Hierarchy US Judges Qualifications No qualifications Appointed by President approved by Senate Senatorial Courtesy President asks for recommendations from state senates Benefits of Federal Judges ID: 486989
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Slide1
Judicial BranchSlide2
Hierarchy Slide3
US Judges
Qualifications
No qualifications
Appointed by President- approved by Senate
Senatorial Courtesy
President asks for recommendations from state senatesSlide4
Benefits of Federal Judges
Serve for life**
Cannot get a pay cut
** They CAN be impeached
WHY??Slide5
NC State Judges
Qualifications
Must be 21 years old
Registered voter
Able to practice law
Lives in district
Elected by people, 8 year term limitSlide6
Jurisdiction
Original: having the authority to hear a case for the first time
Appellate: having the authority to review a case to see if the law was applied fairly
Ability to give orders in a certain areaSlide7
Jurisdiction cont.
Exclusive Jurisdiction- cases can state at state or federal level…. Can only be one
Concurrent jurisdiction- cases can start at EITHER state or federal level- they both have the power to hear the caseSlide8
Federal Court System- SAD
Supreme
Appeals
District
SpecialSlide9
District Courts
Has original jurisdiction for federal cases
94 total with at least one for each state
Cases are heard by judge and juries
90% of all federal cases start here
Only federal court that hears a case ad reaches verdict (guilty/not guilty)Slide10
Who's who in district court?
Marshall- protect jurors, arrest criminals, serve subpoenas, collect fines
Grand Jury- decides if there's enough evidence to try case
District Attorney- prosecutes people accused of breaking the law (federal lawyer- Cabot SVU)
Attorney/Public Attorney- rep defendant
Judge- issues the sentence
Jury- usually 12* decides guilty/innocenceSlide11
Appeals Court
AKA Appellate Courts, Circuit Courts, Court of Appeals
Has appellate jurisdiction
Appeal- lawyer thinks law was applied incorrectly, appeals for review of lower courts decision
3 judge panel makes decision:
Overturn (change outcome)
Deny (not give another chance)
Remand (send back to lower court)Slide12Slide13
Supreme Court
AKA SCOTUS
1 chief justice + 8 associate = 9 justices
Justices are appointed by the President and approved by the Senate
Original Jurisdiction only in 2 situations:
Case involving foreign diplomats
Cases between states
Appellate Jurisdiction when Constitutional issuesSlide14
Backrow: L-R Sonia Sotomayor, Stephen Breyer, Samuel A. Alito, Elena Kagan
Front row: L-R Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy,
Ruth
Bader GinsburgSlide15
Special Court
Original jurisdiction in 6 types of cases
US Military Court of Appeals
US Tax Court
US Court of International Trade
US Court of Federal Claims
Land Claims
Bankruptcy CourtSlide16
If a case goes to SCOTUS, what happens?
SCOTUS selects case for docket and reviews lawyer briefs
Oral arguments take place in which justices ask questions
Justices conference and vote- majority wins
Decisions are written and released to public
Majority decision
Dissenting decision
Concurring decision (agree, but for different reason)Slide17
Warm Up
Federal judges qualifications? Term length?
State judges qualifications? Term length?
Explain the levels of courts for the judicial branch
What's the difference between appellate and original jurisdiction?
What powers does the legislative branch have over the judicial branch?
What powers foes the executive branch have over the judicial branch?
What powers does the judicial branch have over the legislative and judicial branches?Slide18
NC Constitution, Article IV
…Justices of the Supreme Court, Judges of the Court of Appeals, and regular Judges of the Superior Court shall be elected by the qualified voters and shall hold office for terms of eight years and until their successors are elected and qualified. Justices of the Supreme Court and Judges of the Court of Appeals shall be
elected
by the qualified voters of the State….. The Supreme Court shall consist of a Chief Justice and six Associate Justices, but the General Assembly may increase the number of Associate Justices to not more than eight.
Analyze this excerpt.
Who elects NC Judges?
Term length?
How many people are on the NC Supreme Court?Slide19
State Court SASD Home
District- lowest level
Superior level
Appeals- three judge panel set to review
Supreme- highest levelSlide20
NC District Courts
Has original jurisdiction for misdemeanors and civil suits less than $10,000
Judge decides guilty/innocent and issues sentencesSlide21
NC Superior Courts
Has original jurisdiction for felonies and civil cases $10,000 or more
Jury decides guilty/innocent
Judge issues sentencesSlide22
NC Appeals Court
aka NC Appellate Court, Circuit Courts
Has appellate jurisdiction
Three judge panel makes decisions to:
Keep
Remand
OverturnSlide23
NC Supreme Court
1 chief justice and 6 associate justices= 7
Judges are elected for 8 year terms, no limits
Appellate jurisdiction only
Final say on all NC Constitution issuesSlide24
Hears more cases
Hears cases dealing with ONLY state issues
Hears criminal and civil cases
Hears less cases
Hears cases dealing with federal issues
Copy and add THREE to each
State
FederalSlide25
Exit Ticket
Explain this graphic.
Where does a case start?
What type of jurisdiction does a court have when they try the case for the 1
st
time?
The 2
nd
time?Slide26
Warm Up
Differentiate between original and appellate jurisdiction. Give and example of each.
Explain the levels of federal courts.
Draw a
venn
diagram comparing and contrasting state and federal courts.
In your opinion, which BRANCH has the most power? Why?Slide27
2 Main Kinds of Cases
Criminal
Someone has violated a law, a crime has been committed.
Prosecutor v. Defendant
Give 3 examples of a criminal case
Civil
Cases between two parties. No crime has been committed.
Plaintiff v. Defendant
Give 3 example of a civil case.