Federal & State courts
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Tags: Courts Federal State
Slide 1 - Federal & State courts
- SS.7.C.3.11 – Diagram the levels, functions, and powers of courts at the state and federal levels.
Slide 2 - Analyzing Articles
- The US Constitution sets up three distinct branches of government:
- Legislative – Makes Laws
- Executive – Enforces Laws
- Judicial – Interprets Laws
- The US Constitution describes each branch in this same order:
- Legislative – Article 1
- Executive – Article 2
- Judicial – Article 3
Slide 3 - “The judicial power of the United states, shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
- Article 3 Section 1 of the US Constitution
Slide 4 - Federalism is fundamentalFederalism is the sharing of powers between the national government and the state governments.
- Federal: US SENATE &
- US HOUSE OF REPS.
- State: FL SENATE
- FL HOUSE OF REPS.
- Federal: PRESIDENT
- State: GOVERNOR
- Federal: US SUPREME COURT
- FEDERAL COURTS
- State: FL SUPREME COURT
- FL COURTS
Slide 5 - JURISDICTION – WHAT IN THE WORLD?
- The federal court system deals with issues of law relating to the powers granted by the US constitution.
- The state court systems deal with issues of law relating to those matters that the US Constitution did not give to the federal government and are outlined in their own state constitutions.
- Jurisdiction - right and power for courts to interpret and apply the law, as outlined by either the US or FL constitution.
- Original Jurisdiction – the power of certain courts to be the first to hear a case on a specific topic.
Slide 6 - Federal Court System
- Deals with issues of law relating to the powers granted to it by the US Constitution.
Slide 8 - U.S. District Courts
- 94 District Courts
- Every state has at least one
- Larger states have as many as 4
- Lowest court in the federal court system
- Trial Court
- Hear both civil and criminal cases dealing with federal laws
- Has a judge and a jury
Slide 9 - Appeals – I don’t like YOUR answer!
- Appeal – a request made after a trial asking another court to decide whether or not a mistake in the law was made or if the trial was conducted improperly.
- Appellate Court – any court that has the power to hear appeals from lower courts
Slide 10 - U.S. Circuit Courts of Appeals
- 13 US Circuit Courts of Appeals
- Divided into regional circuits located in various cities across the country. (Atlanta is our closest!)
- Normally have 3 judges and no jury
- With the exception of when someone is found not guilty in a criminal case, any person who is dissatisfied with the judgment of a US District Court may appeal to the US Circuit Court in their region
Slide 11 - WRIT of CERTIORARI
- The procedure to see if the US Supreme Court will hear a case.
Slide 12 - U.S. Supreme COURT
- The top of the federal court system
- The highest court in our country
- Composed of 9 judges, known as justices
- Led by a Chief Justice – “First among equals” Still has only 1 vote
- Located in Washington D.C.
- Parties not satisfied with the decision of a US Circuit Court of Appeals or a State Supreme Court can petition or request for the US Supreme Court to hear their case
- The court picks roughly 75 cases to hear every year from 10,000 cases that apply
- Has the power of Judicial Review
Slide 13 - JUDICIAL REVIEW
- the power of the U.S. courts to examine the laws or actions of the legislative and executive branches of the government and to determine whether such actions are consistent with the U.S. Constitution
Slide 14 - State Court System
- Deals with issues of law relating to those matters that the U.S. Constitution did not give to the federal government and are outlined in their own state constitution.
Slide 16 - FLORIDA (STATE) COUNTY COURTS
- FL Constitution calls for a county court in all 67 counties
- Trial Courts
- Civil & Criminal cases are normally heard by 1 judge
- “People’s Court” because they hear a lot of cases involving minor arguments between citizens
- Handle traffic offenses, less serious criminal matters, and arguments about small amounts of money
Slide 17 - FLORIDA (STATE) CIRCUIT COURTS
- The FL Constitution established 20 circuits across the state
- Most jury trials in our state begin here
- Has a single judge and a jury
- Have jurisdiction over cases not assigned to county courts
- Hear appeals from county courts
- Highest trial court and lowest appellate court in Florida judiciary
Slide 18 - Florida (STATE) DISTRICT COURT OF APPEALS
- The FL Constitution divides the state into five districts, each with a DCA
- Each circuit court is assigned to a specific DCA
- Majority of appeals are heard by DCAs not the FL Supreme Court
- Cases are heard by a panel of 3 judges
- For most cases this is the last court
- Cases can be appealed to the FL or US Supreme Court, but most never get accepted
Slide 19 - FLORIDA (STATE) SUPRME COURT
- Highest court in the state
- 7 justices, 5 must participate in a case, and 4 must agree for a decision to be made
- Chief Justice is selected by vote for a 2 year term. S/he leads all events
- Powers listed in the FL Constitution, but can be altered by the Legislature
- Reviews death sentences, DCA decisions where a statute of the FL Constitution is found to be illegal, and can review other appeals from the DCA
Slide 20 - Compose a three paragraph response to the following using evidence from this lesson: “Why is it hard for most court cases to end In front of the UNITED States Supreme Court?”