the judicial branch

The Judicial The Judicial BranchBranch

Why Lady Justice?Why Lady Justice?

Symbolism:Symbolism:Blindfold- Justice is meted out Blindfold- Justice is meted out

objectively.objectively.

Scales- measure the strengths Scales- measure the strengths of a case.of a case.

Double edged sword- each side Double edged sword- each side represents Reason and Justice.represents Reason and Justice.

The Judicial BranchThe Judicial Branch

Interpret the laws created by Interpret the laws created by Congress or the actions of the Congress or the actions of the President.President.

Administer justice and punish Administer justice and punish offenders.offenders.

Act as an arbitrator in Act as an arbitrator in disputes.disputes.

The Judicial BranchThe Judicial Branch

Two different types of cases:Two different types of cases: CriminalCriminal CivilCivil

Three different levels:Three different levels: LocalLocal StateState FederalFederal

Criminal CasesCriminal Cases A District Attorney (state) or US A District Attorney (state) or US

Attorney (federal) brings Attorney (federal) brings criminal charges before the criminal charges before the courts because a violation of courts because a violation of criminal law is considered to be criminal law is considered to be a offense against the community.a offense against the community.

Summary, misdemeanor, and Summary, misdemeanor, and felony offenses are prosecuted.felony offenses are prosecuted.

““Prosecutors” work on behalf of Prosecutors” work on behalf of the “PEOPLE”the “PEOPLE”

Criminal CasesCriminal Cases

Summary offensesSummary offenses- usually tried - usually tried without a jury and are without a jury and are considered to be petty offenses.considered to be petty offenses.

Violation of traffic lawsViolation of traffic lawsJaywalkingJaywalkingDog licensesDog licenses


Misdemeanor offensesMisdemeanor offenses- a crime that - a crime that is not a felony and is punishable by a is not a felony and is punishable by a fine and up to one year in jailfine and up to one year in jail First offense of a crime may be a First offense of a crime may be a

misdemeanor and subsequent misdemeanor and subsequent offenses may be felonies.offenses may be felonies.DUIDUIDrug possessionDrug possessionDisorderly conductDisorderly conduct


Felony offensesFelony offenses- crimes that are - crimes that are punishable by at least one year in punishable by at least one year in prison. Offenders can lose their prison. Offenders can lose their right to vote or hold public offices right to vote or hold public offices and may have to register with local and may have to register with local police upon release from prison.police upon release from prison. Ranked: 1st degree, 2nd degree, Ranked: 1st degree, 2nd degree,

and 3rd degree. 1st degree and 3rd degree. 1st degree being most severe.being most severe.

Criminal CasesCriminal Cases Examples:Examples:

- ArsonArson - ID Theft - ID Theft- Assault/ BatteryAssault/ Battery - Insurance Fraud - Insurance Fraud- BriberyBribery - Manslaughter - Manslaughter- Child AbuseChild Abuse - Murder - Murder- Domestic Violence - PerjuryDomestic Violence - Perjury- Drug OffencesDrug Offences - Rape - Rape- EmbezzlementEmbezzlement - RICO Violations - RICO Violations- ExtortionExtortion - Tax Evasion - Tax Evasion

Criminal TrialsCriminal Trials

ProcessProcess


THINK…THINK…

Civil CasesCivil Cases

Result from a dispute over the rights Result from a dispute over the rights and/or duties that individuals and and/or duties that individuals and organizations owe to each other.organizations owe to each other.

Crime victim initiates and controls Crime victim initiates and controls the case, not the government.the case, not the government.

If one is found guilty, they do not go If one is found guilty, they do not go to jail.to jail.

Attorneys are not provided to the Attorneys are not provided to the accused.accused.


Unlike a criminal case where the Unlike a criminal case where the accused must be proved to be accused must be proved to be guilty “beyond a reasonable guilty “beyond a reasonable doubt”, the accused in a civil doubt”, the accused in a civil case most only be proven to be case most only be proven to be liable for the charges by “a liable for the charges by “a preponderance of the evidence” preponderance of the evidence” (more than 50%).(more than 50%).

