Transcript Chapter 8 The Judicial Branch

Chapter 8 The Judicial Branch
Section 1 The Federal Court System
Role of the Court
 Courts use the laws to settle civil disputes and
decide the guilt or innocence of people accused
of crimes
 The goal of our legal system is to treat every
person the same
 Every Person has the right to the following:
 Right to a public trial and a lawyer
 Considered innocent until proven guilty
 Can ask for case to be reviewed if they feel the
courts have made a mistake: appeal
Cases to be heard in Federal
Courts
1. Cases involving the
Constitution
 Any law that applies to the U.S.
Constitution
 Example: when someone’s freedom of
speech has been violated
 1st Amendment right
2. Violations of Federal Laws
 If a person has been accused of a
federal crime
 examples: kidnapping, tax evasion,
counterfeiting, patent rights,
bankruptcy
3. Controversies between
States
 Disagreements between states
North
Carolina
South
Carolina
 Example: North Carolina and
South Carolina disagreeing over rights
to a river
4. Disputes between parties
from different states
 Lawsuits between citizens of
different states
North Carolina
 Example: Mr. Eraser from North
Virginia
Carolina brings a lawsuit against Ms.
Expo from Virginia for not fulfilling a
business agreement
5. Suits involving the Federal
Govt
 If the U.S. sues someone or a company
 Example: Defense Dept. sues
company for not getting supplies
done on time
 Private parties can sue the govt
 Example: someone who is hit by a
mail truck can sue for damages
6. Cases Involving Foreign
Governments and Treaties
 Disputes between a foreign govt and
either the U.S. govt or private party
Vs
 Example: U.S. and China have a treaty
and China does something to violate
that treaty
7. Cases based on Admiralty
and Maritime Laws
 Concern accidents or crimes on the
high seas, piracy
 Example: Cubans killed members of a
U.S. ship, stole goods, and left
8. Cases Involving U.S.
Diplomats
 U.S. diplomat working in France
who is accused of breaking an
American law
Relation to State Courts
 Federal courts have exclusive jurisdiction over
the cases previously mentioned
 Only these courts may hear and decide
cases
 In a few circumstances cases may be heard by either
state or federal courts
 Concurrent jurisdiction-
either can
try cases that violate state and federal
laws
The Federal Court System
 Federal court system is stated in
Article III of the Constitution
 Established a Supreme Court and
lower federal courts
 Judiciary Act 1789-created federal
district courts and circuit courts
of appeals
Section 2 How Federal Courts are
organized
The Federal Court System
Supreme Court
Appeals courts
District courts
U.S. District Courts
 There are 94 district courts in the U.S.
 district courts- where trials are held and
lawsuits begin
 most states have at least 1
 All federal cases must begin in the district
court because they have original
jurisdiction- the authority to hear a
case for the first time
U.S. District Courts
 They are responsible for determining
the facts of a case; they are the trial
courts for both criminal and civil
cases
 In a criminal case, district courts
decide if a persons in guilty or
innocent, witness testify and
verdicts are reached here
U.S District Courts
U.S. Court of Appeals
 These courts are referred to as federal
court of appeals, circuit courts of
appeals, or appellate courts
 Appellate Jurisdiction
 Their job is to review decisions made
in the lower courts
 This is known as appellate jurisdiction or
the authority of a court to hear a
case appealed from a lower court
U.S. Court of Appeals
 Trials are appealed when lawyers think the
judge applied the law incorrectly, used the
wrong procedures, or if new evidence
could impact the verdict
 There are 12 U.S. courts of appeals. Each
one covers a geographic area called a
circuit.
U.S. Court of Appeals
U.S. Court of Appeals
Making a decision
 Appeals courts do not hear trials, they
decide an appeal in one of three ways:

1. uphold the original decision


2. reverse the decision
3. remand the decision (send it
back to a lower court)
Announcing a decision
 When an appeals court make s a
decision one judge writes an opinion or
a detailed explanation of the legal
thinking of the courts decision
 This sets the precedent for the district
Federal judges
 ***According to the Constitution the president
appoints federal judges with approval from the
Senate.
 There are no qualifications for federal judges
but the president wants to appoint judges who
share their same ideas about politics and
justice.
 Judges are appointed for life and this means
the president can still affect the country after
they have left office.
Federal judges
 Once appointed judges can only be
removed through the impeachment
process. This job security means they
are able to decide cases free from public
or political pressures.
Chapter 8 The Judicial Branch
Section 3 The U.S. Supreme Court
Main job of the Supreme Court
and jurisdiction
 The main job of the Supreme court is to decide whether
laws are allowable under the U.S. Constitution
 The have original jurisdiction on 2 kids of cases
 1. issues that involve diplomats from other
countries
 2. when a state is involved
 Usually the court hears cases that have been appealed
from lower courts
Who is in the Supreme Court?
 Composed of 8 associate justices and 1 Chief
Justice
 Appointed by the president, approved by the
Senate
 Appointed for life
 Chief Justice: John G. Roberts, Jr
 seventeenth in U.S history
The Supreme Court
Background
 Have always previously been lawyers
 Agree to support and agree with the president’s ideas
 first African American justice- Thurgood Marshall
 first women- Sandra Day O’Connor
Powers of the Supreme Court
 The legislative and executive branch must abide by
the rulings of the court
 Judicial review
 Power to say whether any federal, state, local
law or govt action goes against the
Constitution
 Established by the case of Marbury V. Madison
(1803)
 Helps interrupt the general language of laws passed
by Congress “uses”
How can you get around a court
decision?



1. pass a new law/change the law ruled
unconstitutional
2. adopt a new amendment
3. appoint/remove justices- Congress sets
the number