The Federal Court System. Powers of the Federal Court System

Transcription

1 The Federal Court System Powers of the Federal Court System

2 Judicial Branch Up until 1835, the Judicial Branch was the weakest branch of government. of the Constitution creates the Judicial Branch Not expected to be very powerful the least dangerous branch of government Alexander Hamilton Chief Justice is responsible for increase in power. It is emphatically the province and duty of the judicial branch to say what the law is.

3 Judicial Branch Up until 1835, the Judicial Branch was the weakest branch of government. Article III of the Constitution creates the Judicial Branch Not expected to be very powerful the least dangerous branch of government Alexander Hamilton Chief Justice is responsible for increase in power. It is emphatically the province and duty of the judicial branch to say what the law is.

4 Judicial Branch Up until 1835, the Judicial Branch was the weakest branch of government. Article III of the Constitution creates the Judicial Branch Not expected to be very powerful the least dangerous branch of government Alexander Hamilton Chief Justice John Marshall is responsible for increase in power. It is emphatically the province and duty of the judicial branch to say what the law is.

5 Judicial Branch Under the Articles of Confederation ( ) there was no federal court system, there were just state courts. The only court created in the is the U.S. Supreme Court. All others have been created by.

6 Judicial Branch Under the Articles of Confederation ( ) there was no federal court system, there were just state courts. The only court created in the Constitution is the U.S. Supreme Court. All others have been created by.

7 Judicial Branch Under the Articles of Confederation ( ) there was no federal court system, there were just state courts. The only court created in the Constitution is the U.S. Supreme Court. All others have been created by Congress.

8 Judicial Branch Today, there are 51 separate judicial systems in the U.S. The United States has a system of state and federal courts. 95% of all court cases are heard in. The other of all cases end up in federal court system

9 Judicial Branch Today, there are 51 separate judicial systems in the U.S. The United States has a dual court system of state and federal courts. 95% of all court cases are heard in. The other of all cases end up in federal court system

10 Judicial Branch Today, there are 51 separate judicial systems in the U.S. The United States has a dual court system of state and federal courts. 95% of all court cases are heard in state court. The other of all cases end up in federal court system.

11 Judicial Branch Today, there are 51 separate judicial systems in the U.S. The United States has a dual court system of state and federal courts. 95% of all court cases are heard in state court. The other 5% of all cases end up in federal court system

12 Jurisdiction Jurisdiction is the authority to hear certain cases. There are types of jurisdiction: Exclusive Original Appellate

13 Jurisdiction Jurisdiction is the authority to hear certain cases. There are four types of jurisdiction: Exclusive Original Appellate

14 Jurisdiction Jurisdiction is the authority to hear certain cases. There are four types of jurisdiction: Exclusive Original Concurrent Appellate

15 Exclusive Jurisdiction State Federal Courts State courts have jurisdiction over cases involving state laws

16 Exclusive Jurisdiction State State courts have jurisdiction over cases involving state laws Federal Courts Federal Courts have jurisdiction over cases involving the United States laws, foreign treaties, and the interpretation of the Constitution. Also have jurisdiction over: Ambassadors and representatives of foreign nations 2 or more state governments US government or one of its offices or agencies Citizens who are residents of different states Citizens who are residents of the same state but claim land grants off different states

17 Concurrent Jurisdiction Case where both federal and state courts have jurisdiction. Examples: Citizens of different states in a dispute concerning more than $75,000

18 Concurrent Jurisdiction Case where both federal and state courts have jurisdiction. Examples: Bank Robbery Citizens of different states in a dispute concerning more than $75,000

19 Original Jurisdiction The court in which a case is originally tried is known as a trial court. A has original jurisdiction. District and other possess only this jurisdiction.

20 Original Jurisdiction The court in which a case is originally tried is known as a trial court. A trial court has original jurisdiction. District and other possess only this jurisdiction.

21 Original Jurisdiction The court in which a case is originally tried is known as a trial court. A trial court has original jurisdiction. District and other lower courts possess only this jurisdiction.

22 Appellate Jurisdiction If a person loses a case in a trail court they have the right to appeal the decision. A person will appeal a case that was heard at the to a court of appeal. If the person is to lose at the court of appeal level, they have the right to appeal to the because they have both original and appellate jurisdiction.

23 Appellate Jurisdiction If a person loses a case in a trail court they have the right to appeal the decision. A person will appeal a case that was heard at the district level to a court of appeal. If the person is to lose at the court of appeal level, they have the right to appeal to the because they have both original and appellate jurisdiction.

24 Appellate Jurisdiction If a person loses a case in a trail court they have the right to appeal the decision. A person will appeal a case that was heard at the district level to a court of appeal. If the person is to lose at the court of appeal level, they have the right to appeal to the Supreme Court because they have both original and appellate jurisdiction.

