the last unit of the year!! article iii – judicial branch chapter 14 – structure chapters 15 and...
TRANSCRIPT
The LAST Unit of the Year!!Article III –
Judicial Branch
Chapter 14 – StructureChapters 15 and 16 – Cases, Rights, Amendments, Etc.
21 Legis-lative Executive Judicial
National (Federal)
CONGRESS(535)
PresidentSupreme Court (9)
& other Fed courts
StateGeneral
Assembly(132)
GovernorSt. Sup. Ct (7)
&State Appeals
Courts (5)
Local City Council(6+1)
Mayor
Common Pleas(2)
& Municipal (1)
My “legal” caveat…..Unfortunately I didn’t go to law school….I am a
wannabe lawyer ….this stuff is occasionally tough to grasp, (especially when we get to case law, court logic
is goofy at times)
Original JurisdictionThe authority of a court to hear a case before any other court does.
The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.
Appellate Jurisdiction
1. Use the exact words of the Constitution or try to determine the intent of the words. (Marbury v. Madison, 1803)
2. Precedents. What were previous decisions made by the court?
3. Rely on their own principles and judgment. Sometimes #1 and #2 will not work
*REMEMBER, the courts do not make law or decide if laws are wise. Their job is to
determine the constitutionality of existing laws.
How do Judges decide constitutionality?
Oversimplified View
State Courts (state law & civil cases)
• Ohio Supreme Court
• Ohio Appeals Courts
• Common Pleas, Municipal Courts
Federal Courts (Fed Law and
Constitutional Issues)
• US Supreme Court
• Federal Circuit Court of Appeals
• Federal District Courts
County Courts
Common Pleas
Ohio State Supreme Court
Mayor’s Courts
Ohio Court of Appeals
MunicipalCourts
Court of Claims
Ohio’s Court Structure
(Green: Test Worthy!)
State Level Courts - OHIO
• All Judges in Ohio are elected to 6 year terms from non-partisan ballots
• Attorneys who have passed the Bar• 6 years of “practice”
Original jurisdiction in all criminal felony cases and original jurisdiction in all civil cases in which the amount in controversy is more than $500.
Greene County Common Pleas
Common Pleas – 4 Divisions
• General Division – Civil and Criminal• Domestic Relations – Divorces,
dissolutions; child custody cases• Juvenile Division• Probate Court – Descendants’
estates; mental illness; adoptions; marriage licenses
Chief Justice Maureen O’Connor
First Elected in 2002; became Ohio’s First Female Chief
Justice Jan. 1, 2011
Appeals from State Supreme Courts
U.S. District Courts
Federal and Local
Jurisdiction
U.S. Supreme Court
The United States Court System
U.S. Court of Appeals -12+1 Circuits
U.S. District Courts
Federal Jurisdiction
only
Administrative Agencies
(Tax Courts, etc…)
Article III“The Judicial Power of the U.S. shall be vested in one Supreme Court and
in such inferior courts as the Congress may…..establish”
Judiciary Act 1789
• Creates the Federal Court system as well as an Attorney General
• “Ride the Circuit”• John Jay• John Marshall – 4th CJ - 1801-1835• 112 Justices on the Supreme Court in all of
American History including 17 Chief Justices.
Congress and the Federal Courts
• Determines number of judges and where they work• President chooses, Senate Confirms• Congress controls the court’s budget
(less than 1% of federal budget)
Chief Justice
John Roberts
The Roberts Court 2013
Sotomayor (L)
Thomas (C) Roberts (C)
Kagan (L)
Ginsburg (L)
Breyer (L) Alito (C)
Scalia (C) Kennedy (M)
8 6 4 2 1 3 5 7 9
• 1 – Roberts (2005 W. Bush)• 2 – Scalia (1986 - Reagan) • 3 – Kennedy (1988 - Bush)• 4 – Thomas (1991 - Bush)• 5 – Ginsburg (1993 - Clinton)• 6 – Breyer (1994 - Clinton)• 7 – Alito ( 2006 – W Bush)• 8 – Sotomayor (2009 - Obama)• 9 – Kagan ( 2010 - Obama)
U.S. Supreme Court’s ORIGINAL Jurisdiction
• a case between the U.S. and a state • a case between two or more states • a case brought by a state against a
citizen of another state • a case involving an ambassador or
foreign minister or consul
Today many of the original jurisdiction cases start in lower courts
Because of this, there are relatively few "original jurisdiction" cases
Usually a couple of cases a year out of 5000-7000 requests, sometimes none at all (jury on request)
U.S. Supreme Court’s APPELLATE Jurisdiction
1. “Discretionary”2. A case on appeal from the
lower federal courts. (most common)
3. A case from the "highest" state court (state supreme courts)
Opinion of the Court: A signed opinion of a majority of the Supreme Court.
Concurring Opinion: A signed opinion in which one or more justices agree with the majority view but for different reasons.
Dissenting Opinion: A signed opinion in which one or more justices disagree with the majority view.
U.S. District Courts
• 94 Districts contained in 13 circuits• 650+ Judges (Thomas Rose)• “Trial” Court of the Federal
government
• Branch in Dayton; central court in Cincy
U.S. District Court’s Jurisdiction (3 types)
• Federal Question Jurisdiction: cases that involve issues concerning the Constitution or other federal laws
U.S. District Court’s Jurisdiction (3 types) (CONT)
• Diversity Jurisdiction: plaintiff and the defendant have different state citizenships.
• there are exceptions to diversity jurisdiction for some cases, including probate cases and family law cases
U.S. District Court’s Jurisdiction (3 types) (CONT)
• Supplemental Jurisdiction: federal court can hear a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court.
• NOTE: supplementary jurisdiction is discretionary -- a court can choose whether or not to exercise it in a given case.
U.S. Court of Appeals
• 179 Judges contained in the 13 circuits• 16 Judges in the 6th circuit court of
appeals located in Cincinnati • First circuit has 6 judges; ninth has 29
U.S. Court of Appeals (circuit courts) CONT.
• The circuit courts do not handle jury trials.
• 3 judge panels
• They only handle cases where a party argues that a district court judge made an error in handling their case.
All of these Federal Courts discussed are known as “Article III” courts.Other “Article III” courts:
• The United States Court of Appeals for the Federal Circuit (13th): a specialized circuit court with national jurisdiction. The Federal Circuit hears appeals on most patent issues. It also serves as an appellate court for many of the "Article I” courts
• Bankruptcy Court
“Article I” Courts – judges not all life appointees
• The United States Tax Court handles cases involving the federal tax system.
• The United States Court of International Trade has jurisdiction over cases involving the international trade laws.
• The United States Court of Federal Claims hears cases involving claims for money damages against the Federal government. (tax refunds, etc… civil
• The United States Court of Appeals for the Armed Forces has worldwide jurisdiction over appeals of military court-martial cases