 3) What are the two kinds of federal
courts?courts? 4) What is the authority of a court to 4) What is the authority of a court to
hear and decide a case?hear and decide a case? 5) How is it decided whether to hear a 5) How is it decided whether to hear a
case in a federal court?case in a federal court?
Questions you should be able Questions you should be able answer, continued…answer, continued…
6) What are the two areas of 6) What are the two areas of jurisdiction?jurisdiction?
7) What is original jurisdiction?7) What is original jurisdiction? 8) What is appellate jurisdiction?8) What is appellate jurisdiction? 9) What is the difference between a 9) What is the difference between a
plaintiff and a defendant?plaintiff and a defendant? 10) What are the inferior courts?10) What are the inferior courts? 11) What are district courts?11) What are district courts? 12) What are the Courts of Appeal? 12) What are the Courts of Appeal?
Questions, cont.Questions, cont.
13) What is the Supreme Court?13) What is the Supreme Court? 14) Who appoints federal judges?14) Who appoints federal judges? 15) What is the case that decided 15) What is the case that decided
judicial review?judicial review? 16) What is judicial review?16) What is judicial review? 17) What are the principles of judicial 17) What are the principles of judicial
review?review?
Why was the judicial Branch Why was the judicial Branch created?created?
There was no way to try cases under There was no way to try cases under the Articles of Confederationthe Articles of Confederation
The Judicial Branch serves to The Judicial Branch serves to interpret the laws of our nation interpret the laws of our nation
What is a What is a dual court systemdual court system??
Federal CourtsFederal Courts
Constitutional Constitutional CourtsCourts
Special CourtsSpecial Courts Supreme CourtSupreme Court
State CourtsState Courts
What are the two kinds of federal What are the two kinds of federal courts?courts?
Constitutional Constitutional CourtsCourts
(Regular Courts)(Regular Courts)
These are courts that These are courts that hear most of the hear most of the cases arising under cases arising under the lawthe law
Special CourtsSpecial Courts These courts hear These courts hear
cases that arise out cases that arise out of the legislative of the legislative expressed powersexpressed powers
Examples: Tax Examples: Tax Courts, Court of Courts, Court of Veteran AppealsVeteran Appeals
What is the authority of a court to What is the authority of a court to hear and decide a case?hear and decide a case?
JurisdictionJurisdiction
When is a case heard in a federal When is a case heard in a federal court? court?
Subject Subject MatterMatter
Questions about Questions about the Constitutionthe Constitution
Maritime issuesMaritime issues
PartiesParties Anytime the case Anytime the case
involves:involves: The United States The United States
governmentgovernment Representatives of a Representatives of a
foreign governmentforeign government State disagreementsState disagreements
Types of JurisdictionTypes of Jurisdiction
ExclusiveExclusive
Cases heard only in Cases heard only in federal courts federal courts
Example: federal Example: federal crimes, ambassadors, crimes, ambassadors, patent violations patent violations
ConcurrenConcurrentt
Cases heard both in Cases heard both in federal and state courts federal and state courts
Example: a cases Example: a cases involving citizens of involving citizens of different states different states
What is What is original jurisdictionoriginal jurisdiction??
The court where a case is first heardThe court where a case is first heard
What is What is appellate jurisdictionappellate jurisdiction??
A court that hears an appeal from a A court that hears an appeal from a lower courtlower court
What is the difference between a What is the difference between a
PlaintiffPlaintiff DefendantDefendant
What are the inferior courts?What are the inferior courts?
The lower courtsThe lower courts
Examples:Examples: The district courtsThe district courts The Court of AppealsThe Court of Appeals
What are district courts?What are district courts?
Federal trial courtsFederal trial courts There is at least one district court in There is at least one district court in
each state…more than one district each state…more than one district court when there is a large court when there is a large populationpopulation
There are 91 district courtsThere are 91 district courts
Who appoints district court judges?Who appoints district court judges?
