Bell Starter
Key Terms
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Circuit
Jurisdiction
Exclusive jurisdiction
Concurrent jurisdiction
District court
Original jurisdiction
Appellate jurisdiction
Remand
Judicial review
Opinion
Judiciary Act of 1789
Equal justice under law
Miranda v. Arizona
Engel v. Vital
Magistrates
Federal courts
Key Terms
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Appeals courts
Docket
Majority opinion
Unanimous opinion
Concurring opinion
Dissenting opinion
Stare decisis
Constitutional
Precedent
Brief
U.S. attorneys
Sandra Day O’Connor
Thurgood Marshall
District
Civil case
Appellate
The Federal Court
System
Review
Three levels
District, Appeals, Supreme
THE ESTABLISHMENT OF
FEDERAL COURTS
 THE SUPREME COURT IS CREATED
BY THE CONSTITUTION – Article III
 ALL OTHER FEDERAL COURTS WERE
CREATED BY JUDICIARY ACTS OF
CONGRESS (GIVEN THIS POWER BY
THE CONSTITUTION)
 JUDICIARY ACT 1789 CREATED
THE DISTRICT COURTS AND
APPEALS COURTS
 JUDICIARY ACT 1891 CREATED
THE CIRCUITS FOR THE APPEALS
COURTS
FEDERAL COURT EXCLUSIVE
JURISDICTION
• JURISDICTION THE RIGHT TO
HEAR AND DECIDE A CASE
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THE CONSTITUTION ISSUES
VIOLATIONS THE FEDERAL LAW
DISPUTES BETWEEN STATES
DISPUTES CITIZENS FROM
DIFFERENT STATES
FEDERAL GOVERNMENT
CONTROVERSIES
FOREIGN GOVERNMENT AND
TREATIES
ADMIRALTY & MARITIME LAWS
U.S. DIPLOMATS
OTHER FORMS OF
JURISDICTION
• EXCLUSIVE JURISDICTION: RIGHT TO
HEAR AND DECIDE THE CASE ONLY
BY FEDERAL COURT
• CONCURRENT JURISDICTION: RIGHT OF
BOTH STATE AND NATIONAL
COURTS TO HEAR THE CASE
• LOWER FEDERAL COURTS
• ORIGINAL JURISDICTION: RIGHT TO
HEAR AND DECIDE CASES FIRST
(DISTRICT COURTS)
• APPELLATE JURISDICTION: RIGHT TO
HEAR AND DECIDE A CASE ONLY ON
APPEAL FROM A LOWER COURT:
(APPEALS COURTS OR CIRCUIT)
U.S. District Courts
 Lowest level of federal courts
 The majority of federal cases
begin at this level
 94 District courts, at least 1 in
each state
 Responsible for determining the
facts of the case
 Only federal court in which
witnesses testify and juries hear
cases and reach verdicts
U.S. Courts of Appeals
 Second level of federal
courts
 13 Federal Appeals courts
 Appeals courts reviews
decisions made by a lower
court when petitioned
 Cases are appealed due to
error, new evidence, or
unfairness
U.S. Court of Appeals (con’t)
 A panel of 3 or more judges
review the cases and listens
to arguments from lawyers,
then makes a decision
 Possible Decisions: Uphold
the original decision, reverse
the original decision, or
remand the case (send it
back to a lower court)
Federal Court Officials
 Judges: appointed by the president
with Senate approval. Serve a
lifetime term. Chief decision makers in
the judicial branch.
 Magistrates: issue court orders, issue
search warrants, preliminary hearings,
determine if case should go to court.
 U.S. attorney: appointed by President
for 4 year terms with Senate
approval. Government lawyers who
prosecute accused persons for
breaking federal laws.
 Marshals: make arrests, collect fines,
protect jurors, serve legal papers
Supreme Court: Jurisdiction
 Supreme Court has original
jurisdiction in 2 instances
1. cases involving diplomats
from foreign countries
2. cases in which a state is
involved
Justices of the Supreme
Court
 8 associate justices lead by
a chief justice (9 total)
 Appointed by the president
with Senate approval
 Appointed for a life term
 No official requirements; all
have been lawyers
Selection of Justices
 Can be remove by
impeachment
 FBI investigates
 Senate approves 2/3 vote
 President’s legacy: pick
justices and judges that are
from their own political
party & have same ideology
(idea)
Supreme Court Powers
 Judicial Review: decide if a
law or action by government
officials is allowed by the
Constitution
 Judicial Review was
established in the court case
Marbury v. Madison
 Interpreting Law: decide
what law really means
Powers of the Court
 Marbury vs. Madison
 Supreme Court has final ruling
 Judicial Review
 Power to say federal, state, local
law, government action against
Constitution
 John Marshall made decision that
created Judicial Review Power:
 Constitution supreme law to land
 Federal law supreme to state
 Courts duty uphold the Constitution
Supreme Court Case Docket
 Court Docket (calendar)
 Court chooses what cases it will
hear & not hear
 Less than 200 per year
 Final authority in all cases
 When court refuses to review a
case from a lower court, the
lower courts decision stands
(upheld)
Interpreting the Constitution
 Supreme court decides what
Congress meant by vague
laws it often makes
 5 year prison violent crime
 Use of gun: What does this
mean to you?
