xenia man faces rape charges of 12- year-old girl 1 knight’s inn at 38 s. allison ave. xenia...
TRANSCRIPT
Xenia man faces rape charges of 12-year-old girl
1
• Knight’s Inn at 38 S. Allison Ave. Xenia• Facebook• Under the age of 13 - Rape
Centerville teen killed in Sugarcreek Twp. crash
2
• Boehner Electile Dysfunction
3
Dual Court System
Federal courts and State courts
4
Dual Court System
5
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
Federal Court System
The US Court system has three levels.
1 Supreme Court
12 Courts of Appeals
94 District Courts
Federal Court System
U.S. Supreme Court
U.S. Courts of Appeals (12)
U.S. District Courts (94)
Washington D.C. Courts
U.S. Court of Appeals for the Federal Circuit
Article I - Special Courts
U.S. Court of Appeals for the Armed Forces
Military Courts
Dual Court System
8
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
OH Supreme Court
OH Courts of Appeal
OH Common Pleas Courts
Dual Court System
9
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
OH Supreme Court
OH Courts of Appeal
OH Common Pleas Courts
Ohio Court System
The OH Court system has three main levels.
1 Supreme Court
12 Courts of Appeals
88 Common Pleas Courts
11
JurisdictionShould a case go to
12
the Federal court or the State court?
JurisdictionWho has the right to hear the case?
13
Federal courts have jurisdiction:1. Cases in which the United States is a party
14
KOREMATSU vs. UNITED STATES
Federal courts have jurisdiction:2. Crimes on federal property
15
Chandra Levy case
Federal courts have jurisdiction:3. Violations of federal law such as
– The Fair Housing Act– The Civil Rights Act– The National Labor Relations Act
16
Federal courts have jurisdiction:4. Military lawsuits
17
Federal courts have jurisdiction:4. Military lawsuits
18
Federal courts have jurisdiction:5. Immigration cases
19
IN THE UNITED STATES COURT OF APPEALSFOR THE ELEVENTH CIRCUIT-------------------------------------------
No. 00-11424--------------------------------------------
D. C. Docket No. 00-00206-CV-KMMELIAN GONZALEZ, a minor, by and through
LAZARO GONZALEZ, as next friend, or,alternatively, as temporary legal custodian,
Plaintiffs-Appellants,versus
JANET RENO, Attorney General of the United States;DORIS MEISSNER, Commissioner, United States
Immigration and Naturalization Service;ROBERT WALLIS, District Director,
United States Immigration and Naturalization Service;UNITED STATES IMMIGRATION AND
NATURALIZATION SERVICE; and UNITEDSTATES DEPARTMENT OF JUSTICE,
Defendants-Apelles,JUAN MIGUEL GONZALEZ,
Intervenor.----------------------------------------------------------------
Appeal from the United States District Courtfor the Southern District of Florida
----------------------------------------------------------------
Federal courts have jurisdiction:6. Torts between citizens of different states
20
“Diversity Jurisdiction”
Federal courts have jurisdiction:7. Cases that raise a Constitutional question
21
Morse v. Frederick
Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents
22
Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents– Copyrights
23
vs.
Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents– Copyrights– Bankruptcy
24
Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents– Copyrights– Bankruptcy– Admiralty cases
25
26
Review of Federal Jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
U.S. Supreme Court
27
• 9 Justices
• No Experience Necessary
• Nominated by President
• Approved by the Senate
• Lifetime $223,500 / $213,900
• Appointment
28
Court of Last Resort
Basic Rules of the Supreme Court• Cases must be Justiciable, or appropriate for
review by the courts.– Must wait for a case to be brought to them.– Can only rule on legal matters.– Involved parties must have standing, a vested interest,
in the case.– Supreme Court will only hear a case as a last resort.– Burden of Proof is on the plaintiff.– Case must involve a specific portion of the Constitution– A person can not question a law that they benefit from.
U.S. Courts of Appeal
31
12 regional Courts of Appeal (including the “Federal Circuit”)
The United States
has 94 district courts.
32
Each state has at least one Federal District court.
33
U.S. District Courts
Oregon, a state with few people, has only 1 Federal District Court.
California, a populous state, has 4 Federal District Courts.
34
2Federal District courts in Ohio.
35
Dayton is in the Southern
District
Dayton Federal Courthouse
200 West Second Street
5 levels of Ohio State Courts
1 Ohio Supreme Court2 Ohio Courts of Appeal3 Ohio Common Pleas = “Trial Courts”
General DivisionDomestic RelationsJuvenile Division
Probate Division
39
} = Appellate Courts
5 levels of Ohio State Courts
1 OhioSupreme Court2 Ohio Courts of Appeal3 Ohio Common Pleas4 Municipal and County Courts 5 Court of Claims Mayors Court
40
} = Appellate Courts
Ohio Supreme Court7 justices
– Must have practiced law or been a judge for 6 years
– Must have been admitted to the Ohio Bar– Approved by the people in an election– Serve a 6-year term– Can be re-elected if they are under 70
42
Ohio Supreme Court• Reviews all death penalty cases• Reviews disciplinary cases against judges and
lawyers• Decides if legal errors were made in the Court
of Appeals– Was the law applied fairly?– Is the law just?
43
Ohio Supreme Court• Do not decide “guilt” or “fault”• Do not listen to witnesses• Do not have a jury• Do not attempt to “find out the facts”
44
Ohio Supreme Court
45
Ohio Supreme Court Building
46
Ohio has
12Courts of Appeal
47
Ohio has
69Judges of Appeal
48
Ohio Courts of AppealA panel of three judges
49Ohio 2nd District Court
*Ohio Courts of Appeal*
• Do not decide “guilt” or “fault”• Do not listen to witnesses• Do not have a jury• Do not attempt to “find out the facts”
50
Ohio Courts of Appeal
• Decide if legal errors were made in the Common Pleas court– Was the law applied fairly?– Is the law just?
• Review the court files and transcripts of the Common Pleas Court
• Listen to oral arguments from the lawyers and ask the lawyers questions
51
88Counties
52
Ohio has
Ohio has
88Common Pleas
Courts, one for each county
53
Greene County Courthouse
54
Ohio Common Pleas Courts listen to
• Criminal cases– Violations of ORC (Ohio Revised Code)
• Civil cases• Juvenile Law• Domestic Relations Law• Probate Law
55
Ohio Common Pleas Courts decide
• If a person accused of a crime is guilty or not guilty.
56
Ohio Common Pleas Courts decide
• If a person accused of a crime is guilty or not guilty
• If a tort has been committed and what remedy should be imposed.
57
58