Civil CasesCivil Cases Examples:Examples:

-Accidents and Injuries:-Accidents and Injuries:-Food poisoning-Food poisoning --

MalpracticeMalpractice-Slip and Fall-Slip and Fall -Workers’ -Workers’ -Bankruptcy-Bankruptcy

-Auto Accidents-Auto Accidents-Dangerous Products-Dangerous Products-Property Rights (Real Estate/ -Property Rights (Real Estate/

Intellectual)Intellectual)-Employee Rights-Employee Rights

Civil TrialsCivil Trials

ProcessProcess


THINK…THINK…

Criminal & Civil CasesCriminal & Civil Cases

Sometimes the same conduct Sometimes the same conduct may violate both criminal and may violate both criminal and civil laws. civil laws.

A defendant whose actions A defendant whose actions violate both criminal and civil violate both criminal and civil rules may be prosecuted by the rules may be prosecuted by the state/fed and civilly sued by the state/fed and civilly sued by the victim for monetary damages.victim for monetary damages.

THINK…THINK…

1995- Prosecuted for 1995- Prosecuted for murder and found murder and found “not guilty”.“not guilty”.

1997- Sued civilly for 1997- Sued civilly for “wrongful death” by “wrongful death” by the victims’ families the victims’ families and was found and was found “liable”.“liable”.

Criminal or Civil?Criminal or Civil?

1. You are eating at the 1. You are eating at the local McDonalds and get local McDonalds and get food poisoning from their food poisoning from their French fries because of French fries because of poor food handling poor food handling practices?practices?


2. You are at a concert at 2. You are at a concert at Post-Gazette Pavilion and Post-Gazette Pavilion and are caught for underage are caught for underage drinking?drinking?


3. You are walking through 3. You are walking through the food court at South the food court at South Hills Village and slip on a Hills Village and slip on a mopped floor that was not mopped floor that was not clearly marked and you clearly marked and you hurt your back?hurt your back?


4. You are in the process 4. You are in the process of breaking your ex-of breaking your ex-boyfriend/ girlfriend’s boyfriend/ girlfriend’s car windows and their car windows and their dog bites you?dog bites you?

VocabularyVocabulary PlaintiffPlaintiff: person who files suit: person who files suit DefendantDefendant: person charged with crime : person charged with crime

or against whom a civil complaint is or against whom a civil complaint is filedfiled

JurisdictionJurisdiction- the official power to try - the official power to try and decide a case. and decide a case. Federal – only Fed law issues are at stake, Federal – only Fed law issues are at stake,

constitutional questionsconstitutional questions State – only state law questions are at State – only state law questions are at

stakestake Concurrent – both fed and state issuesConcurrent – both fed and state issues

Levels of Courts / JudgesLevels of Courts / Judges

Local – District Magistrates are Local – District Magistrates are electedelected

State – Judges are elected in PAState – Judges are elected in PA Federal – Judges are appointed Federal – Judges are appointed

by the President, then by the President, then confirmed by the US Senateconfirmed by the US Senate

FEDERALISM!FEDERALISM!

Local CourtsLocal Courts

Deal with State and Local Laws, Deal with State and Local Laws, Zoning Ordinances.Zoning Ordinances.

County or Municipal level.County or Municipal level. Often overseen by District Justices/ Often overseen by District Justices/

Magistrates or Court “Masters”.Magistrates or Court “Masters”. District Justices/ Magistrates need District Justices/ Magistrates need

not be lawyersnot be lawyers

State CourtState Court

Deal with Pennsylvania laws and Deal with Pennsylvania laws and statutes.statutes.

Generally, elected officials.Generally, elected officials. Pennsylvania has a mandatory Pennsylvania has a mandatory

retirement age for judges- 70 yr retirement age for judges- 70 yr old.old.

State CourtsState Courts

Jurisdiction:Jurisdiction:

-Cases involving the state constitution-Cases involving the state constitution

-State criminal offenses-State criminal offenses

-Tort and personal injury law-Tort and personal injury law

-Contract law-Contract law

-Probate-Probate

-Family-Family

-Sale of goods-Sale of goods

-Election issues-Election issues

-Traffic regulation-Traffic regulation

Organization of PA Organization of PA CourtsCourts

Federal CourtsFederal Courts

Two types of Federal Courts:Two types of Federal Courts:Those established by Article Those established by Article III of the US Constitution.III of the US Constitution.

Those established by acts of Those established by acts of Congress or Article I of the Congress or Article I of the US Constitution.US Constitution.

