Transcript Government
Government
Unit 5: The Judicial Branch
Unit Overview
1.
What is the role of the courts in the United States?
2.
What are the basic types of laws?
3.
How is the U.S. legal system structured?
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Types of Law
Constitutional Law —Interprets the language of the Constitution.
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Judicial Review —the power of the court to determine constitutionality of laws.
Criminal Law —deals with felonies and misdemeanors.
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Felonies —Serious crimes like armed robbery.
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Misdemeanors —Less serious crimes such as trespassing or public intoxication.
Civil Law —Involves disputes between two parties (the plaintiff and the defendant). Like Judge Judy.
Lower Courts
Role of the Courts
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Resolving Debates Set Precedents Interpret the Law Strict Constructionist: believes the Constitution should be interpreted strictly.
Loose Constructionist: believe in a looser interpretation of the Constitution
Authority of the Courts
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Jurisdiction: authority to interpret and administer the law from the Constitution.
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Original Jurisdiction: the authority to hear the case’s initial trial Organization of the Courts
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District Courts: lowest level, original jurisdiction, each state has 1-4 courts Courts of Appeals: appeals from district court, only 1/5 are actually heard. 13 Courts each with its own Circuit.
United States Courts of Appeals Boundaries
Federal Judges
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Appointed by the President Life Term: limits political pressure Can be impeached and convicted for serious crimes Appointment must be confirmed by the Senate
Justice is “Blind”
What does this mean?
The Supreme Court
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The highest court in the land Life terms Appointed by the President Amount of Justices is determined by Congress Judiciary Act of 1789: Established six Supreme Court positions. Would be increased to 9 in 1869.
FYI Court Packing: FDR tried to increase the amount to 15 justices because his “New Deal” was determined unconstitutional. He needed more justices like him. Congress rejected this proposal. The court later decided minimum wage and unions were allowed
Notes Quiz 1. These people believe that the Constitution should be interpreted exactly as it is written.
2. Who appoints all Federal Judges?
3. The authority to administer and interpret law is called?
4. What are the lowest level Federal Courts called?
5. How many Supreme Court Justices were there in 1789?
6. How many Supreme Court Justices are there today?
Liberal (Left) vs. Conservative (Right)
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ISSUE Abortion Military issues Gay marriage Death penalty Taxes LIBERAL
Pro-Choice Spending Support Oppose Raise...more govt. programs
CONSERVATIVE
Pro-Life Spending Oppose Support Reduce...
privatize
What are YOUR opinions on each of these issues Liberals are usually Democrats Conservatives are usually Republicans
President Obama’s first term
Front row: Associate Justices Anthony M. Kennedy , John Paul Stevens , Chief Justice John G. Roberts , Antonin G. Scalia , and Clarence Thomas .
Back row: Associate Justices Samuel A. Alito , Ruth Bader Ginsburg , Stephen G. Breyer , and Sonia Sotomayor .
Liberals Stevens Breyer Sotomayor Ginsburg Conservatives Kennedy Alito Roberts Scalia Thomas Swing Vote Sort the Ideology of the Court
The Legal Process
1 Appearance in Court 2 Preliminary Hearing 3 Indictment 4 Arraignment 5 Jury Selection 6 Trial 7 Verdict 8 Sentencing Judge may set bail Judge decides if enough evidence exists for a trial Formal Accusation by grand jury Accused is notified of charges Attorneys choose panel of jurors Evidence and questioning of witnesses Jury decides guilt or innocence —unanimous Judge sets punishment
The United States has the largest percentage of prisoners per person. Do you think this is because the U.S. has the most criminal activity? Is there another explanation for our huge prison population?
Why are there so many more people in prison today than in the past?
Police and Corrections
Why do you think that there is such a large disparity in these statistics?
Do you think that these feelings are justified or are they myth?