Judicial Branch. The Judicial Branch is like the other two branches. It exists at the 3 levels of...
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Transcript of Judicial Branch. The Judicial Branch is like the other two branches. It exists at the 3 levels of...
Judicial BranchJudicial Branch
The Judicial Branch is like the other two branches. It exists at the 3 levels of government.
As the other branches are broken up into section, we will see that the Judicial Branch has parts that have certain functions.
The Judicial Branch is like the other two branches. It exists at the 3 levels of government.
As the other branches are broken up into section, we will see that the Judicial Branch has parts that have certain functions.
ThreelevelsThreelevels
National levelNational level Supreme Court - has power of judicial
review Federal Courts - Try cases involving
federal law and U.S. Constitutional questions
Supreme Court - has power of judicial review
Federal Courts - Try cases involving federal law and U.S. Constitutional questions
State levelState level Supreme Court - Has power of
judicial review over state laws Circuit courts - Try civil and criminal
cases
Supreme Court - Has power of judicial review over state laws
Circuit courts - Try civil and criminal cases
Local LevelLocal Level Local Courts -Hear cases under
the authority provided by state legislation
Local Courts -Hear cases under the authority provided by state legislation
Court SystemCourt System The Court System is Broken into
State and Federal Courts State courts deal mainly with State
crimes Federal Courts deal with Federal
Crimes
The Court System is Broken into State and Federal Courts
State courts deal mainly with State crimes
Federal Courts deal with Federal Crimes
Court SystemCourt System Courts handle two types of Cases 1. Criminal: whether a law has been
broken. 2. Civil: Disagreement between two
parties
Courts handle two types of Cases 1. Criminal: whether a law has been
broken. 2. Civil: Disagreement between two
parties
The United States has a separate court system whose organization and jurisdiction are derived from the Constitution and federal laws.
The Judicial Branch is exercised in a duel court system, which consists of state and federal courts.
The United States has a separate court system whose organization and jurisdiction are derived from the Constitution and federal laws.
The Judicial Branch is exercised in a duel court system, which consists of state and federal courts.
Organization and Jurisdiction of Federal and State Courts
Organization and Jurisdiction of Federal and State Courts
JURISDICTIONJURISDICTIONThe court’s authority to hear and decide cases.
Original: the authority to hear cases for the first time
Concurrent: the authority for both federal and state courts to hear cases
Exclusive: only the federal courts may hear certain types of cases (see next slide)
The court’s authority to hear and decide cases.
Original: the authority to hear cases for the first time
Concurrent: the authority for both federal and state courts to hear cases
Exclusive: only the federal courts may hear certain types of cases (see next slide)
FEDERAL COURTSFEDERAL COURTSTypes of cases heard 1. Cases involving the Constitution 2. Violations of federal law 3. Controversies between states. 4. Disputes between parties of different states 5. Suits involving the federal government 6. Cases involving foreign governments and
treaties 7. Cases based on admiralty and maritime laws 8. Cases involving U.S. Diplomats
Types of cases heard 1. Cases involving the Constitution 2. Violations of federal law 3. Controversies between states. 4. Disputes between parties of different states 5. Suits involving the federal government 6. Cases involving foreign governments and
treaties 7. Cases based on admiralty and maritime laws 8. Cases involving U.S. Diplomats
Federal CourtsFederal CourtsThe federal courts has 3 different The federal courts has 3 different layers. layers.
Supreme Court U.S. Courts of Appeals U.S. District Courts
The Judiciary Act of 1789
organized these courts
The federal courts has 3 different The federal courts has 3 different layers. layers.
Supreme Court U.S. Courts of Appeals U.S. District Courts
The Judiciary Act of 1789
organized these courts
Federal CourtsFederal CourtsU.S. Supreme Court
HIGHEST COURT Final court of appeals for both the state
and federal courts It has some original jurisdiction The court normally chooses cases that
have important constitutional issues The Supreme court has 9 Justices that
decide the case
U.S. Supreme Court HIGHEST COURT Final court of appeals for both the state
and federal courts It has some original jurisdiction The court normally chooses cases that
have important constitutional issues The Supreme court has 9 Justices that
decide the case
Federal CourtsFederal CourtsU.S. Court of Appeals 12 Appellate Courts
These twelve courts are divided into regions which are called circuits. They take cases from the district court in their regions.
