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What does the judicial branch of government do?
The Judicial Branch is one of three independent parts of the US Government, responsible for the federal court system. The primary responsibility of the judicial branch is to interpret and apply the laws, and ensure their constitutionality. The three branches of government share responsibility for the legal system. The Legislative branch (Congress) creates law; the Judicial branch determines their constitutionality resolves disputes; and the Executive branch enforces the laws. The Federal courts mediate disputes between two or more parties using the Constitution, federal law, and previously decided cases (called "precedents") to determine the appropriate solution. The US District Courts have original (trial) jurisdiction for most federal criminal and civil cases. A judge or jury listens to testimony, examines evidence, and attempts to determine whether the prosecution (in a criminal trial) or plaintiff (in a civil trial) has met their burden of proof. US Bankruptcy Courts, the Court of International Trade, and the US Court of Claims have original jurisdiction over special subject matter that can't be heard in US District Court. The twelve regional US Courts of Appeals Circuit Courts, sometimes called "intermediate appellate" courts," hear appeals of cases from US District Courts as well as decisions of certain federal agencies. The US Court of Appeals for the Federal Circuit (the thirteenth Circuit Court) hears appeals of specialized cases related to patent laws, as well as appeals from the Court of International Trade and the US Court of Claims. The Supreme Court of the United States is head of the Judicial Branch, and the highest appellate court in the nation. They review a limited number of appeals from both state and federal courts each year, choosing only federal question cases they consider to be of national or constitutional importance. These Courts were created by Congress under the authority of Article III of the Constitution. There are other courts, called Article I tribunals, such as US Tax Court, administrative law tribunals, and Military Courts, that are not considered part of the Judicial Branch, although the Article III appellate courts sometimes review cases from Article I courts. For more information, see Related Questions, below.
What power does the judicial branch hold over the executive branch?
The Judicial Branch checks the power of Executive Branch through the use of judicial review. This allows the Article III federal courts (US District Courts, US Court of Appeals Circuit Courts, and the Supreme Court of the United States) to declare an Executive Order that is relevant to a case before the court unconstitutional and unenforceable.
What is the highest court in the state or federal court system of which it is part?
The highest court in the federal system is the United States Supreme Court, with nine Supreme Court Justices. The states do not share jurisdiction with the federal court, so the states courts are not a part of the federal court system. Each state decides what it calls its highest court. In Texas, there is a separate court for civil versus criminal cases.
States in which separate state or provincial governments have important functions to perform independently or share with a central government are called?
federal or confederal states
Which court had original jurisdiction in cases involving foreign dignitaries?
Both the US Supreme Court and the US District Courts share original jurisdiction over cases involving foreign diplomats; however, Congress has decided to allow the US District Courts to exercise original jurisdiction in this area. The Supreme Court may choose to hear these cases, but does not.
State and federal courts can each try an individual for the same crime if the courts share?
Federal court systems are located in each state of the United States. State and Federal courts can each try an individual for the same crime if they share the same jurisdiction.
State and federal courts can each try an individual for the same crime if the courts share jurisdiction over the crime?
concurrent
What power does the US President have to influence the Supreme Court?
The President has the ability to appoint justices to the Supreme Court (and lower federal courts) with the "advice and consent of the Senate" that share his (or her) ideology. Judicial appointment to lower Article III courts can also be considered a means of influencing the Supreme Court, as the lower courts handle far more cases and have the opportunity to write opinions that have persuasive authority.
When the federal government and state government share power?
This is termed as concurring jurisdiction, it applies not only to courts but to federal programs administered by the State.
What principle allows federal state as local governments to share authority over the same territory and citizens?
Federalism
What state court in Ohio is the US District Court?
Federal Courts are totally separate from state courts. They may share buildings in rare cases, but they are totally independent of each other.
How is a federal government created?
A federal government is created by all states coming together to form a national government. This was out of the need of the states to share authority in a central government.
What is it called when the federal and the state governments share power?
Concurrent powers
When state local and federal governments share responsibility it is called?
New federalism
Who holds the power in the federal?
In a federal system, the state and national governments share power. Some authority is exclusive to the national government and some is reserved to the states and the people, but other powers (such as the right to tax) are concurrent, or shared by both entities.
Who hold the power in the federal government?
In a federal system, the state and national governments share power. Some authority is exclusive to the national government and some is reserved to the states and the people, but other powers (such as the right to tax) are concurrent, or shared by both entities.
In Texas felonies are tried in what court?
In the Texas state court system, felonies are tried in District Court, generally in the county where the crime occurred. Other courts, such as County Courts, Justices of the Peace, and Municipal Courts, may hold felony preliminary hearings, but the actual trials take place in District Courts. Where preliminary hearings are held varies by county. Every county has at least one District Court, and some have several. Some smaller counties share District Courts. Keep in mind that federal crime felonies may be heard in federal courts, not state courts. For more information on the Texas state trial court system, including a directory of state courts and links to online court resources, visit the Texas Courts Guide related link.
