Transcript Judicial Branch Powerpoint - School District of Waupaca

The Judicial Branch
US Court System
• Article III of the Constitution created
The United States Supreme Court
• Authorizes Congress to create all
US Courts below Supreme Court
• 12 Appeals Courts, 94 District Courts
• Special Courts & Military Courts
United States Supreme Court
• Highest Court in the United States,
Hear appeals from lower courts
• 9 Justices – Appointed by President
and confirmed by the Senate
• Serve for “Life or Good Behavior”
• Ultimate Authority on Constitutionality
Hearing Cases
• 7,000+ Appeals Every Year
• Justices choose to hear less than 200 cases
• 4 of 9 Justices must agree to hear a case
• Important, Constitutional Issues that can
affect the entire country
Case Procedure
• Written Arguments: Submitted by each side
• Oral Arguments: Made in front of all 9 Justices
• Conferences: Secret meetings between justices
• Writing Opinions: Senior Judge in Majority either
Writes or assigns Majority Opinion. Others
can write Concurring or Dissenting Opinions
Judicial Review
•The Power to declare a Law passed by
Congress to be Unconstitutional
• This power is NOT given to the Supreme
Court in the Constitution
• The Court claimed this power in 1803, while
deciding the Case, Marbury v Madison
Marbury v Madison, 1803
• During his last weeks in office, President
John Adams appointed William Marbury to
be Justice of the Peace for Washington DC
Marbury v. Madison, 1803
• Thomas Jefferson becomes President
• His Secretary of State, James Madison
refuses to deliver Marbury’s commission
Marbury v. Madison, 1803
• Judiciary Act of 1789 had expanded the Power
of the US Supreme Court
• Marbury takes Madison to Court, and asks
the Court to issue a writ, compelling
Madison to deliver the Commision
VS
Marbury v. Madison, 1803
• Chief Justice John Marshall believed that
Marbury should get the job
• Afraid if he issued the writ, that Jefferson
and Madison would ignore it, and reduce
power and prestige of Supreme Court
• Instead, he said that the
1789 law gave the court
powers beyond Article III
and was therefore
Unconstitutional
• Established Principle of
Judicial Review
Types of Law: Criminal Law
• The Government charges a Person
with a Crime
• The Government must prove that a Person
is guilty beyond a reasonable doubt
• Punishment = Prison and/or fines
Types of Law: Civil Law
• A Person or Government sues another
Person or Government
• The side that can convince a judge or jury
of their position with a preponderance
of evidence is the winner
• Winning side receives money
Types of Courts
• Courts of Original Jurisdiction:
Lowest level, where original trials are
held. Usually have Judge & Jury
• Appellate Courts:
Hear appeals from lower Courts. Cases
are heard by a panel of Judges.
No Juries in Appellate Courts
State and Local Courts
• All 50 States have their own court systems
• States have District, Appeals and their
own Supreme Courts
• Appeals from State Supreme Courts are
heard by the US Supreme Court
• Cities and Towns may have local trial
courts