Transcript Judicial Branch - Frankfort Community High School

The Court System
Chapter 5
Purpose of Judicial Branch
• Interpret Laws Passed by Congress
• Assure Laws That are Passed are
Constitutional
• Established under Article III of
Constitution
• Congress given Authority to
Establish all “Inferior” Federal
Courts
Adversarial vs Inquistional
• U.S. has a
Adversarial legal
system
– Contest between
opposing sides
– Jury determines facts
• Europe uses the
inquisitional system
– Judges serve as the
jury
Organization of Federal Courts
Supreme Court
Appellate Courts
District Courts
Benton
East St. Louis
(General Trial Courts)
Federal Court Structure
CQ11-02.1
Organization of State Courts
Illinois Supreme
Court
Appellate Courts
(Mt. Vernon)
Circuit Courts
(Trial Courts)
Jury Selections
• Screening Process
• Voir Dire
– Screen for impartiality
• Removal for Cause
– If attorney feels juror
has some prejudice
• Peremptory
Challenges
What is “Judicial Review?”
• Used to determine
Constitutionality
of all Laws!
• Marbury vs
Madison
• Jurisdiction
– Legal Authority of
the Court
Qualifications for Federal
Judges
•
•
•
•
•
There are None!
Selection
Term
Salary
Support Personnel
U.S. Supreme Court
• “Highest Court of
the Land”
• Jurisdiction
– Original
– Appellate
• 9 Justices (Select a
Chief Justice)
• Terms/Salaries/
Qualifications
Information About the Supreme
Court
• 9 Supreme Court Justices – life term
• 8,000 cases are referred to the court, hear
about 80 a year
• Must have a writ of certiori for the court
to consider case (99% denied!)
• 1st Monday in October – end of June
• Most cases come from Federal courts
Supreme Court (cont.)
• After a case is heard, court makes a
decision – 3 options:
– 1. Majority Opinion
– 2. Dissenting Opinion
– 3. Concurring Opinion
• Final decision results in a Precedent,
which all other lower courts must follow!
• Homework-problem 5.4 (pg. 58) Gideon
vs Wainwright