25 Developing Supreme Court Power

26 Developing Supreme Court Power The Supreme Court has become the most powerful court in the world. This power has developed from custom, usage, and. Since the very beginning, no federal court, including the Supreme Court, may action. The courts must wait for, people engaged in a lawsuit, to come before them.

27 Developing Supreme Court Power The Supreme Court has become the most powerful court in the world. This power has developed from custom, usage, and history. Since the very beginning, no federal court, including the Supreme Court, may action. The courts must wait for, people engaged in a lawsuit, to come before them.

28 Developing Supreme Court Power The Supreme Court has become the most powerful court in the world. This power has developed from custom, usage, and history. Since the very beginning, no federal court, including the Supreme Court, may initiate action. The courts must wait for, people engaged in a lawsuit, to come before them.

29 Developing Supreme Court Power The Supreme Court has become the most powerful court in the world. This power has developed from custom, usage, and history. Since the very beginning, no federal court, including the Supreme Court, may initiate action. The courts must wait for litigants, people engaged in a lawsuit, to come before them.

30 Early Precedents Federal courts will only determine cases. They do not simply a legal question, They do not simply a legal question, regardless of how significant the issue or who asks the question.

31 Early Precedents Federal courts will only determine cases. They do not simply just answer a legal question, regardless of They do not simply just answer a legal question, regardless of how significant the issue or who asks the question.

32 Early Precedents We have considered the previous question states in a letter written by your direction to us by the Secretary of State We exceedingly regret even that may cause embarrassment to your administration but we derive consolation from the reflection that your judgment will discern what is right o John Jay, Chief Justice, July 1793

33 Marbury v. Madison Chief Justice John Marshall states that because of the Judiciary Acts of 1789, the Courts had more power than what was implied by the Constitution. Monument case that lead to the creation of under Article III of the Constitution. Judicial review is the power to review acts of.

34 Marbury v. Madison Chief Justice John Marshall states that because of the Judiciary Acts of 1789, the Courts had more power than what was implied by the Constitution. Monument case that lead to the creation of judicial review under Article III of the Constitution. Judicial review is the power to review acts of.

35 Marbury v. Madison Chief Justice John Marshall states that because of the Judiciary Acts of 1789, the Courts had more power than what was implied by the Constitution. Monument case that lead to the creation of judicial review under Article III of the Constitution. Judicial review is the power to review acts of Congress.

36 John Marshall s Influence Under his rule, the power of the Courts expanded. (1810) Dartmouth College v. Woodward (1819 Gibbons v. Ogden (1824)

37 John Marshall s Influence Under his rule, the power of the Courts expanded. Fletcher v. Peck (1810) Dartmouth College v. Woodward (1819 Gibbons v. Ogden (1824)

38 John Marshall s Influence Under his rule, the power of the Courts expanded. Fletcher v. Peck (1810 Dartmouth College v. Woodward (1819 McCulloch v. Maryland Gibbons v. Ogden (1824)

39 After Marshall The years after Marshall, the Court began to emphasize the rights of the states and the rights of the citizens. The Amendment s Due Process Clause was not very strongly enforced after the Civil War. says that no state may deprive any person of life, liberty, or property without the due process of the law

40 After Marshall The years after Marshall, the Court began to emphasize the rights of the states and the rights of the citizens. The Fourteenth Amendment s Due Process Clause was not very strongly enforced after the Civil War. says that no state may deprive any person of life, liberty, or property without the due process of the law

41 After Marshall The years after Marshall, the Court began to emphasize the rights of the states and the rights of the citizens. The Fourteenth Amendment s Due Process Clause was not very strongly enforced after the Civil War. Due Process Clause says that no state may deprive any person of life, liberty, or property without the due process of the law

42 Due Process Some significant cases where the Due Process Clause came into play: Slaughterhouse Cases (1896) Separate but equal Brown v. Board of Education of Topeka (1954)

43 Due Process Some significant cases where the Due Process Clause came into play: Slaughterhouse Cases Plessy v. Ferguson (1896) Separate but equal Brown v. Board of Education of Topeka (1954)

44 Concept Map..YAY Within your group you will: First: Read the handout on Judicial Review Second: Complete the Concept map on this topic Just like you have done it before. Do each step first before moving on to the next. After everyone is completed it, we will go over it as a class.

45 3 Key Words CONVEY TARGETED CONCEPT OFFER OVERALL CONCEPT NOTE KEY WORDS CLASSIFY CHARACTERISTICS CONCEPT DIAGRAM Judicial Review 1 2 Always Present Sometimes Present Never Present 5 EXPLORE EXAMPLES Examples: Nonexamples: 6 PRACTICE WITH NEW EXAMPLE 7 TIE DOWN A DEFINITION

46 Exit Slip: On the back of your concept map, answer this question: Why is judicial review a key feature of the United States governmental system?? Hand in at the bell