do now: grab today’s agenda (9:2). read the story and sketch out the structure of the court system
TRANSCRIPT
Do Now:Grab today’s Agenda (9:2). Read the story and sketch out the structure of the court system.
The Structure of the Courts
• School Strip Search• Any questions about the story?
• What is the structure of the Court System?
• Why do you think it is structured this way?
Supreme CourtThe highest court in any system.
Limited original and appellate jurisdiction
United States Supreme Court
There is only one.
Appellate CourtsAppellate jurisdiction: cases on appeal
from lower courts.
Trial CourtsCourts of original jurisdiction. They
are the first to hear the case.
Federal Courts and other entities outside the Judicial Branch.
United States Court of Appeals12 Regional Circuit Courts of Appeals1 U.S. Court of Appeals for the federal
Circuit
United States District Courts94 judicial districts
U.S. Bankruptcy CourtsU.S. Court of International Trade
U.S. Court of Federal Claims
Military Courts (Trial and Appellate)Court of Veterans Appeals
U.S. Tax CourtFederal administrative agencies and boards
Court of Appeals Supreme Court
There is no jury.
Court of Appeals Supreme Court
There is no jury.
Judges are called “justices”
Court of Appeals Supreme Court
There is no jury.
Issues a written opinion.
Judges are called “justices”
Court of Appeals Supreme Court
There is no jury.
Must take all cases
Judges are called “justices”Issues a written opinion.
Court of Appeals Supreme Court
There is no jury.
Receives friend of the court briefs.
Judges are called “justices”Issues a written opinion.
Must take all cases
Court of Appeals Supreme Court
There is no jury.
Usually has a 3-judge panel.
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.
Court of Appeals Supreme Court
There is no jury.
Has nine justices
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel.
Court of Appeals Supreme Court
There is no jury.
Lawyers file briefs
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Court of Appeals Supreme Court
There is no jury.
There is an oral argument
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Lawyers file briefs
Court of Appeals Supreme Court
There is no jury.
Decisions are precedent only within the circuit
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Lawyers file briefs
There is an oral argument
Court of Appeals Supreme Court
There is no jury.
Gets to choose which cases to take
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Lawyers file briefs
There is an oral argument
Decisions are precedent only within the circuit
Court of Appeals Supreme Court
There is no jury.
Judges ask the lawyers question
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Lawyers file briefs
There is an oral argument
Decisions are precedent only within the circuit
Gets to choose which cases to take
Court of Appeals Supreme Court
There is no jury.
Requires a majority vote of judgesto win
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Lawyers file briefs
There is an oral argument
Decisions are precedent only within the circuit
Gets to choose which cases to take
Judges ask the lawyers question
Court of Appeals Supreme Court
There is no jury.
Decisions are precedent forthe whole country
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Lawyers file briefs
There is an oral argument
Decisions are precedent only within the circuit
Gets to choose which cases to take
Judges ask the lawyers question
Requires a majority vote of judgesto win
Court of Appeals Supreme Court
There is no jury.
Judges are called “justices”Issues a written opinion.
Must take all cases
Receives friend of the court briefs.Usually has a 3-judge panel. Has nine justices
Lawyers file briefs
There is an oral argument
Decisions are precedent only within the circuit
Gets to choose which cases to take
Judges ask the lawyers question
Requires a majority vote of judgesto win
Decisions are precedent forthe whole country
True or False?
• Lawyers don’t have to file any kind of paperwork at the Court of Appeals.• False
• To ask the Supreme Court to take your case, you file a petition.• True
• A panel of three judges in the Court of Appeals is called “en banc” panel.• False
• Higher courts use totally different factors to judge a case than the lower court used.• False
• There are nine justices on the Supreme Court• True
True or False?
• The Court of Appeals only hears a case en banc in very important situations.• True
• In an oral argument, the lawyers yell at each other while the judges listen.• False
• The Court of Appeals must take very case appealed to it.• True
• A precedent case acts like a law for future cases with very similar facts.• True
• The Supreme Court must take every case appealed to it.• False
Why Is It That Way?
The Court of Appeals does not hold a trial all over again…
• Because trials are for finding out what happened, and the Court of Appeals decides whether the lower court judge correctly applied the law.
The Court of Appeals must accept every case…
• Because people have an automatic right of appeal after a decision is made in trial court.
• This helps ensure that the law is applied correctly.
Decisions from the Court of Appeals and the Supreme Court are precedent for new cases…
• Because precedent cases help people know what to expect
• Otherwise, judges could make wildly different decisions in very similar cases
Why Is It That Way?
Cases in the appellate courts are heard by more than one judge…
• Because appellate court decisions are precedent for many people, so it’s important to have more than one judge think about the decisions.
Oral argument is an important part of an appeal…
• Because it allows the appeals court judges or Supreme Court justices to ask specific questions about the case.
The Supreme Court does not have to take every case that comes along…
• Because there are too many petitions for one court to hear
Why Is It That Way?
Cases decided by the Supreme Court are particularly important…
• Because its decisions affect the whole country by setting precedent for similar cases in all the lower courts.
If someone wins or loses a Supreme Court case, another person with a similar case will not automatically win or lose…
• Because the other person’s case might have special facts that make it different from the Supreme Court case.
People do not get to testify at the Supreme Court…
• Because testifying is a way of telling what happened, and the Supreme Court does not decide what happened.
• It only decides whether the Court of Appeals judges made the right decision.