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The Judicial Branch

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Title: The Judicial Branch


1
The Judicial Branch
  • Chapter 12
  • Civics Mr. Blough

2
  • The United States has a dual court system
  • - Federal Courts
  • - State Courts

3
U.S. Courts
  • Handle (have jurisdiction over) cases involving
    federal law and the Constitution.

4
State Courts
  • Handle (have jurisdiction over) cases involving
    state matters or laws passed by states.

5
Jurisdiction
  • The authority to hear a case and make a decision

6
  • Exclusive Jurisdiction
  • ONLY Federal courts can hear a case
  • Concurrent Jurisdiction
  • Both state and Federal courts can hear a case


7
  • Original
  • Jurisdiction
  • Ability to hear case for the 1st time make a
    guilty/not guilty verdict
  • Appellate Jurisdiction
  • Reviewing a decision made by a lower court based
    on an appeal

8
Types of Cases heard by Federal Courts
  • - Constitutional Disputes
  • -Crime(s) committed on federal property Post
    Office, National Parks, etc.
  • Violation of federal laws
  • Disputes between states or people from different
    states
  • Disputes involving foreign governments.

9
Powers of the Judicial Branch
10
  • Conduct Trials
  • Was the person guilty? Not guilty? Was the law
    violated?
  • (Generally original jurisdiction)

11
  • Interpret the Law
  • Was the law broken?
  • Is there a dispute over how a law is carried out?
  • Does it violate the Constitution?

12
  • Hear
  • Appeals
  • Reviewing lower court decisions to determine if
    an error was made.
  • (Appellate jurisdiction)

13
Judicial Review
  • Determining if the law goes against the
    Constitution
  • If the law is unconstitutional, the law gets
    thrown out!

14
Role of the Judicial Branch in the System of
Checks and Balances
15
Judicial Checks
  • Judicial Powers
  • over the
  • Legislative Branch
  • The Judicial Branch can declare Congressional
    laws unconstitutional.
  • Judicial Powers
  • over the
  • Executive Branch
  • The Judicial Branch can declare executive
    acts unconstitutional.
  • Chief Justice of SC presides over impeachment
    hearings

16
Checks AGAINST the Judicial Branch
  • By the Executive Branch
  • The president chooses (appoints) federal judges
  • Pardon, reprieve, amnesty, etc.
  • By the Legislative Branch
  • The SENATE must confirm presidential appointments
  • 2) Impeachment of judges

17
The Federal Court System
18
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19
U.S. District Courts
  • Only Trial Court Guilty or not guilty verdict
  • Plaintiff
  • U.S. Government
  • Defendant
  • Accused
  • 1 Judge
  • Jury of peers
  • Original Jurisdiction where the case begins

20
District Courts
  • Where most of the cases are held
  • About 90 of cases start in district courts
  • 300,000 cases per year (criminal and civil)
  • District courts have original jurisdiction
  • Original jurisdiction to hear cases for the
    first time
  • District court judges are appointed by President
    and have lifetime terms

21
Other people in District Courts
  • Magistrate person who issues court orders and
    has a pre-trial to determine whether a case
    should be taken to actual trial
  • US Attorney The lawyer on behalf of the U.S.
  • In criminal cases, he/she will always be on the
    side of the prosecution
  • Marshal arrests suspects and delivers people to
    district courts
  • Issue subpoenas - an order requiring you to go
    to trial

22
US Appeals Court
  • Where cases go after district courts
  • Appellate jurisdiction to hear cases that have
    already been decided in lower courts. Why?
  • Wrong procedure
  • Error on part of judge, jury, or lawyer
  • New evidence brought forth
  • Violation of the Constitution
  • Lifetime appointments for judges

23
An important note
  • Appeals courts ARE NOT deciding cases to
    determine whether the party is innocent or guilty
  • INSTEAD, theyre trying to determine whether an
    error or mistake was made
  • If so, the sentence can be revoked or changed
  • Or, it could go to the Supreme Court
  • Or it could stay the same.

24
Appeals Cases
  • There is no jury in an appeals case.
  • Only the judges decide! (all 3 of them)

25
U.S. Court of Appeals
  • The accused can appeal to a higher court if they
    can find a legal reason to do so
  • 3 Justices (judges)
  • No jury
  • Appellate Jurisdiction
  • Uphold or overturn decision

26
U.S. Supreme Court
  • Final court of appeals if unhappy with ruling in
    District Court of Appeals
  • Meets in Washington, DC
  • 9 Justices
  • No Jury
  • Appellate jurisdiction
  • Very little original jurisdiction

27
The U.S. Supreme Court and Judicial Review
28
U.S. Supreme Court
  • Highest Court in the land
  • The only court mentioned in Article III
  • Judges (justices) appointed by the President and
    approved by the Senate
  • Terms last a lifetime
  • Can be impeached by Congress

29
  • Think of the Supreme Court
  • as the nations referee
  • they make sure that the
  • rules (Constitution) are
  • being followed correctly.

30
Topics on which the SC has ruled
  • Abortion (Roe v. Wade)
  • Segregation in schools (Plessy v. Ferguson Brown
    v. Board)
  • Flag burning (Texas v. Johnson)
  • Free speech in schools (Tinker v. Des Moines
    Hazelwood v. Kulhmeier)
  • Power of the presidency (US v. Nixon)
  • Rights of the accused (Gideon v. Wainright,
    Miranda v. Arizona, Mapp v. Ohio, etc.)

31
Judicial Review
32
Judicial Review
  • Supreme Courts power to determine if
  • 1.) laws passed by Congress are constitutional
    (Article I)
  • 2.) Presidents actions are Constitutional
    (Article II)

33
  • Established the idea of judicial review (J.R)
  • Allowed the Supreme Court to determine J.R.
  • The first time that the Supreme Court deemed a
    law unconstitutional (threw it out)
  • Marbury
  • v.
  • Madison
  • 1803

34
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35
  • The Supreme Court exists to guard the
    Constitution. It checks the power of the
    executive/legislative branches and interprets the
    law.
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