The Federal and State Courts Notes for Chapter 8.

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The Federal and The Federal and State Courts State Courts Notes for Notes for Chapter 8 Chapter 8

Transcript of The Federal and State Courts Notes for Chapter 8.

Page 1: The Federal and State Courts Notes for Chapter 8.

The Federal and The Federal and State CourtsState Courts

The Federal and The Federal and State CourtsState Courts

Notes for Chapter 8Notes for Chapter 8

Page 2: The Federal and State Courts Notes for Chapter 8.

Court’s Basic Structure

US Supreme

Court

US Courts of Appeals

Federal District Courts

Other members of the federal judiciary

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The Federal Courts

• Federal District Courts: –94 districts, at least one per state.

–Nearest courthouse is Elizabeth City.

–Are “work horses of the federal system.” Most cases heard here.

–Only federal court where a jury trial is held. All others have bench trials.

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The Federal Courts

• US Court of Appeals: – 12 regular circuits.

– Judges sit in panels of 3.

– Hear only appeals.

– NC in Circuit 4, centered in Richmond, VA.

– The 13th circuit or “Federal Circuit” was created in 1982 in Washington, DC to hear civil appeals from several courts & the Patent Office.

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US Judicial Circuits

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The Federal Courts• Legislative Courts: Help Congress exercise

its power. Have fixed terms for most judges:– US Claims Ct.: Hear money suits vs. US– US Tax Ct.: Hear civil disputes with IRS-Not

criminal– Territorial Courts: Run like state courts.

Territories are US Virgin Islands, Guam, Puerto Rico, N. Marianas Islands.

– DC Courts: Run like municipal courts in most large cities.

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Other Members of the Judiciary

• Attorney General

• US District Attorneys

• US Marshalls

• Magistrates

• US Clerks of Court

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Jurisdiction Road

• For each scenario, the group should answer each of the following questions in the section that corresponds to the number:

a.Is it a criminal, civil or constitutional case?

b.Is there exclusive or concurrent jurisdiction?

c.What federal court has Original jurisdiction?

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Chapter 8.3• Getting Appointed: (pp.246, 250-251)

Process & CriteriaConstitutional Requirements

• Structure of the Supreme Court: (p. 250)Do search of the current membersDiscuss the “Switch in time that saved 9”

Powers of the Supreme Court: (pp. 250-53)Outline Constitutional wordingDiscuss Marbury v. Madison & quote in bookGive examples of Judicial Review & importance

Limits of the Supreme Court: (p. 253)Discuss today’s quote with Presidential checksDetail Congressional & Constitutional checks

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Read 8.4. Take notes for p. 78:1. Explain the ways cases reach the

SCOTUS:

• original jurisdiction

• appellate jurisdiction

• rule of 4

2. Explain the steps in hearing a case:

3. Explain 2 reasons why the decisions of the Supreme Court is important: