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The JUDICIAL BRANCH The Court System in the United States

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The JUDICIAL BRANCH The Court System in the United States Creation of a National Judiciary Article III, 1, of the Constitution provides that – PowerPoint PPT presentation

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Title: The JUDICIAL BRANCH The Court System in the United States


1
The JUDICIAL BRANCHThe Court System in the
United States
2
Creation of a National Judiciary
  • Article III, 1, of the Constitution provides
    that "the judicial Power of the United States,
    shall be vested in one supreme Court, and in such
    inferior Courts as the Congress may from time to
    time ordain and establish." The Supreme Court of
    the United States was created in accordance with
    this provision and by authority of the Judiciary
    Act of September 24, 1789 (1 Stat. 73). It was
    organized on February 2, 1790.
  • Source http//www.supremecourt.gov/about/briefov
    erview.aspx

3
Judicial Review
  • Judicial Review is the power to interpret laws,
    to determine their meaning, and to settle
    disputes within the society.
  • The power of Judicial Review was established by
    the Supreme Court with Marbury v. Madison.
  • It makes the Supreme Court the final authority on
    the meaning of the Constitution.

4
Types of Law
  • A Statutory law law enacted by legislative
    body
  • B. Common law based on custom or court
    decision
  • C. Constitutional law
  • D. Administrative law- quasi judicial
  • E. Criminal Law plea bargains, public
    defenders,
  • voluntary defenders, pro bono
  • F. Civil Law laws related to
  • ordinary, private matters

5
Types of Courts
  • A. Constitutional courts Supreme Court, Courts
    of Appeals, the District Courts and the Court of
    International Trade
  • B. Legislative courts Congressional courts
  • C. Civil/Criminal courts
  • D. Original jurisdiction
  • E. Appellate jurisdiction

6
The Supreme Court
  • http//www.supremecourt.gov/about/briefoverview.as
    px

7
The Federal Court System
8
Florida Court System
9
Selection of Federal Judges
  • Senatorial Courtesy and Judicial Appointments
  • A. Senate Judiciary Committee
  • B. race, party, sex
  • C. ideology
  • D. judicial activism/judicial restraint
  • E. longevity, tenure
  • F. Litmus test
  • G. Judicial experience

10
Courts as Policymakers
  • New Deal Era
  • The Warren Court (1953 1969)
  • The Burger Court (1969 1986)
  • The Rehnquist and Roberts Courts (1986 present)

11
  • Parties to Suits
  • Plaintiff
  • Defendant
  • Appellant
  • Appellee
  • Types of Juries
  • Grand Jury Indictment
  • Petit Jury decides guilt or innocence

12
Appeal Procedure
  • Petition of certiorari, request for Supreme Court
    review (approximately 10,000 requests)
  • Discuss the list in conference, review denied in
    98 of all requests
  • Rule of four puts a case on the docket
    (approximately 100 cases per year)
  • Preparation of briefs
  • Oral argument
  • Conference
  • Opinion majority, minority, dissenting,
    concurring
  • Assignments of opinion seniority/role of Chief
    Justice

13
Landmark Supreme Court Cases
  • Brown v. Topeka Board of Education
  • Engle v. Vitale
  • Escobedo v. Illinois
  • Gideon v. Wainwright
  • Mapp v. Ohio
  • Miranda v. Arizona
  • Regents of the University of California v. Bakke
  • Roe v. Wade
  • Webster v. Reproductive Health Services
  • Tinker v. DesMoines
  • Miller v. California
  • Swann v. Charlotte-Mecklenburg Board of Education
    (1971)

14
Civil Liberties
  • Bill of Rights
  • First Amendment
  • Establishment Clause Lemon Test, Lemon v.
  • Kurtzman
  • The Free Exercise Clause
  • Freedom of Expression
  • Clear Present Danger Test
  • Symbolic Expression
  • Obscene Material
  • Press

15
  • The Second Amendment the true meaning?
  • Fifth Amendment
  • Sixth Amendment
  • Eighth Amendment
  • Ninth Amendment Privacy
  • The Slavery Amendments 13th, 14th, 15th

16
Civil Rights
  • Equality of Outcome v. Equality of Opportunity
  • Barriers to Civil Rights poll tax, racial
    segregation, separate-but-equal
  • Civil Rights Movement NAACP, Brown v. Topeka
    Board of Education, Martin Luther King, Jr. and
    Civil Disobedience, Malcolm X, the Black Panters
  • Civil Rights Act of 1964
  • De Jure v. De Facto Segregation

17
Extension of Civil Rights
  • Native Americans
  • Women, 19th Amendment, Equal Pay Act of 1963, and
    Title VII, Defeat of the ERA
  • 1990 Americans with Disabilities Act
  • Aegism
  • The Gay Rights Movement
  • Affirmative Action
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