Transcript The Judicial Branch - Laurens County Schools

The Judicial Branch
Unit 5
Riberdy
Court Systems
& Jurisdictions
Creation of a National Judiciary
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The Framers created the national judiciary in
Article III of the Constitution.
There are two court systems in the United States:
the national judiciary that spans the country, and
the courts run by each of the 50 States.
The Constitution created the Supreme Court and
left Congress to establish the inferior courts—the
lower federal courts. There are two types of
federal courts: (1) constitutional courts and (2)
special courts.
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Chapter 18, Section 1
Judicial function in
the United States is
exercised in a dual
court system.
U.S. Courts
 Handle
(have
jurisdiction
over) cases
involving
federal law
and the
Constitution.
State Courts
 Handle
(have
jurisdiction
over) cases
involving state
matters.
Jurisdiction:
The right of a
court to hear a
case and make a
decision
Types of Jurisdiction
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Exclusive and
Concurrent Jurisdiction
Some cases can only be
heard in federal courts. In
that case, federal courts
have exclusive
jurisdiction.
Many cases may be tried in
a federal court or a State
court. In such an instance,
the federal and State
courts have concurrent
jurisdiction.
Original and Appellate
Jurisdiction
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A court in which a case is first
heard is said to have
original jurisdiction over
that case.
A court that hears a case on
appeal from a lower court has
appellate jurisdiction over
that case.
The Supreme Court exercises
both original and appellate
jurisdiction.
Original
Jurisdiction
Authority of a
court to hear a
case before any
other court;
grants a trial
Appellate
Jurisdiction
Authority of a
court to review
the decisions of
the lower court.
Hears cases on
appeal
Powers of the
Judicial Branch
Conduct
Trials
The hearing and
judgment of a
case in court.
Interpret
the Law
The Judicial Branch decides
arguments about the meaning of
laws, how they are applied and
whether they break the rules of
the U.S. Constitution.
Hear
Appeals
The right of a
convicted person to
ask a higher court to
review his or her
case.
Judicial Review
 The
power to
determine the
constitutionality
of laws and
executive acts.
Role of the Judicial
Branch in the System
of Checks and
Balances
Judicial Checks
Judicial Powers
over the
Legislative Branch
Judicial Powers
over the
Executive Branch
The Judicial Branch can
declare Congressional
laws unconstitutional.
The Judicial Branch can
declare executive acts
unconstitutional.
Checks on the Judicial Branch
Legislative Powers
over the
Judicial Branch
Congress approves
and can impeach
federal judges
Executive Powers
over the
Judicial Branch
The President
appoints federal
judges.
The
Federal
Court
System
The Federal Court
System
The federal courts try
cases involving federal
laws and the
Constitution.
U.S. Supreme
Court
U.S. Court of
Appeals
U.S. District
Courts
The Constitution and Laws
define the jurisdictions,
powers and structure of the
federal courts.
Types of Cases heard
by Federal Courts:
Questions
 -Crime committed on
federal property
 Violation of federal laws
 Disputes between states
 Disputes involving foreign
governments.

-Constitutional
The District Courts
Federal Judicial Districts
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The 94 federal judicial
districts include at least
one district in each State,
the District of Columbia,
and Puerto Rico.
Larger and more
populous States are
divided into two or more
districts, reflecting the
larger amount of judicial
work done there.
District Court Jurisdiction
 District courts have original
jurisdiction over most cases
that are heard in federal
courts.
 The district courts hear a
wide range of criminal
cases and civil cases.
 A criminal case, in the
federal courts, is one in
which a defendant is tried
for committing some action
that Congress declared by
law to be a federal crime. A
federal civil case is one
U.S. District Courts
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Only Trial Court
Plaintiff:
U.S. Government
Defendant:
Accused
1 Judge
Jury
Original Jurisdiction
U.S. Court of Appeals
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If unhappy with ruling
in District Court, the
accused needs a legal
reason to appeal to
this court.
3 Justices (judges)
No jury
Appellate Jurisdiction
The Courts of Appeals
The courts of appeals were created in 1891 to handle
much of the burden that the Supreme Court faced in
ruling on appealed cases.
Appellate Court
Jurisdiction
Appellate Court Judges
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Altogether, 179 circuit
judges sit in the 12 appeals
courts.
A Supreme Court justice is
also assigned to each of
the circuits.

