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The Court System

The Court System. Laws without Courts are Dead Letters -Alexander Hamilton. The Court System. Established by Article III of the Constitution The Courts in a single sentence Interprets the Constitution Judicial Review- Marbury v. Madison (1803) The highest law of the land

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The Court System

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  1. The Court System Laws without Courts are Dead Letters -Alexander Hamilton

  2. The Court System • Established by Article III of the Constitution • The Courts in a single sentence • Interprets the Constitution • Judicial Review-Marbury v. Madison (1803) • The highest law of the land • Separate Courts Systems-Federal and State/Local

  3. Dual System • Federal or National Courts – Constitutional • 10th Amendment, Separate Federal and State. • State and Local Courts • Jurisdiction, sometimes dual

  4. Structure The Supreme Court The Inferior Courts The Constitutional Courts The Special Courts • 94 District Courts • 12 U.S. Courts of Appeal • Court of Appeal Federal Circuit • U.S. Court of Inter. Trade • Territorial Courts • Courts for Washington D.C. • U.S. Tax Courts • U.S. Court of Appeals (Armed Forces) • U.S. Court of Appeals (Veterans Benefits) • U.S. Court of Claims

  5. A Mid-Learn Review What amendment establishes Federalism? a. 1st b. 10th c. 2nd d. 9th What court case established Judicial Review? a. Gibbons v. Ogden b. Skordos v. Nalbandian c. Marbury v. Madison d. Miranda v. Arizona

  6. Jurisdiction -The Right of a Court to hear and decide a case • Exclusive • Concurrent • Original • Appellate

  7. Jurisdiction Federal Jurisdiction Concurrent Jurisdiction State Jurisdiction

  8. The Supreme Court • Established in Article III • 9 Members (1 Chief, 8 Associate) set by Congress • Appointed by President, Confirmed by Senate. . . FOR LIFE. • Supreme Court Building 1932

  9. History of the Court • 1790-John Jay • 1801-John Marshall • 1836-Roger Taney • 1888-Mehlville Fuller • 1921-William Howard Taft • 1941-Harlan Stone • 1953-Earl Warren • 1969-Warren Burger • 1986-William Rehnquist • 2005-John Roberts

  10. A Mid-Learn Review 2 What court is the only with exclusive jurisdiction? a. 8th Circuit b. Supreme Court c. Eastern Missouri d. U.S. Court of Claims How many of the 9 justices are appointed by the president? a. 1 b. 5 c. 9 d. none, they are appointed by the Senate

  11. Supreme Court Procedures • The Calender-1st Monday in October to June or July of following year. • Two Week Sessions-Sitting and Recess • Writ of Certiorari (Cert) 10k petitions, 100 heard (60 extra decisions without hearing) • Briefs on Petitions • Rule of Four • Hearing Date

  12. Case Procedures • Petition • Writ of Cert • Briefs • Oral Arguments-Questions • Conferences • Decisions-Opinions • Appeals

  13. Opinions • Majority-rule of law • Concurrent • Minority • Dissenting

  14. Judicial Review • Established by Marbury v. Madison • NOT listed in Article III or anywhere else in the Constitution • Power to declare laws and executive actions Unconstitutional • Check on the other two branches

  15. A Mid-Learn Review 3 What Supreme Court opinion is the only which carries the weight of law? a. Majority b. Concurrent c. Minority d. Dissenting Where in the Constitution is the power of Judicial Review found? a. Article I b. Article II c. Article III d. it is NOT in the Constitution

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