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The Judiciary

The Judiciary. Two Types of Cases Criminal The government charges an individual with violating one or more specific laws. Civil The court resolves a dispute between two parties and defines the relationship between them. Nature of the Judicial System. Question :

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The Judiciary

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  1. The Judiciary AP U.S. GOVERNMENT & POLITICS - Judiciary

  2. Two Types of Cases Criminal The government charges an individual with violating one or more specific laws. Civil The court resolves a dispute between two parties and defines the relationship between them. Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

  3. Question: Are most cases tried and resolved in state or federal courts? Answer: State courts. Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

  4. Participants in the System Litigants The party bringing a charge is known as the . . . PLAINTIFF The party being charged is known as the . . . DEFENDANT Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

  5. Participants in the System Deciders People who often decide the outcome of a case . . . JURY Although, in some cases the “decider” is the . . . JUDGE Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

  6. Participants in the System Legal Issues In order to be able to be a plaintiff, one must have sustained, or is likely to sustain, a direct injury . . . “Standing to sue” In addition, a case must be capable of being settled as a matter of law. . . “Justiciable” Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

  7. Participants in the System Groups Non-party groups use the courts to influence policies. File legal briefs to influence court decisions . . . “Amicus Curiae” . . . friend of the court. Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

  8. Participants in the System Attorneys About 800,000 in the U.S. Issue: access is not equal Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

  9. Three Levels of FederalCourts Structure of the Federal System Supreme Court Courts of Appeal District Courts AP U.S. GOVERNMENT & POLITICS - Judiciary

  10. District Courts Are courts of “original jurisdiction” . . . Are the trial court: hear cast first and determine the facts. • Total = 91 Courts & 678 Judges Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

  11. Courts of Appeal Have appellate jurisdiction . . . Review legal issues in cases brought from lower courts • Do not hear testimony or hold trials, instead focus on errors of procedure and law • Total = 12 & 178 Judges Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

  12. The Supreme Court The number of justices is . . . NINE • Mostly appellate jurisdiction (hears appeals) • Most cases are: • * appealed from Federal Courts of Appeal • * Civil cases Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

  13. The Supreme Court A few key functions: * Ensures uniformity in interpreting national laws • * Resolves conflicts among states • * Maintains national supremacy in the law Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

  14. Reminder: “Supremacy Clause” Article VI, Clause 2 • This Constitution, and the Laws of the United States which shall be made in pursuance thereof; • and all treaties made, or which shall be made, under the authority of the United States, • shall be the supreme law of the land; • and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

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