The courts of appeals only
have appellate jurisdiction,
hearing cases on appeal
from lower federal courts.
U.S. Supreme Court
Final court of appeals if unhappy
with ruling in District Court of
Appeals
 9 Justices
 No Jury
 Appellate jurisdiction
 Limited Original
Jurisdiction

The U.S. Supreme Court
and Judicial Review
U.S. Supreme Court
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Highest Court in the land
The only court specifically
listed in the U.S.
Constitution
Justices appointed by the
President and approved by
the Senate
Appointed for life
Can be impeached by
Congress
The Supreme Court is the
guardian of the
Constitution; checking
the actions of the
legislative and executive
branches to insure that
they do not violate the
supreme law of the land.
Judicial
Review
Judicial Review
The power of the Supreme Court to
determine if laws made by
Congress and executive acts of
the President are Constitutional.
Judicial Review
Judicial review refers to the power of a
court to determine the constitutionality of
a government action.
 The Supreme Court first asserted its
power of judicial review in the case of
Marbury v. Madison (1803).
• The Court’s decision laid the foundation
for its involvement in the development of
the American system of government.
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Chapter 18, Section 3
*Established the
principle of judicial
review.
 *Established the
Supreme Court as the
interpreter of the
Constitution.
 *1st time that the
Supreme Court said an
act of Congress was
unconstitutional.
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Marbury
v.
Madison
1803
Supreme Court Jurisdiction
The Supreme Court has both original and
appellate jurisdiction.
 The Court has original jurisdiction over
cases involving two or more States and all
cases brought against ambassadors or
other public ministers.
 Most cases heard by the Court are appeals
cases. The Court hears only one to two
cases in which it has original jurisdiction
per year.
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Chapter 18, Section 3
How Cases Reach the Supreme Court
For a case to be heard by the Court, four of nine judges
must agree that it should be placed on the Court’s docket.
Writ of Certiorari
Certificate
Most cases reach the
Cases can reach the
Court via writ of
certiorari, an order
to a lower court to
send a record in a
given case for its
review.
Court by certificate
when a lower court
asks for the Court to
certify the answer to
a specific question in
the matter.
Opinions of the Court
Once the Court finishes its conference, it reaches a decision and its opinion is
written.
M a jo rity O p in io n
T h e m a jo rity o p in io n , fo rm a lly
c a lle d th e O p in io n o f th e C o u rt,
a n n o u n ce s th e C o u rt’s d e c isio n in a
c a s e a n d its re a s o n in g o n w h ic h it is
b a se d .
P re c e d e n ts
T h e m a jo rity o p in io n s s ta n d a s
p re c e d e n ts , o r e x a m p le s to b e
fo llo w e d in s im ila r c a se s a s th e y
a rise in th e lo w e r co u rts o r re a c h th e
S u p re m e C o u rt.
C o n c u rrin g O p in io n s
C o n c u rrin g o p in io n s a re
s o m e tim e s a u th o re d b y ju s tice s to
a d d o r e m p h a s iz e a p o in t th a t w a s
n o t m a d e in th e m a jo rity o p in io n .
D is s e n tin g O p in io n s
D is s e n tin g o p in io n s a re o fte n
w ritte n b y th o se ju s tic e s w h o d o n o t
a g re e w ith th e C o u rt's m a jo rity
o p in io n .
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Chapter 18, Section 3
Brown
v.
Board
of
Education
1954
*The Supreme Court
declared a state law
unconstitutional.
 *Racial segregation
in public schools
violated the
Constitution
 *Violated the 14th
Amendment: All
citizens have equal
protection under the
law
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Bush
v.
Gore
2000
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*The Supreme Court
decided the outcome of
the presidential election.
*Manual recount of
presidential votes in
Florida would stop
*Recount was
unconstitutional: it could
not be completed by the
deadline.
The Supreme Court is the
guardian of the
Constitution; checking the
actions of the legislative and
executive branches to insure
that they do not violate the
supreme law of the land.
Principles of the
Judicial Branch
Principle
Due
Process
Rights
Where is it
Found?
5th Amendment
prohibits the national
government from acting
in an unfair manner.
14th Amendment
prohibits the states and
local governments from
acting in an unfair
manner.
What does it
mean?
The Constitutional
protection against
unfair government
action and laws.
Principle
Trial
by
Jury
Where is it
Found?