The President appoints judges The President appoints judges There are 632 district court judgesThere are 632 district court judges They are appointed for lifeThey are appointed for life
What is the Court of Appeals?What is the Court of Appeals?
They are the “gate-keepers” to the They are the “gate-keepers” to the Supreme CourtSupreme Court
Most appeals cases are heard in Most appeals cases are heard in these courtsthese courts
There are 12 Appeals Courts There are 12 Appeals Courts
Who appoints Court of Appeal Who appoints Court of Appeal Judges?Judges?
The president appoints these judgesThe president appoints these judges There are 36 circuit (court of There are 36 circuit (court of
appeal)judgesappeal)judges They serve for lifeThey serve for life
What is the Supreme Court?What is the Supreme Court?
This is the Court of Last ResortThis is the Court of Last Resort All decisions of the Supreme Court All decisions of the Supreme Court
are finalare final Only a Supreme Court decision can Only a Supreme Court decision can
overturn another Supreme Court overturn another Supreme Court decisiondecision
Who appoints Supreme Court Who appoints Supreme Court Justices? Justices?
The President of the United StatesThe President of the United States There are 9 members of the Supreme There are 9 members of the Supreme
CourtCourt THE PRESIDENT APPOINTS ALL THE PRESIDENT APPOINTS ALL
FEDERAL JUDGES…THE SENATE FEDERAL JUDGES…THE SENATE CONFIRMS ALL THOSE CONFIRMS ALL THOSE APPOINTMENTS APPOINTMENTS
What is judicial review?What is judicial review?
The Federal Court can review the The Federal Court can review the actions of the legislative and actions of the legislative and executive branchesexecutive branches
What case decided on Judicial What case decided on Judicial Review?Review?
Marbury v. MadisionMarbury v. Madision
What are the three main principles What are the three main principles of Judicial Review? of Judicial Review?
1) The Constitution is the Supreme 1) The Constitution is the Supreme Law of our landLaw of our land
2)All actions of the government are 2)All actions of the government are subordinate to the Constitutionsubordinate to the Constitution
3)The Judicial branch is sworn to 3)The Judicial branch is sworn to uphold the Supreme Law of our uphold the Supreme Law of our land…therefore it can refuse the land…therefore it can refuse the actions of any branch of government actions of any branch of government if it conflicts with the Constitutionif it conflicts with the Constitution
Questions You Should be able to Questions You Should be able to answeranswer
1) Why was the Judicial Branch 1) Why was the Judicial Branch created?created?
2) What is the dual court system?2) What is the dual court system? 3) What are the two kinds of federal 3) What are the two kinds of federal
courts?courts? 4) What is the authority of a court to 4) What is the authority of a court to
hear and decide a case?hear and decide a case? 5) How is it decided whether to hear a 5) How is it decided whether to hear a
case in a federal court?case in a federal court?
Questions you should be able Questions you should be able answer, continued…answer, continued…
6) What are the two areas of 6) What are the two areas of jurisdiction?jurisdiction?
7) What is original jurisdiction?7) What is original jurisdiction? 8) What is appellate jurisdiction?8) What is appellate jurisdiction? 9) What is the difference between a 9) What is the difference between a
plaintiff and a defendant?plaintiff and a defendant? 10) What are the inferior courts?10) What are the inferior courts? 11) What are district courts?11) What are district courts? 12) What are the Courts of Appeal? 12) What are the Courts of Appeal?
Questions, cont.Questions, cont.
13) What is the Supreme Court?13) What is the Supreme Court? 14) Who appoints federal judges?14) Who appoints federal judges? 15) What is the case that decided 15) What is the case that decided
judicial review?judicial review? 16) What is judicial review?16) What is judicial review? 17) What are the principles of judicial 17) What are the principles of judicial
review?review?
Terms to knowTerms to know
JurisdictionJurisdiction Exclusive jurisdictionExclusive jurisdiction Concurrent jurisdictionConcurrent jurisdiction PlaintiffPlaintiff DefendantDefendant Original jurisdictionOriginal jurisdiction Appellate jurisdictionAppellate jurisdiction