 Court meaning:
 person must show, fire, or say
I have a gun
Deciding what cases to hear
 Year begins October and ends
in June/July of next year
 Each month is divided into
 2 weeks listening to oral
arguments
 2 weeks in recess (do all work)
 Write opinions & study new cases
 During summer break
 Study applications for review,
catch up on other legal work
Steps in Court’s Decision
Activity
1.
2.
3.
4.
5.
6.
7.
8.
Written Arguments: Lawyer
prepares briefs
A
A
Justices ask questions of the
lawyers
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a
Copies printed and opinions posted
on the web
Answers
 1.Written Arguments: lawyers
prepares briefs.
 2. justices study briefs
 3.Oral arguments: lawyers for each
side argue the case
 4. Justices ask questions of the
lawyers
 5. Conference: Justices make
decisions about cases (majority of 5
required)
 6. Opinion Writing: after decision
reached justices write an opinion
 7. Announcement
 8. Copies printed and opinions posted
on the web.
NC Judicial Branch
 The North Carolina Judicial
Branch interprets state laws and
executive orders. NC has two
kinds of trial courts
 1. Superior Court- handle civil cases
more than $10,000 and felonies
2. District Court – juvenile law,
divorce and other family law, mental
hospital commitments, traffic
violations civil cases, or disputes
involving less than $10,000,
misdemeanors (minor crimes)
NC JUDICIAL
BRANCH
•SUPREME COURT NC
•COURT OF APPEALS
•SUPERIOR COURT
•DISTRICT COURTS
 TYPES OF COURTS
JUDICIAL BRANCH NC
 SUPREME
COURT
 1 CHIEF JUSTICE & 6
ASSOCIATE JUSTICES 8 YEAR
TERMS
 1ST DEGREE MURDER, APPEALS,
REQUEST FROM STATE IN
CRIMINAL CASES
North Carolina Supreme Court
The highest court in NC
NC Supreme Court reviews cases
appealed from the NC Appeals
Court, if there is new evidence,
unfair trial, or due process not
followed.
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1ST DEGREE MURDER, APPEALS,
REQUEST FROM STATE IN CRIMINAL
CASES
There is 1 chief justice and 6
associate justices that decide a
case. They can remand, overturn,
or uphold a decision. There is no
jury.
JUDICIAL BRANCH
 COURT
OF
APPEALS
 15 JUDGES – PANELS OF 3
THAT CIRCULATES
 8 YEAR TERMS
 HEARS APPEALS FROM ALL
DISTRICT COURTS
 HEARS ALL APPEALS FROM
SUPERIOR BUT 1ST DEGREE
MURDERERS WITH DEATH
PENALTY
 APPEALS FROM AGENCIES
North Carolina Appellate Courts
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A defendant can appeal his or her
case if their rights are violated, new
evidence comes to light or unfair
trial.
Appellate court judges review the
case and a panel of 3 judges will
decide to either uphold the decision,
overturn the decision or remand the
case to a general trial court. There
is no jury.
JUDICIAL BRANCH
 SUPERIOR
COURTS
 8 DIVISIONS AT LEAST 1
JUDGE/ DISTRICT
 8 YEAR TERMS
 HEAR NEW JURY TRIALS FOR
CONVICTED MISDEMEANORS
 CIVIL CASES OVER $10,000
 FELONIES
NC General Trials Courts
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Superior Court: cases involving
serious crimes (felonies) or
civil cases involving more than
$10,000.
There will be a jury of your
peers to decide the case.
The judge keeps order,
sentences the defendant if
guilty, and can overturn a
verdict reached by the jury if
he or she feels the jury has
not been impartial.
JUDICIAL
 DISTRICT
COURTS
 39 DISTRICTS
 AT LEAST 1 JUDGE/ DISTRICT
 HAS A JURY TRIAL
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HEARS MISDEMEANORS
CIVIL CASES UNDER $10,000
DOMESTIC RELATIONS CASES
FAMILY COURT, JUVENILE 16 &
UNDER
NC General Trials Courts
(con)
District Courts
 criminal district courtmisdemeanors
 civil cases involving less than
10,000
 juvenile court
 magisterial -traffic tickets,
fines, etc
 There is no jury for district
courts only a judge.
Landmark Court Decisions
Bayard v. Singleton
State v. Mann
The Leandro Case
Pg 392