What does it
mean?
6th
Right to a
Amendment speedy and
public trial,
by an
impartial
jury
Principle
Rights of
the
Accused
Where is it
Found?
What does it
mean?
•to be informed
6th
Amendment of the charges
•to cross
examine
witnesses
•to have witness
on their behalf
•assistance of
counsel
Principle
Equal
Protection
under the
law
Where is it
Found?
What does it
mean?
States can not
14th
Amendment deny any
person equal
protection.
Further
defined that
all men are
created equal
The judicial branch
interprets the law
in order to protect
individuals from the
power of the
government.
Appointment of Judges
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The power to appoint judges to federal
courts falls on the President.
The President nominates Supreme Court
justices, as well as federal court judges, who
are then subject to the approval of the
Senate.
Most federal judges are drawn from the
ranks of leading attorneys, legal scholars and
law school professors, former members of
Congress, and State courts.
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Chapter 18, Section 1
Terms and Pay of Judges
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Judges appointed to the constitutional courts,
including the Supreme Court, are appointed for life.
Judges of constitutional courts may only be removed
by their own will or through impeachment. Only 13
federal judges have ever been impeached, and of
them, seven were convicted.
Judges who sit in the special courts are appointed
for terms varying from 4 to 15 years.
Congress determines salaries for federal judges.
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Chapter 18, Section 1
Criminal Cases
and Procedures
Criminal Cases
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The court determines whether a person
accused of breaking the law is guilty or
not guilty of a misdemeanor, a less
serious crime with a punishment of less
than a year in jail or felony, a more
serious crime punishable by more than a
year in prison.
Procedures for a
criminal case
Arrest
Jail or Bail
Preliminary Hearing
Arraignment
Trial
Sentencing
Arrest
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Police can place someone under
arrest if:
There is probable cause- reason
to believe someone is guilty of a
crime.
The police officer witnesses a
crime.
An arrest warrant is issued.
Miranda rights must be read: right
to remain silent, to have an
attorney
Jail or Bail
The accused may be
committed to jail or
released on bail.
 Bail- Security, usually a sum
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of money, exchanged for the
release of an arrested person
as a guarantee of that person's
appearance for trial
Arraignment
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First Meeting in front of a
judge
Bail is set
Attorney is appointed by
the court if requested
Preliminary Trial date is
set
Preliminary Hearing
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Guilty or not guilty
plea is entered
Judge reviews
probable cause (is
there enough
evidence to
proceed to trial?)
Trial date is set
Trial
(District Court)
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Prosecution- Government
Attorney
Defense- Accused and Attorney
Jury is chosen
Opening Statements
Witness Testimony and CrossExamination
Closing Arguments
Jury Deliberation- must find the
accused guilty beyond a
reasonable doubt.
Verdict
Sentencing
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If a defendant is
found guilty of a
misdemeanor or
felony, the judge
will sentence
them to
probation, prison
or to pay a fine.
Appeal
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The convicted
may appeal the
case to a higher
court if his/hers
rights were
violated or if
there was an
error in the court
procedures.
Civil Cases
Civil Cases
The court settles
a disagreement
between two
parties; often
over money or
harm to
someone’s
reputation.
Plaintiff
Person who feels that they have been
wronged
 Initiates (begins) lawsuit
 Files complain to recover damages or
to receive money
 Describes plaintiff’s injury, asks court
to order relief
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Defendant
Served a copy of the complaint
 Defends themselves against the
complaint
 Has to be proven guilty by a
preponderance (majority) of the
evidence
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Disagreement Settled by:
Jury
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Judge explains law that is
relevant in the case
Determine if defendant is
responsible damages or
compensation
Judge
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Bench Trial
Determines if defendant
is responsible
Determines amount of
damages or
compensation
The court decides which
side is right or wrong; the
decision can be appealed
to Court of Appeals or to
the Supreme Court.
Juvenile Crime
Juvenile
Anyone
under the
age of 18
Juvenile
Delinquent
Juvenile who
commits an
act that
would be a
crime if they
were an
adult.
Procedures for Juvenile
Cases
No juvenile is tried in the
federal court system;
state systems only
Juveniles who commit
serious crimes can be
tried as adults
No jury trials for
juveniles; judges have
greater latitude in
handling cases
Goal of the juvenile
justice system is to
rehabilitate not to punish