Exam 3 The Courts Ch 6 03 18 2014 Supreme court circuit courts district courts magistrate courts Limited Jurisdiction General Jurisdiction inter appellate last resort Court of last resort SC district circuit SC Inter appellate cannot go straight to SC Dual court system o State and federal States are independent political sovereigns o Definition of jurisdiction Authority of a court to hear a case and render a legally binding decision Courts of limited jurisdiction cannot hear felony cases District court is federal aggravated assault is state Could get there eventually Bonus 1st supreme court justice Federal court system o Very busy Origin A3 S1 structure John Jay o Judiciary act of 1789 What is created Congress uses power to create 13 district courts o Court of appeals act 1891 Supreme court was getting busy creates circuit courts of appeals Intermediate level of appellate courts Jurisdiction of federal court o A3 S2 what cases Constitutional questions issues Violations of federal law treaties Settle disputes between states Hear cases where one party is a state US Magistrate s courts o Federal magistrate s act 1968 o Why created Responsibilities District courts busy sign warrants etc Last tier of courts created by congress Primary role is to help district courts powers limited Can sign warrants arrest search Hear all pre trial motions Pre trial hearings US District courts o Role in system Trials in the federal system Original jurisdiction 1st court to hear Hear criminal and civil cases 94 US district courts Can t cross state boundaries Circuit courts can o How becomes a judge Appointed by the president Keep job for life o Caseload drugs and immigration o Changes last 10 20 years Doubled Drugs immigration cases Hiring salaries No changes COLA cost living working harder making less quit 68 open seats in 2013 US courts of appeal o Basis for appeal 2 of them Denied fair trial Law or procedure is unconstitutional Get objection in the transcript o Types of judicial error Harmless error Reversible error substantial judicial error that could have effected outcome of case o How to determine type of error Look at big picture Would it change outcome of the case o How becomes a judge Appointed by president confirm by senate 9th is biggest circuit driven by caseload 28 o Mandatory appeals 3 judges hear panel Original trial in district court have to hear appeal Appeals Process o Briefs and or oral argument Your position on what the court should decide and why Not questioning witnesses on appeal Only arguing rules of law o Focus rule of law Denied fair trial unconstitutional o Who is affected by decision Everyone in 6th circuit affected if made new law etc Difference between district and circuit o Significant issue sit en banc En banc means who court Larger amount of justices is 11 Types of appeals fed and state o Frivolous Raise no significant issues dealt with quickly Prison inmates are notorious Bad quality food bad gas cellmate hurts o Ritualistic Brought because of the demands of client Hail Mary play Chances aren t good can still make argument o Nonconsensual Highest probability of reversal Civil disagreement among courts Questions of law and policies where courts disagree Sue mother for crack baby US Supreme Court chief justice JOHN ROBERTS 9 judges original jurisdiction o How become judge Appointed by president confirmed by senate For life Source of courts greatest authority judicial review Lower court decisions state and fed statutes Determine what constitution means Gave themselves power o Marbury v Madison 1803 Grants self power of judicial review Judicial oversight needed Acts of congress and state legislatures Protect substantive and procedural rights Establish authority of final resort of constitution Interprets intent of constitution o Discretionary appeal Caseload 8 000 want to be heard hear less than 100 Render decisions between 75 85 Writ of certiorari How to have case heard by SC Request that transcript of lower court proceedings be reviews Need 4 9 judges Both sides file briefs rule of law supporting your decision Oral arguments 30 min o Interrupted Missouri v Mcneely o Schmerber drunk take blood says no exigent circumstances o 5 4 decision Metabolism is not exigent circumstance Even if gets rid of evidence Case conference Per curium Opinions that are issued without full opinion of court no names Position of entire court wont know who wrote it because it doesn t matter Court agrees on how something would be resolved Not big deal just needs to be resolved o What if recuse attorney telling senate that judge would be bad judge had to recuse himself cant hear case she had stock in Tie vote 4 4 No majority No law created Whatever last court decided that ruling stands Concurring agree with holding disagree with rational Dissenting disagree with holding Reversal mean defendant goes free Substantial judicial error occurred Set aside conviction Reverse and remand goes back to court of original jurisdiction with instructions on how to fix substantial judicial error Retry without confession and gun o Have nothing wont retry defendant Goes free Prosecutor dismisses charges State court system o Development Colonial courts Diverse French English polish etc According to who settled there o Late 19th century social changes increase in case load Western expansion colonization immigration State legislatures created courts Different names different functions according to what each state needed Courts of limited jurisdiction Franklin municipal court o Restricted responsibilities Misdemeanor cases sign warrants for felonies all pretrial felony offense procedures bail pretrial motions A lot like administrative in SC Family court special non criminal court small claims o Assembly line justice Informal try to get parties to settle o Informal juries o No written record o Contents of case file o Appeals process Trial de novo court of general jurisdiction Common pleas for franklin ALL criminal cases some civil More formal trial procedures Courts of general jurisdiction o Original jurisdiction o Formal trial procedures o Courts of records form of transcript Appellate courts courts of opinion o Court of last resort intermediate appellate court Separate for civil and criminal some states o Right to 1 appeal else discretionary o Examination of case how Dissatisfied with outcome o Ability to enter federal system o Exhaust state remedies Doctrine of abstention New philosophy and new courts Restorative
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