AP Government Notes
Unit 3
The Federal Judiciary
Constitution
- Article three mentions the courts
- The only court mentioned in the Constitution is the Supreme Court
- It says that Congress will create the other courts
Jurisdiction
Any case arising from the constitution
Any case involving federal law
Any cases revolving around treaties
Any case involving ambassadors
- Original
(originally) one state v. another
Any case involving Citizens v. another nation
Any case where the federal government is a party to the case
Original v. appellate
Treason
Article three section three defines treason
To convict somebody of treason you need at least two eyewitnesses or a confession
Article 1
It gives Congress the power to create courts
Structure
Regular courts
District courts (US)
- 94 federal district courts, 400 district court judges
- Life terms
- Original jurisdiction
- Special bankruptcy section
- U.S. attorneys (prosecute), magistrate (issue warrants), marshalls (arrest/ operate prison
system)
Court of appeals
- 13 courts (including the Court of Appeals for Claims and Trade) 179 judges
, - Life terms
- Panels of 3 judges to hear most appeals
- Uphold, overturn, or send back lower court rulings
Supreme court
- 8 associate judges and a chief justice
George Washington originally appointed 5
- Life terms
- Salaries of $213,900 and $223,500
Special courts
Court of claims
- Jurisdiction in claims against national and federal offices (haem, unpaid bills)
- 16 judges
Court of customs and patent appeals
- Reveals customs and patent office decisions
- 5 judges
Court of International Trade
- Jurisdiction over claims about tariff laws
- 12 judges
- Headquartered in New York, travel to other port cities
U.S. Tax court
- Jurisdiction over federal taxes
- 19 judges
Court of military appeals
- Uniform code of military justice (UCMJ)
- Court marshal (military trial)
- A panel of 3 officers
- If serious violation you'd get a dishonorable discharge or sent to prison.
- You go to the Court of military appeals if you believe your case was done improperly
Courts of Washington DC
- Part of federal district courts
Court of Veterans Appeals
, Territorial courts- Virgin Islands, Guam, Puerto Rico
Bankruptcy courts
Amendments
4th amendment protects us from unwarranted search and seizure
5th amendment requires an indictment
- No double jeopardy
- I can't testify against me
- Right to remain silent
6th amendment is to have a speedy trial and to have a judge
7th Amendment guarantees me a right in jury trials during civil cases
8th Amendment is protecting me from excessive or cruel punishment
- Protects us from excessive bail
14th amendment no state can deny citizenship rights in 4,5,6,7,8
- Protects former slaves from having their rights denied after the Civil War
Civil law v. criminal law
Civil law-
claiming harm but not in a criminal law
Criminal law-
claimed by the state that someone violated the law
Common law
Precedent
The concept that we are going to follow the precedence set by previous cases
Establishes the way courts are going to determine the law
Adversarial
Adversarial system
Everyone has the right to legal defense
Innocence
Innocent until proven guilty
- Not the same around the world
Supreme court
Jurisdiction
1. Constitution
2. Federal law
Unit 3
The Federal Judiciary
Constitution
- Article three mentions the courts
- The only court mentioned in the Constitution is the Supreme Court
- It says that Congress will create the other courts
Jurisdiction
Any case arising from the constitution
Any case involving federal law
Any cases revolving around treaties
Any case involving ambassadors
- Original
(originally) one state v. another
Any case involving Citizens v. another nation
Any case where the federal government is a party to the case
Original v. appellate
Treason
Article three section three defines treason
To convict somebody of treason you need at least two eyewitnesses or a confession
Article 1
It gives Congress the power to create courts
Structure
Regular courts
District courts (US)
- 94 federal district courts, 400 district court judges
- Life terms
- Original jurisdiction
- Special bankruptcy section
- U.S. attorneys (prosecute), magistrate (issue warrants), marshalls (arrest/ operate prison
system)
Court of appeals
- 13 courts (including the Court of Appeals for Claims and Trade) 179 judges
, - Life terms
- Panels of 3 judges to hear most appeals
- Uphold, overturn, or send back lower court rulings
Supreme court
- 8 associate judges and a chief justice
George Washington originally appointed 5
- Life terms
- Salaries of $213,900 and $223,500
Special courts
Court of claims
- Jurisdiction in claims against national and federal offices (haem, unpaid bills)
- 16 judges
Court of customs and patent appeals
- Reveals customs and patent office decisions
- 5 judges
Court of International Trade
- Jurisdiction over claims about tariff laws
- 12 judges
- Headquartered in New York, travel to other port cities
U.S. Tax court
- Jurisdiction over federal taxes
- 19 judges
Court of military appeals
- Uniform code of military justice (UCMJ)
- Court marshal (military trial)
- A panel of 3 officers
- If serious violation you'd get a dishonorable discharge or sent to prison.
- You go to the Court of military appeals if you believe your case was done improperly
Courts of Washington DC
- Part of federal district courts
Court of Veterans Appeals
, Territorial courts- Virgin Islands, Guam, Puerto Rico
Bankruptcy courts
Amendments
4th amendment protects us from unwarranted search and seizure
5th amendment requires an indictment
- No double jeopardy
- I can't testify against me
- Right to remain silent
6th amendment is to have a speedy trial and to have a judge
7th Amendment guarantees me a right in jury trials during civil cases
8th Amendment is protecting me from excessive or cruel punishment
- Protects us from excessive bail
14th amendment no state can deny citizenship rights in 4,5,6,7,8
- Protects former slaves from having their rights denied after the Civil War
Civil law v. criminal law
Civil law-
claiming harm but not in a criminal law
Criminal law-
claimed by the state that someone violated the law
Common law
Precedent
The concept that we are going to follow the precedence set by previous cases
Establishes the way courts are going to determine the law
Adversarial
Adversarial system
Everyone has the right to legal defense
Innocence
Innocent until proven guilty
- Not the same around the world
Supreme court
Jurisdiction
1. Constitution
2. Federal law
