2. Role of the Courts
courts use the law to settle civil disputes
to help ensure that equal opportunities are available
to all people
courts use the law to decide the guilt or innocence of
people accused of crimes
3. What Happens
both sides come to the court and present their
position
the court applies the law to the facts that have been
presented and makes a decision in favor of one or
the other
Overview of a Criminal Trial
each side presents witnesses
witnesses present evidence
a jury or judge delivers the verdict
4. Equal Treatment
“Justice is Blind”
the goal of the legal system is to treat every person the
same regardless of who they are
every person has the right to have a public trial with
a lawyer
the accused who cannot afford their own lawyer will
have one appointed
defendants are innocent until proven guilty
5. Equal Treatment is Difficult to Achieve
Although “Justice is Blind” the people involved in the
justice system are not
judges and juries are not free from personal
prejudices
wealth determines the quality of lawyer a defendant
can afford
6. “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.”
US Constitution, Article III, section 1
7. Judiciary Act of 1789
created federal district courts and circuit courts
Judiciary Act of 1891
Congress establishes the system of federal appeals
courts
8.
9. Jurisdiction
1. The Constitution
a person who believes a Constitutional Right has been violated
can be heard in federal court
2. Federal Laws
people accused of federal crimes are tired in federal courts
also civil cases involving federal laws
3. Disputes Between States
disputes between two state governments
Supreme Court has original jurisdiction
4. Citizens from Different States
two people from different states have a lawsuit
10. Jurisdiction
5. The Federal Government
if the federal government is part of a lawsuit
if the federal government takes a person or company to court
6. Foreign Governments, Ambassadors, and Treaties
Supreme Court has original jurisdiction
7. Admiralty and Maritime Laws
any crimes or incidents that take place on the high seas /
international waters involving a US vessel
8. US Diplomats
11. Types of Jurisdiction
1. Exclusive Jurisdiction
only the federal courts may hear the case
2. Concurrent Jurisdiction
the case can take place in either the state or the federal
12. US Courts of Appeals
also called federal appeals courts, circuit courts of
appeals, circuit courts, appellate courts
have appellate jurisdiction
do NOT conduct trials
each has from 6 to 28 judges (based on how busy it
historically has been)
review procedure from a case in federal district court
may review actions of federal regulatory agencies
13. Organization of US Courts of Appeals
there are a total of 13 federal appeals courts
12 circuit courts that hear appeals from their geographic
area (or circuit)
1 Court of Appeals for the Federal Circuit located in
Washington, DC that hears special cases that cover the
entire nation
14. Decisions of the US Courts of Appeals
the goal is to make sure that a defendant received a
fair trial
after reviewing the procedure of a case appealed to
it, appeals courts may:
a) uphold the lower court’s decision
b) reverse the lower court’s decision
c) remand the case back to the district court (often times
with changes that need to be made)
15. Decisions of the US Courts of Appeals
opinion is the official decision of the appeals court
it sets out how the court feels about the way the
lower court handled the case
any rulings it makes in the opinion becomes
precedent
16. Precedent
the Supreme Court and appellate courts can not seek
out an issue and have both sides bring it to court, it
must wait for people themselves to take someone to
court over the issue
precedents are not new laws but help clarify existing
laws
Common Law
decisions from higher courts must be followed by
lower courts
an opinion by the Supreme Court must be followed
by everyone
17. US District Courts
federal trial courts
federal lawsuits begin here
have original jurisdiction
there are 94 US District Courts
conduct trials complete with witnesses and evidence,
and a jury that gives a verdict
every state has at least one federal district court
18. Federal Judges
president appoints, Senate approves
typically, the president chooses someone with the
same ideas about politics, justice and issues
Life Tenure: federal judges may have their job for life,
unless removed by the impeachment/removal
process
the goal have life tenure is to put judges above
politics, instead of having to please voters with their
ideas they can best serve the Constitution
19. Magistrates
issue search and arrest warrants
hear preliminary evidence to determine if a case
should be brought to trial
determine bail
may hear minor cases
20. US Attorneys
a lawyer for the US government
they have at least one deputy
prosecute criminals
represents the US government in lawsuits
(appointed to 4-year term by the president with
Senate approval)
21. US Marshals
federal police officer
make arrests
collect fines
escort convicts to prison
protect jurors
keep order in federal courts
serve legal papers (such as subpoenas)
22.
23. The US Supreme Court
1 Court of
Appeals for 12 US
the Federal
Circuit Courts of
Appeals
94 US District Courts
24. The US Supreme Court
1 Court of
Appeals for 12 US
the Federal
Circuit Courts of
Appeals
94 US District Courts
25. Original Jurisdiction
Conducts trials
Witnesses testify
Evidence is presented
Juries hear cases and reach verdicts
94 US District Courts
27. Appellate Jurisdiction
Can review a case if an individual who loses a case in
district court believes the laws were applied unfairly
Does not determine guilt or innocence
12 US
Courts of
Appeals
Writes opinions detailing the reasons for their decision
– establishes precedent
Three options:
1. Uphold the district court’s decision
2. Reverse the district court’s decision
3. Remand the case
28. The US Supreme Court
1 Court of
Appeals for 12 US
the Federal
Circuit Courts of
Appeals
94 US District Courts
29. 1 Court of National Jurisdiction
Appeals for
the Federal Can hear special cases of
Circuit national importance