There is a 13th court of appeals that deals with special federal courts and agencies of the Executive Branch
U.S. Court of Appeals 12 Appellate Courts
These twelve courts are divided into regions which are called circuits. They take cases from the district court in their regions.
There is a 13th court of appeals that deals with special federal courts and agencies of the Executive Branch
Federal CourtsFederal CourtsU.S. Court of Appeals
There are no juries, witnesses, no examining of evidence
There is a Panel of 3 Judges that decide whether the original trial was fair and the law was interpreted correctly
They do not decide guilt or innocence
U.S. Court of Appeals There are no juries, witnesses, no
examining of evidence There is a Panel of 3 Judges that
decide whether the original trial was fair and the law was interpreted correctly
They do not decide guilt or innocence
Federal CourtsFederal Courts District Courts 94 District courts in the U.S.
Each states has at least one court They have original jurisdiction 1 Judge, Jury, witnesses, etc
District Courts 94 District courts in the U.S.
Each states has at least one court They have original jurisdiction 1 Judge, Jury, witnesses, etc
State CourtsState CourtsThe state court has 3 different The state court has 3 different layers. layers.
State Supreme Court Courts of Appeals Trial Courts
Circuit Courts/General District Court
The state court has 3 different The state court has 3 different layers. layers.
State Supreme Court Courts of Appeals Trial Courts
Circuit Courts/General District Court
State CourtsState CourtsVirginia Supreme Court Court of final appeal (appellate
jurisdiction) Limited original jurisdiction Justices/no jury
Virginia Supreme Court Court of final appeal (appellate
jurisdiction) Limited original jurisdiction Justices/no jury
State CourtsState CourtsCourt of Appeals of Virginia Appellate jurisdiction from circuit
courts Judges/no jury
Court of Appeals of Virginia Appellate jurisdiction from circuit
courts Judges/no jury
State CourtsState CourtsCircuit Courts Original jurisdiction for felony
criminal cases and for certain civil cases
Appellate jurisdiction from General District Courts
Judge and a Jury
Circuit Courts Original jurisdiction for felony
criminal cases and for certain civil cases
Appellate jurisdiction from General District Courts
Judge and a Jury
State CourtsState CourtsGeneral District courts Original jurisdiction for
misdemeanors Civil cases for normally lower dollar
amounts Judge
General District courts Original jurisdiction for
misdemeanors Civil cases for normally lower dollar
amounts Judge
State CourtsState CourtsJuvenile and Domestic Relations
District court Deals with Juvenile and family cases Judge but no jury
Juvenile and Domestic Relations District court
Deals with Juvenile and family cases Judge but no jury
State CourtsState CourtsMagistrates Issue search warrants, subpoenas,
arrest warrants, summons, and set bail
Magistrates Issue search warrants, subpoenas,
arrest warrants, summons, and set bail
Judicial ReviewJudicial Review The Supreme courts of the United
States and Virginia determine the constitutionality of laws and acts of the executive branch of government
This power is called judicial review.
The Supreme courts of the United States and Virginia determine the constitutionality of laws and acts of the executive branch of government
This power is called judicial review.
Judicial ReviewJudicial Review The power of judicial review is an
important check on the legislative and executive branches of government.
Marbury v. Madison established the principle of judicial review at the national level.
The power of judicial review is an important check on the legislative and executive branches of government.
Marbury v. Madison established the principle of judicial review at the national level.
ConstitutionConstitution The Constitution of the United The Constitution of the United
States of America is the supreme States of America is the supreme law of the land.law of the land.
State laws must conform to the State laws must conform to the Virginia and U.S. Constitutions.Virginia and U.S. Constitutions.
The Constitution of the United The Constitution of the United States of America is the supreme States of America is the supreme law of the land.law of the land.
State laws must conform to the State laws must conform to the Virginia and U.S. Constitutions.Virginia and U.S. Constitutions.