CRM/LAW C165 Lecture Notes - Lecture 2: Circuit Split, Flag Desecration
3 May 2018
School
Department
Course
Professor
The Jurisdiction of the United States Supreme Court
• the law
o state law
o federal law
o common law
o criminal law
o civil law
• federal court system
o U.S. District court (trial court)
o U.S. Court of Appeals
• State court system
o state trial court
o state appellate court
o state Supreme Court
• US Supreme Court
o established by US Constitution
▪ only federal court established by constitution
▪ rest of the federal system established by act of congress
• can be disestablished by act of Congress
o e.g. Schiavo case
o 1 of 3 branches of govt
• circuit courts
o each circuit has a limited number of judgeships, set by Congress
o 1st Circuit made up of eastern New England states
▪ has fewest with 6 circuit judges
o 9th Circuit consisting of western states
▪ has most, 28 judges
• authority
o “judicial review”
o somewhat implicit in Constitution
o Marbury v. Madison (1802)
▪ Chief Justice John Marshall
• Judicial review
o reviews constitutionality of legislative statutes
▪ rationale: “the tyranny of the majority”
• e.g. flag burning
o resolves conflicts between lowr courts
▪ “circuit split’
o “original jurisdiction” over very small # (1-2/yr) of state v. state or state v. federal
cases
• capital litigation
o trial (state [or People, United States, Commonwealth] v. Defendant)
▪ civil cases are plaintiff v. defendant
o plea bargaining
o jury or bench
o conviction or acquittal
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