THE U.S. COURT SYSTEMTHE U.S. COURT SYSTEM U.S. SUPREME COURTU.S. SUPREME COURT

Hear appeals from U.S. Circuit Courts of Hear appeals from U.S. Circuit Courts of Appeal Appeal andand State Supreme Courts regarding State Supreme Courts regarding federal mattersfederal matters

(discretionary appeal)(discretionary appeal)

U.S. Circuit Courts of AppealsU.S. Circuit Courts of Appeals 12 regional U.S. Circuit Courts12 regional U.S. Circuit Courts 1 Federal Circuit1 Federal Circuit Hear appeals, typically as a 3-judge panel, of Hear appeals, typically as a 3-judge panel, of

U.S. District Court casesU.S. District Court cases (automatic appeal)(automatic appeal)

U.S. District CourtsU.S. District Courts 94 federal districts 94 federal districts act as trial courts on matters of federal lawact as trial courts on matters of federal law


Special Courts established by Special Courts established by Congress:Congress: Judges are appointed by the President, Judges are appointed by the President,

approved the Senate, & usually serve approved the Senate, & usually serve for 15 years.for 15 years. Magistrate courtsMagistrate courts Bankruptcy courtsBankruptcy courts US Court of Military AppealsUS Court of Military Appeals US Tax CourtUS Tax Court US Court of Veterans’ AppealsUS Court of Veterans’ Appeals


Jurisdiction:Jurisdiction:- Civil cases involving citizens of - Civil cases involving citizens of different states or an amount in dispute different states or an amount in dispute over $75 Kover $75 K- Suits between states- Suits between states- Cases involving ambassadors and - Cases involving ambassadors and other high profile public officialsother high profile public officials- Federal Crimes- Federal Crimes- Violations of Constitutional Rights- Violations of Constitutional Rights- Bankruptcy- Bankruptcy

Jurisdiction?Jurisdiction?

1. You are late to meet your 1. You are late to meet your friends at the movies and are friends at the movies and are pulled over going 84 mph on pulled over going 84 mph on I-79I-79

Magistrate, State or Federal Magistrate, State or Federal Court? Court?


2. Your rich Uncle Montgomery 2. Your rich Uncle Montgomery Brewster dies and leaves you Brewster dies and leaves you his speed boat in Florida which his speed boat in Florida which you use to conduct robberies in you use to conduct robberies in the Caribbeanthe Caribbean



3. You threaten to kill the 3. You threaten to kill the President because you President because you cannot afford college cannot afford college

Magistrate, State or Magistrate, State or Federal Court? Federal Court?


4. Money is tight and you and your 4. Money is tight and you and your family of nine make money by selling family of nine make money by selling very small amounts of illegal drugs very small amounts of illegal drugs out of the back of the restaurant that out of the back of the restaurant that you own and operate on Route 19. you own and operate on Route 19. The North Strabane police bust youThe North Strabane police bust you



5. After graduating from college 5. After graduating from college you begin to work as a trader on you begin to work as a trader on Wall Street and use inside Wall Street and use inside information to short sell stock information to short sell stock and make yourself a lot of moneyand make yourself a lot of money


Today’s Court……Today’s Court……

The Supreme CourtThe Supreme Court 9 judges, known as justices, and presided 9 judges, known as justices, and presided

over by the Chief Justice.over by the Chief Justice. Parties that are not satisfied with the Parties that are not satisfied with the

decision of a US Circuit Court of Appeal, decision of a US Circuit Court of Appeal, US District Court, or state supreme court US District Court, or state supreme court can petition to have their case heard.can petition to have their case heard.

Hears 100 of 8,000 cases it is asked to Hears 100 of 8,000 cases it is asked to hear each year.hear each year.

Has original jurisdiction in cases involving Has original jurisdiction in cases involving ambassadors.ambassadors.

ReferencesReferences

http://www.uscourts.gov

The Constitution of the United StatesThe Constitution of the United Stateshttp://www.findlaw.com/http://www.courts.state.pa.ushttp://www.fjc.govhttp://www.attorneygeneral.gov

the judicial branch

Documents

criminal casesexamples

criminal charges

civil casesexamples

civil laws

civil casesunlike

civil rules

violation of criminal

petty offenses