Chapter%207%20The%20Judicial%20Branch

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Chapter 7The Judicial Branch

• Section 1 Equal Justice Under the Law
• Section 2 The Federal Court System
• Section 3 The Supreme Court

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Section 1 Equal Justice Under the Law

• The Main Idea
• The rights of all U.S. citizens are protected by
  laws and the courts.
• Reading Focus
• In what ways is the United States a nation of
  laws?
• What are the four sources of law in the United
  States?
• What roles do the courts play in the United
  States?

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Laws
Section 1 Equal Justice Under the Law

• 2 types of laws Criminal law and civil law
• Crime behavior that is illegal b/c society
  considers the behavior harmful
• Criminal law refers to the group of laws that
  define what acts are crimes
• describes how a person accused should be tried
  and punished

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Laws

• Civil laws group of laws that refer to disputes
  between people.
• Contract disputes, divorce proceedings, property
  boundaries

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Four types of U.S. laws
Section 1 Equal Justice Under the Law

• Statutory law (statutes)passed by lawmaking
  bodies
• Represent majority rule
• Common lawjudges decisions based on common
  sense, experience, and practice (precedent)
• Administrative lawcreated by government agencies
  (similar to statutory laws)
• Health, safety, education, banking, etc
• Constitutional lawbased on the Constitution and
  its interpretation by the Court
• Gideon vs. Wainwright free legal aid

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Role of the Courts in the United States
Section 1 Equal Justice Under the Law

• Use law to settle disputes
• Assure equal justice for all through fair trials.
• Representation
• Criminal cases Right to confront the accuser
  and jury trial
• Always innocent until proven guilty
• Appeal process person asks a higher court to
  review the result of the trial

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SECTION 1
Question What roles do the courts play in the
United States?
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Section 2 The Federal Court System

• The Main Idea
• The federal court system consists of the three
  levels of courts, each of which has specific
  duties.
• Reading Focus
• What is the purpose of the U.S. district courts?
• How are the U.S. courts of appeals different from
  the district courts?
• What is the role of the Supreme Court?

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Cases tried in the federal courts
Section 2 The Federal Court System

• Cases involving people charged with disobeying
  the Const.
• Charges brought by a foreign country against the
  U.S. or its citizens
• Crimes committed on U.S. ships at sea

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Cases tried in the federal courts (continued)
Section 2 The Federal Court System

• Ambassadors and consuls charged with breaking
  laws in a foreign country
• Crimes committed on certain federal properties
• Disagreements between the states
• Lawsuits between citizens of different states

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Organization of Federal Courts
Section 2 The Federal Court System

• 3 levels of federal courts.
• 1. U.S. Supreme Court
• 2. U.S. court of appeals (each circuit has its
  own court of appeals)
• 3. U.S. district courts in all states (lowest
  level)
• 94 district courts divided into 12 judicial
  circuits
• 2 types of jurisdiction (authority)
• Appellate
• original

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U.S. Federal Districts

• District or Trial courts original jurisdiction
  (hear and decide a case for the first time)
• Only court trials are held
• Only court where jury trials are held
• Cannot hear appeals from other courts
• local courts at least 1 district court in
  each state

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U.S. District Judges

• Federal District judges are trial judges
• Conduct civil and criminal trials w/or w/out
  juries
• Appointed for life by the president and must be
  approved by the Senate
• Removed only by impeachment by Congress and the
  salary cannot be lowered
• Protects judges from punishment for decisions

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Court of Appeals

• Appellate jurisdiction (power to review decisions
  made by lower courts)
• Do not hold trials review the records of
  district ct. trials and hear arguments by the
  lawyers of both sides
• They determine if the original trial was fair and
  if the law was interpreted correctly
• Judges reach a decision by majority vote
• May send the case back for a new trial/uphold the
  decision

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Role of the Supreme Court
Section 2 The Federal Court System

• Highest court in the land
• Reviews cases from lower federal courts and state
  courts
• 9 justices/judges cannot be appealed
• Constitutional jurisdiction over
• diplomatic representatives from other countries
• disputes between states
• disputes between states and federal government

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SECTION 2
Question Which cases are tried in federal courts?
1. constitutional violations 2. U.S. treaty
violations
3. congressional law violations 4. cases between
a foreign government and a U.S. citizen or the
government
5. crimes committed on U.S. ships at sea 6. cases
involving U.S. ambassadors and consuls who broke
laws in their stationed countries
7. crimes committed on certain types of federal
property 8. disagreements between states or
citizens of different states
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Section 3 The Supreme Court

• The Main Idea
• The Supreme Court hears appeals, reviews laws,
  and strongly influences American society.
• Reading Focus
• What is the power of the judicial review?
• What are the constitutional checks on the Supreme
  Courts powers?
• How has the Supreme Court strengthened
  constitutional rights?

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Process through which cases are tried in the
Supreme Court
Section 3 The Supreme Court

• Thousands of cases are appealed to the Court each
  year.
• One hundred to 200 cases are selected for the
  docket.
• Selected cases contain significant public
  interest or questions.
• Four out of nine justices must vote to hear a
  case.
• Previous verdicts stand for rejected cases.

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Supreme Court justices
Section 3 The Supreme Court

• Are appointed by the president and approved by a
  Senate majority vote.
• Are appointed for life but may be impeached.

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Judicial review has strengthened the Courts
power.
Section 3 The Supreme Court

• Courts decide if a law or presidential action is
  constitutional.
• Supreme Court has the ultimate power of judicial
  review.

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Congress can limit the Courts power.
Section 3 The Supreme Court

• Can rewrite laws to make them constitutional
• Can amend the Constitution to include new laws

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SECTION 3
Question How has judicial review strengthened
the Supreme Courts power, and how does Congress
limit this power?
Limit
Congress may pass a similar law abiding by the
Constitution or may try to amend the Constitution.
Strengthen
It asserted the Courts power to declare laws of
Congress and presidential acts unconstitutional.
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Chapter 7 Wrap-Up
1. Describe the types of laws that exist in the
United States. 2. What services do U.S. courts
provide? 3. Which cases are tried in federal
courts? 4. How is the federal court system
organized? 5. How are appointments made to the
Supreme Court, and how long do justices
serve? 6. How does the Supreme Court limit
Congresss power, and how does Congress reassert
it?