The LAST Unit of the Year!!
Article III –
Judicial Branch
Chapter 14 – Structure
Chapters 15 and 16 – Cases,
Rights, Amendments, Etc.
21
Legislative
Executive
Judicial
National CONGRESS President
(535)
(Federal)
Supreme
Court (9)
& other Fed
courts
General
Assembly
(132)
St. Sup. Ct (7)
&
State Appeals
Courts (5)
State
Local
City Council
(6+1)
Governor
Mayor
Common
Pleas(2)
&
Municipal (1)
My “legal” caveat…..
Unfortunately I didn’t go to law school….I am a
wannabe lawyer  ….this stuff is occasionally
tough to grasp, (especially when we get to case
law, court logic is goofy at times)
Original Jurisdiction
The authority of a court to hear a
case before any other court does.
Appellate Jurisdiction
The authority of a court to hear
cases that have been tried, decided,
or reexamined in other courts.
How do Judges decide
constitutionality?
1. Use the exact words of the Constitution or try
to determine the intent of the words.
(Marbury v. Madison, 1803)
*REMEMBER, the courts do not make law
2. Precedents.
What
were
previous
decisions
or decide if laws are wise. Their job is to
made by the court?
determine the constitutionality of existing
3. Rely on their own principles
and
judgment.
laws.
Sometimes #1 and #2 will not work
Oversimplified View
Federal Courts (Fed Law and
Constitutional Issues)
• US Supreme Court
State Courts
(state law & civil cases)
• Federal Circuit Court
• Ohio Supreme Court
of Appeals
• Ohio Appeals Courts
• Common Pleas,
Municipal Courts
• Federal District
Courts
Ohio State Supreme Court
Ohio Court of Appeals
(Green:
Test
Worthy!)
Common Pleas
County
Courts
Municipal
Courts
Mayor’s Courts
Ohio’s Court
Structure
Court of
Claims
State Level Courts - OHIO
• All Judges in Ohio are elected to 6 year
terms from non-partisan ballots
• Attorneys who have passed the Bar
• 6 years of “practice”
- Fairborn
Judge
Beth Root
Municipal Court :
Mostly traffic court &
misdemeanor crimes
Greene County Common Pleas
Original jurisdiction in all criminal
felony cases and original jurisdiction
in all civil cases in which the amount
in controversy is more than $500.
Xenia Common Pleas
General Division
Judges
Stephen Wolaver and
Michael Buckhalter
Common Pleas – 4 Divisions
• General Division – Civil and Criminal
• Domestic Relations – Divorces,
dissolutions; child custody cases
• Juvenile Division
• Probate Court – Descendants’
estates; mental illness; adoptions;
marriage licenses
Ohio’s
nd
2
District Court of Appeals
(Located in Dayton, travel among six counties they serve)
Chief Justice
Maureen
O’Connor
First Elected in 2002; became
Ohio’s First Female Chief
Justice Jan. 1, 2011
Landmark US Cases from OSC
• Mapp v. OH
• Terry v. OH
• Brandenburg v. OH
Onto the Federal
level… where ALL
judges are appointed
The United States Court System
U.S. Supreme Court
U.S. Court of Appeals 12+1 Circuits
Administrative
Agencies
(Tax Courts, etc…)
U.S. District
Courts
U.S. District
Courts
Federal and
Local
Jurisdiction
Federal
Jurisdiction
only
Appeals from State
Supreme Courts
Article III
“The Judicial Power of the U.S. shall
be vested in one Supreme Court and
in such inferior courts as the
Congress may…..establish”
Judiciary Act 1789
• Creates the Federal Court system as well as
an Attorney General
• “Ride the Circuit”
• John Jay
• John Marshall – 4th CJ - 1801-1835
• 112 Justices on the Supreme Court in all of
American History including 17 Chief Justices.
