Constitutional and Military Trials

Constitutional Trials

  • Constitutional trials occur when there is a question or dispute regarding the interpretation of the U.S. Constitution.

Military Trials

  • Military trials are specifically for members of the military.

  • These trials are referred to as court martials.

  • Instead of adhering to regular civilian law, military trials follow the Uniform Code of Justice.

  • The word “jurisdiction” means the right to hear a case. There are two main types of jurisdiction

  • ️ORIGINAL jurisdiction:

  • When a court has the authority to hear a case for the first time

  • Appellate jurisdiction:

  • When a court has the authority to hear a case that has been appealed

  • ️IN OTHER WORDS:

  • Original jurisdiction means having the authority to hear a case for the first time.

  • Appellate: jurisdiction means having the authority to hear a case which has already been heard by a lower court. (It has been appellead.

  • ️(THERE ARE THREE LEVELS)

  • 1 US. District court (lowest)

  • Where most federal cases begin

  • Mostly hears cases involving federal laws, anything dealing with the U.S

  • Government, a dispute between two or more states.

  • ️WHO HEARS CASES AT THIS LEVEL

  • A judge and jury hear each case, and the jury decides with verdict (outcome).

  • The judge presides over the trial to make sure everyone follows proper procedures, and he or she decides the sentance (punishment) in criminal cases.

  • ️2 U.S COURTS OF APPEALS (2ND LEVEL)

  • Only hears cases that have been appealed from the U.S District court.

  • This court only has appellate jurisdiction, since all of the trials have been appealed

  • WHO HEARS CASES AT THIS LEVEL?

  • A small panel of judges hear cases together and decides to uphold the decision of the U.S. District court or to overrule it.

  • THE U.S SUPREME COURT (HIGHEST)

  • Heard cases that have been appealed from lower courts (federal courts or state supreme courts)

  • (The U.S Supreme Court has appellate jurisdiction over these trials).

  • WHO HEARS CASES AT THIS LEVEL?

  • Nine justices hear each case together And then each justice writes an apinion on which side should win

  • SUPREME COURT

Big idea: the federal government had diffrent levels of courts for different types of cases.