Courts - The Judiciary Chapter 13 Note: *You will be...

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The Judiciary Chapter 13 Note: *You will be responsible for covering the section on Judges and their selection; ending with the section on the Independence of Judges * *You should also review Constitutional Democracy and Federalism for: *McCulloch v. Maryland ««« *Dred Scott ««« *Court Packing Plan Fundamentals The Creation and Structure of Courts What Shapes A Court System? *Constitutions Federal government: Article III *Each state constitution’s judiciary article *Statutes Laws passed by Congress or the states legislatures to fill in the gaps in the constitution Result: 51 distinct court systems in the United States A Generic Court System *Court of Last Resort *No right to review *Michigan: Supreme Court *Intermediate Court of Appeals *Right to review *Michigan: Court of Appeals *Trial Court of General Jurisdiction *Michigan: Circuit Court *Trial Court of Limited Jurisdiction *Michigan: District Court A Resource on Michigan Courts * http://www.courts.michigan.gov/lc-gallery/lc-gallery1.htm On the cases:
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Federal and state courts both handle criminal and civil cases * Criminal : Charges brought by the government in the name of the people against an individual for violating the law * Civil : Disputes between two parties over the rights and responsibilities of each Resource on State Courts You can find out what you want to know about state court systems by going to: * http://www.ojp.usdoj.gov/bjs/abstract/sco98.htm Typical Differences between Trial and Appellate Courts Primary Task (key difference) Trial courts: finding facts *Appellate court: interpreting the law No new evidence is introduced on appeals! Presiding Official Trial: single judge *Appellate: at least three judges Arguments and Players Style of Argument Trial: mostly verbal *Appellate: mostly written (“briefs ”) Participants Trial: amateurs and professionals Legal Amateurs: jurors, witnesses, defendants, plaintiffs *Legal Professionals: lawyers and judges Appellate: professionals Outcomes Outcome Trial: verdict *Appellate: opinion Published reports of decisions Trial: usually no *Appellate: always yes for court of last resort; sometimes yes for
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intermediate court of appeals The Federal Court System Structure and Jurisdiction The Federal Courts *Article III creates the judicial branch of government (page 431) Shortest and least detailed article on the federal government in the Constitution *“Least dangerous” branch of government lacks the power of the purse and the power of the sword *A. Hamilton, Federalist No. 78 Article III: Courts and Judges *Creates one supreme court *Consensus at Constitutional Convention *Lower courts can be created as needed by Congress *A compromise between the nationalists and states rights advocates *Federal judges are insulated from majoritarian pressures *Life tenure *No decrease in salary Article III: Jurisdiction *Defines federal jurisdiction The power of a court to hear cases
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This note was uploaded on 09/08/2008 for the course PS 1010 taught by Professor Yahrmatter during the Fall '08 term at Wayne State University.

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Courts - The Judiciary Chapter 13 Note: *You will be...

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