Friday, April 15, 2005 Agenda

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Friday, April 15, 2005Agenda

• 1.) Current events/Collect HW ?
• 2.) Chapter 19 notes
• (Quiz 1 Tuesday!)
• 3.) Jurisdiction Activity
• (HW 4 Due Tuesday!)

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If you are curious

• GOVT.10 The student will demonstrate knowledge of
  the operation of the federal judiciary by
• a.) explaining the jurisdiction of the federal
  courts.

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Chapter 19 The Federal Court System

• Jurisdiction of the Courts
• A. The U.S. has a dual court system of state and
  federal courts.
• B. State courts have jurisdiction over cases
  involving state laws.

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• C. Federal courts have jurisdiction over cases
  involving U.S. laws, foreign treaties, and the
  interpretation of the Constitution.
• D. In some cases, federal and state courts have
  concurrent jurisdiction.

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• E. In the federal court system, trial courts are
  district courts that have original jurisdiction
  federal courts of appeals have only appellate
  jurisdiction.

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II. The Federal Court Jurisdiction

• Federal courts deal with three types of law
• 1.) civil law
• 2.) criminal law
• 3.) constitutional law

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• B. Most of the cases tried in the federal courts
  involve civil law.
• 1.) plaintiff brings charges against a
  defendant.
• 2.) plaintiff sues to prevent a harmful action
  from taking place (injunction, writ of mandamus)

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• C. In criminal law cases, the U.S. government
  charges someone with breaking a federal law.
• 1.) might involve crimes like tax fraud,
  counterfeiting, mail fraud, and kidnapping.
• 2.) the government is always the prosecution.

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• 3.) most crimes committed break state laws and
  are tried in state courts.
• 4.) due to increasing crime rates, the number of
  criminal law cases that come before a federal
  judge are rising.

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• D. Only the federal courts try cases involving
  constitutional law they decide whether a law or
  action conflicts with the Constitution.

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III. Legal System Principles

• Equal Justice Under the Law
• 1. every person, regardless of wealth, social
  status, ethnic group, gender, or age is entitled
  to the full protection under the law.

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B. Due Process of Law

• 1.) generally means that the law must be applied
  in a fair manner.

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C. The Adversary System

• 1.) judicial system in which lawyers from
  opposing sides try to present their strongest
  case.
• 2.) lawyers for each side feel compelled to do
  what is necessary to advance the cause of their
  client.

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• 3.) the judge is impartial and fair to both
  sides.

4.) critics say this promotes victory over
justice.
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D. Presumption of Innocence

• Innocent until proven guilty
• 2. Not mentioned in the Constitution, but deeply
  rooted in English Heritage.

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IV. Constitutional Courts

• The federal district courts were created by
  Congress as trial courts for both civil and
  criminal cases. (MAP)

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• B. Criminal cases have two types of juries
• 1. grand jury hears charges against a person

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• 2. petit jury (trial jury) weighs evidence
  presented at a trial.

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• C. District courts carry the main burden in
  federal cases.
• The Workhorse!

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• D. In the majority of cases, district courts
  render the final decision.
• E. The 13 courts of appeals ease the appellate
  workload of the Supreme Court.

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• F. The courts of appeals may decide to
• 1. uphold the original decision
• 2. reverse the decision
• 3. send case back to the original court to be
  tried again.

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V. Legislative Courts

• Congress has created a series of legislative
  courts to help exercise its power.
• B. They include the U.S. Claims Court, U.S. Tax
  Court, the Court of Military Appeals, territorial
  courts, courts of the District of Columbia, and
  the court of Veterans Appeals.

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VI. Selection of Federal Judges


?
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• According to the Constitution, the President has
  the power to appoint all federal judges, with the
  approval of the Senate.
• B. Presidents often appoint judges from their
  own political party and who share their own
  points of view on issues.

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• C. In selecting judges, presidents follow the
  practice of senatorial courtesy.

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• D. Almost all federal judges have had legal
  training many have served as state court judges.
• E. Women and minorities have been appointed as
  judges in federal courts in increasing numbers
  since the mid-1970s.