Congress and the Federal Courts
• Determines number of judges and
where they work
• President chooses, Senate Confirms
• Congress controls the court’s budget
(less than 1% of federal budget)
“…persons of equal and impartial justice under the law”
Chief Justice
John
Roberts
Sotomayor (L)
Breyer (L)
Alito (C)
Kagan (L)
Ginsburg (L)
Thomas (C)
Scalia (C)
Roberts (C)
Kennedy (M)
The Roberts Court 2013
8
•
•
•
•
•
•
•
•
•
6
4
2
1
3
1 – Roberts (2005 W. Bush)
2 – Scalia (1986 - Reagan)
3 – Kennedy (1988 - Bush)
4 – Thomas (1991 - Bush)
5 – Ginsburg (1993 - Clinton)
6 – Breyer (1994 - Clinton)
7 – Alito ( 2006 – W Bush)
8 – Sotomayor (2009 - Obama)
9 – Kagan ( 2010 - Obama)
5
7
9
•
•
•
•
U.S. Supreme Court’s
ORIGINAL Jurisdiction
a case between the U.S. and a state
a case between two or more states
a case brought by a state against a
citizen of another state
a case involving an ambassador or
foreign minister or consul
Today many of the original jurisdiction
cases start in lower courts
Because of this, there are relatively few
"original jurisdiction" cases
Usually a couple of cases a year out of
5000-7000 requests, sometimes none at all
(jury on request)
U.S. Supreme Court’s
APPELLATE Jurisdiction
1. “Discretionary”
2. A case on appeal from the
lower federal courts. (most
common)
3. A case from the "highest" state
court (state supreme courts)
Opinion of the Court: A signed opinion
of a majority of the Supreme Court.
Concurring Opinion: A signed opinion in
which one or more justices agree with
the majority view but for different
reasons.
Dissenting Opinion: A signed opinion in
which one or more justices disagree
with the majority view.
U.S. District Courts
• 94 Districts contained in 13 circuits
• 650+ Judges (Thomas Rose)
• “Trial” Court of the Federal
government
• Branch in Dayton; central court in
Cincy
US District Courts
U.S. District Court’s
Jurisdiction (3 types)
• Federal Question Jurisdiction:
cases that involve issues
concerning the Constitution or
other federal laws
U.S. District Court’s
Jurisdiction (3 types) (CONT)
• Diversity Jurisdiction: plaintiff and the
defendant have different state citizenships.
• there are exceptions to diversity jurisdiction
for some cases, including probate cases and
family law cases
U.S. District Court’s
Jurisdiction (3 types) (CONT)
• Supplemental Jurisdiction: federal court can
hear a claim that would normally come under
the jurisdiction of a state court if it is related
to a claim already before that court.
• NOTE: supplementary jurisdiction is
discretionary -- a court can choose whether or
not to exercise it in a given case.
U.S. Court of Appeals
• 179 Judges contained in the 13 circuits
• 16 Judges in the 6th circuit court of
appeals located in Cincinnati
• First circuit has 6 judges; ninth has 29
U.S. Court of Appeals
12+1 (circuit courts)
U.S. Court of Appeals
(circuit courts) CONT.
• The circuit courts do not handle jury
trials.
• 3 judge panels
• They only handle cases where a party
argues that a district court judge made
an error in handling their case.
All of these Federal Courts discussed are
known as “Article III” courts.
Other “Article III” courts:
• The United States Court of Appeals for the
Federal Circuit (13th): a specialized circuit
court with national jurisdiction. The Federal
Circuit hears appeals on most patent issues. It
also serves as an appellate court for many of
the "Article I” courts
• Bankruptcy Court
“Article I” Courts –
judges not all life appointees
• The United States Tax Court handles cases
involving the federal tax system.
• The United States Court of International
Trade has jurisdiction over cases involving the
international trade laws.
• The United States Court of Federal Claims
hears cases involving claims for money
damages against the Federal government. (tax
refunds, etc… civil
• The United States Court of Appeals for the
Armed Forces has worldwide jurisdiction over
appeals of military court-martial cases
Executive Branch and the Federal
Courts
• Appoints all federal judges
• Department of Justice (Attorney
General, Solicitor General)
• U.S. Marshall’s provide security
for courtrooms and judges