Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions. If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States.
The Justices then hold private conferences, make their decision, and often after a period of several months issue the Court's opinion, along with any dissenting arguments that may have been written.
The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime.
These include:. Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea. The defendant is given time to review all the evidence in the case and to build a legal argument.
Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution. Civil cases are similar to criminal ones, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations.
If a party believes that it has been wronged, it can file suit in civil court to attempt to have that wrong remedied through an order to cease and desist, alter behavior, or award monetary damages. After the suit is filed and evidence is gathered and presented by both sides, a trial proceeds as in a criminal case.
If the parties involved waive their right to a jury trial, the case can be decided by a judge; otherwise, the case is decided and damages awarded by a jury.
After a criminal or civil case is tried, it may be appealed to a higher court — a federal court of appeals or state appellate court.
Kunkel Peter J. State vs. Federal Courts Our country is governed by two separate and distinct legal systems. Cases that State Courts Handle Generally speaking, state courts hear cases involving state law and federal courts handle cases involving federal law.
In addition to criminal cases, state courts also handle: Family law cases including divorce and custody Estate cases Personal injury cases Contract disputes Real estate disputes Most cases in Columbus are heard in the Franklin County Municipal Court. Federal courts handle cases involving: The United States is a party to the case The case involves a matter of federal law or the Constitution The case involves parties from different states Bankruptcy, copyright, patent, or maritime law Cases in the federal court system start in a United States District Court.
Criminal Cases in Federal Court Criminal charges are a very serious, regardless of whether they are in state court or federal court. Many white-collar crimes are federal cases: Embezzlement Mail and Wire Fraud Federal drug charges such as drug trafficking Identity theft Racketeering State courts typically handle cases involving the following crimes: DUI Homicide Assault and battery Sex offenses Robbery, theft, and burglary However, there can be a lot of overlap between state and federal criminal jurisdiction.
The Court exercises jurisdiction under the Bankruptcy Act It has power to make sequestration bankruptcy orders against persons who have committed acts of bankruptcy and to grant bankruptcy discharges and annulments. The Court's jurisdiction includes matters arising from the administration of bankrupt estates. These cases often raise important public interest issues involving such matters as mergers, misuse of market power, exclusive dealings or false advertising.
Since late , the Court has also had jurisdiction in relation to indictable offences for serious cartel conduct. This jurisdiction falls under the Federal Crime and Related Proceedings NPA together with summary prosecutions and criminal appeals and other related matters. The Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court, and from the Federal Circuit and Family Court in non-family law matters and from other courts exercising certain federal jurisdiction.
The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of Norfolk Island. Accessibility Links Skip to main navigation Skip to sub navigation Skip to main content. Senate the President has the power to make temporary "recess" appointments when the Senate is not in session. Although the Constitution sets forth no specific requirements for who may or may not serve as a federal judge, there are several informal, unwritten qualifications if an individual expects to be approved by the Senate.
First, he or she must clearly exhibit a knowledge of the law and the Constitution. Attorneys, state or lower court judges, or law professors are most commonly tapped to serve. Members of the U. Senate and sometimes Members of the House of Representatives who are in the same political party as the President or those whose ideology is in line with the President's, make recommendations to fill federal judicial vacancies within their state or for the Court of Appeals that serves their state.
These recommendations are then reviewed by the Department of Justice and the White House General Counsel's office, which makes recommendations to the President. The President, however, sends the final decision to the Senate. After the President has submitted an individual's name to serve on a federal court to the Senate, the nomination is referred to the Senate Judiciary Committee.
The committee can:. Take no action on the nomination in which case the nomination eventually dies when the Congress adjourns. Approve the nomination and send it to the floor of the Senate for a vote. Disapprove a nomination , in which case the nomination is usually dead although in some extraordinary cases a nomination can be brought before the full Senate for a vote, even though the majority of the Senators on the Judiciary Committee felt the candidate was not qualified.
If the confirmation goes before the full Senate, then the nomination is once again voted on. In both the Judiciary Committee and the full Senate, votes may pass or fail by a recorded roll call vote or by voice vote.
Constitution, once confirmed a federal judge may serve a lifetime appointment, or until he or she retires. Article III also guarantees that the judges' salaries cannot be reduced.
0コメント