Justice System broken down Flashcards
Name the 4 types of laws:
Statutory Law
Common Law
Administrative Law
Constitutional Law
Who makes statutory laws?
Congress, state & local legislatures
Give an example(s) of a statutory law?
Fire exits must be present in all public buildings
This law is based on the decision of judges( their common sense and common practice)
Common Law
This law is made by government agencies (Executive Branch)
Hint: It affects us daily & may not even realize it
Administrative Law
What is an example of Administrative Law?
Consumer Product Safety Commission- recalling an unsafe toy
What are the two court systems?
Federal and State
What is the definition of Justices?
A judge or magistrate, a judge of the Supreme Court
What is the term Justice mean in the court system?
Those who deserve to be punished are punished, and those who are don’t are set free
“Innocent until proven guilty”
What article number of the constitution created the Supreme court?
Article 3
“The Judicial Powers of the U.S. shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time-to-time establish”
Article 3 of the Constitution
Congress passed the Judiciary Act in what year?
1789
Which court has jurisdiction in many areas?
Federal Courts
Define jurisdiction
The authority to interpret and administer the law in a given area
Example of a case that would land in Federal Court.
Murder over state lines……..
What is the Organization of the Federal Courts?
1) Original Jurisdiction
2) Appellate Jurisdiction
Authority of a court to hear cases first, trial courts, lowest level
Original Jurisdiction
Authority of a court to hear appeals, they review decisions made by lower courts
Appellate Jurisdiction
Convicted persons can appeal their case to this level (when the feeling is that the lower court’s decision was incorrect or unfair
Appellate Jurisdiction
What are the 3 Main Levels of Federal Courts?
1) U.S. District Courts
2) U.S. Court of Appeals
3) U.S. Supreme Court
This court exists in each state, and there are 94 of them.
U.S. District Courts
These are the only Federal Courts to use juries
U.S. District Courts
They have “original jurisdiction”…..
U.S. District Courts
Accused is to receive a fair trial, they are to be convient for all involved with the case, and juries will be familiar with the area and can judge better
U.S. District Courts-Constitution (Art. 3 Sec 2)
Appointed by the President, approved by the Senate
Judges
They preside over a single court
Judge
The decide the sentence of the accused if they are found guilty
Judge
Arrest the accused for breaking Federal Law & they deliver Subpoenas official court orders which require someone to appear in court
Marshal
Hears evidence against the accused and decides whether the case should be brought before a grand jury
Magistrate
They try minor cases
Magistrate
Lawyer for the federal government
U.S. Attorney
Try to prove to the jury that the accused person is guilty of the crime
U.S. Attorney
MIDDLE LEVEL COURTS
U.S. Courts of APPEALS
Review cases that are appealed from the DISTRICT COURTS and appeals from Federal Regulatory Agencies
U.S. Courts of Appeals
13 of these courts exist
U.S. Courts of Appeals
Each of this court covers a large Judicial District=CIRCUIT
U.S. Courts of Appeals
50 states are divided into 12 circuits
U.S. Courts of Appeals
Each of these types of courts has a panel of 3 judges=senior judge=Chief Judge
U.S. Courts of Appeals
They do NOT decide guilt or innocence, decide if the person appealing was granted full legal rights during their trial
U.S. Courts of Appeals
They use majority vote to decide
U.S. Courts of Appeals
If the case WAS determined to be UNFAIR:
It goes back to District Court for a retrial
If the case WAS determined to be FAIR:
Uphold decision, usually final, but can be appealed to the Supreme Court
HIGHEST LEVEL COURT
SUPREME COURT
Panel of 9 Justices, 8 associate, 1 chief
Supreme Court
Located in Washington D.C.
Supreme Court
They have appellate and *Original Jurisdiction
Supreme Court
*Original Jurisdiction in 3 areas
Cases over diplomatic representatives
Cases involving disputes between states
Cases involving a state and the Fed. Gov
Hears cases involving $ and the Federal Government. (if the Fed. Government lost=Congress must approve the spending of the $ awarded)
U.S. Claims Courts
Cases involving tariffs or import taxes (ex. - if you felt the import tax was too high - you can challenge)
U.S. Court of International Trade
Bring justice to those people in U.S. territories (District Courts for the territories)
Territorial Courts
Hears appeals from taxpayers who disagree with the IRS (actually an Independent Agency with the power of a court)
U.S. Tax Court
People in the military who are accused of breaking the law are tried at a COURT MARTIAL=you can appeal those decisions to this court=consists of 3 civilian judges
Court of Military Appeals
Appointed for life; Can only be removed by impeachment
Federal Court Judges/Justices
Congress may NOT lower a judge’s salary during his/her term (so they can’t be punished or rewarded for their decisions)
Federal Court Judges/Justices
Appointed by the President and MUST be approved by the SENATE
Federal Court Judges/Justices
Head of the Judicial Branch & the ONLY court established by the CONSTITUTION
The Supreme Court
Size is determined by Congress; fixed at 9 since 1869
Justices of The Supreme Court
What are the requirements to be a Justice for The Supreme Court?
NONE! Set by the Constitution
All had been men until 1981 (Ronald Reagan appointed Sandra Day O’Connor)
Justices of the Supreme Court
How many woman currently serve as Justices of the Supreme Court?
3
Sonia Sotomayor, Elena Kagan, Amy Barrett
Woman Justices of the Supreme Court
Who is the current Chief Justice of The Supreme Court?
John Roberts
How many justices were nominated by a Republican president?
6
How many justices were nominated by a Democratic president?
3
Power to study & review laws passed by Congress
Judicial Review
Before the Court can do this, someone must challenge the law in court- only appealed or challenged laws go to the Supreme Court
Judicial Review
Judges/Justices have the power to determine whether the law passed by Congress or Presidential Action is Constitutional
Judicial Review
If the law CONFLICTS with the Constitution=UNCONSTITUTIONAL
Judicial Review, thrown out by the court
This power is NOT specifically listed in the Constitution
Judicial Review
It was established by John Marshall
Judicial Review
During his 34 years on the court, he established the 3 Basic Principles of American Law
John Marshall
What was the case, and when that established Judicial Review?
1803, Marbury vs Madison
List the key points of Marbury vs Madison
Marbury was promised a job by Madison
Madison didn’t give Marbury the job
Marbury said the Judiciary Act of 1789 allowed the court to order Madison to give him the job
Marshall said that the Judiciary Act was unconstitutional
What are the 3 Basic Principles of American Law?
Marbury vs Madison
Principle laws passed by a State Legislature could be set aside as unconstitutional
Supreme Court can reverse the decisions of State Courts
Who has the power to establish what the Constitution means?
Court
How does the Supreme Court decide what cases to hear?
They select cases that involve significant public interest ( election 2000) (abortion) or cases dealing with important Constitutional issues
How many Justices must agree to hear the case?
4 out of 9
