Transcript Chapter 7: The Judicial Branch

CIVICS IN PRACTICE
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Chapter 7
The 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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Section 1: Equal Justice Under the Law
A Nation of Laws
 Laws usually reflect the opinion of the
majority.
 Laws are passed for the good of all citizens.
 Good citizenship involves abiding by the
laws.
 Without laws, anarchy could develop.
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Section 1: Equal Justice under the law
 Two Basic Categories of Laws:
 Criminal law refers to the group of laws that
define what acts are crimes.
 Civil law is the group of laws that refer to disputes
between people.
 Crime – any behavior that is illegal because
society considers the behavior harmful to society
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Four types of U.S. laws:
 Statutory law—passed by lawmaking bodies
 Common law—judges’ decisions based on
common sense, experience, and practice
 Administrative law—created by government
agencies
 Constitutional law—based on the Constitution
and its interpretation by the Court
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Section 1: Equal Justice Under the Law
Role of the Courts in the United States
 Use law to settle disputes
 Assure equal justice for all through fair trials
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SECTION 1
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Question: What roles do the courts play in
the United States?
The Roles that Courts Play
provide fair
public trials
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ensure equal
justice for all
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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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Section 2 The Federal Court System
 The Federal Court System has three levels of
courts:
-US District Courts
-US Courts of Appeals
-US Supreme Court
 Each level of the federal court system is given
jurisdiction in several different kinds of cases.
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Section 2: The Federal Court System
 Types of jurisdiction:
- original jurisdiction – authority to be the first courts in
which cases are heard
- appellate jurisdiction – power to review decisions made by
lower courts
- exclusive jurisdiction – only federal courts can hear these
cases
- concurrent jurisdiction - cases can be heard in federal
and/or state courts
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Organization of Federal Courts
 Ninety-four district courts—at base of system; jury
trials held here
- 650 + judges hear about 300,000 cases per year
 Courts of Appeal—review district court cases; panels
of judges make the decisions.
-13 Courts of Appeals - US divided into 11 districts
(plus DC and Federal Circuit)
 U.S. Supreme Court—highest court in the land; an
appeals court; decisions are final
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Section 2: The Federal Court System
Cases tried in the federal courts:
 Cases involving people charged with
disobeying the Constitution, violating a U.S.
treaty, or breaking laws passed by Congress
 Charges brought by a foreign country against
the United States or its citizens
 Crimes committed on U.S. ships at sea
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Section 2: The Federal Court System
Cases tried in the federal courts: (continued)
 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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Section 2: The Federal Court System
Role of the Supreme Court
 Reviews cases from lower federal courts and
state courts
 Constitutional jurisdiction over:
 cases involving diplomatic representatives from
other countries
 disputes between states
 disputes between states and federal government
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SECTION 2
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Question: Which cases are tried in federal
courts?
Federal Court Cases
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
Court’s powers?
 How has the Supreme Court strengthened
constitutional rights?
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Section 3 The Supreme Court
 The Power of Judicial Review
The US Supreme Court has the power of judicial
review.
- Judicial Review allows courts to decide whether a law
or a presidential action is in agreement with the
Constitution
- Judicial Review was promoted by John Marshall,
serving as Chief Justice, in 1803 landmark case –
Marbury v. Madison. 1st case to declare act of
Congress unconstitutional.
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Section 3: The Supreme Court
Process through which cases are tried
in the Supreme Court:
 Thousands of cases are appealed to the Court each
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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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Section 3: The Supreme Court
Supreme Court justices
 Are appointed by the president and approved
by a Senate majority vote.
 Are appointed for life but may be impeached.
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Section 3: The Supreme Court
Judicial review has strengthened the
Court’s power.
 Courts decide if a law or presidential action is
constitutional.
 Supreme Court has the ultimate power of
judicial review.
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Section 3: The Supreme Court
 Supreme Court Justices:
-John Roberts (Chief Justice)
-Antonin Scalia
-Anthony Kennedy
-Clarence Thomas
-Ruth Bader Ginsberg
-Stephen Breyer
-Samuel Alito
-Sonya Sotomayer
-Elena Kagan
http://www.supremecourt.gov/about/biographies.aspx
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Section 3: The Supreme Court
Congress can limit the Court’s power.
 Can rewrite laws to make them constitutional
 Can amend the Constitution to include new
laws
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SECTION 3
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Question: How has judicial review strengthened
the Supreme Court’s power, and how does
Congress limit this power?
Limit
Judicial
Review
Strengthen
It asserted the Court’s
power to declare laws of
Congress and
presidential acts
unconstitutional.
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Congress may pass a
similar law abiding by
the Constitution or may
try to amend the
Constitution.
Congress
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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 Congress’s
power, and how does Congress reassert it?
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