The Judicial Branch

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The Judicial Branch

• Chapter 12
• Civics Mr. Blough

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• The United States has a dual court system
• - Federal Courts
• - State Courts

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U.S. Courts

• Handle (have jurisdiction over) cases involving
  federal law and the Constitution.

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State Courts

• Handle (have jurisdiction over) cases involving
  state matters or laws passed by states.

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Jurisdiction

• The authority to hear a case and make a decision

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• Exclusive Jurisdiction
• ONLY Federal courts can hear a case

• Concurrent Jurisdiction
• Both state and Federal courts can hear a case

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• Original
• Jurisdiction
• Ability to hear case for the 1st time make a
  guilty/not guilty verdict

• Appellate Jurisdiction
• Reviewing a decision made by a lower court based
  on an appeal

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Types of Cases heard by Federal Courts

• - Constitutional Disputes
• -Crime(s) committed on federal property Post
  Office, National Parks, etc.
• Violation of federal laws
• Disputes between states or people from different
  states
• Disputes involving foreign governments.

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Powers of the Judicial Branch
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• Conduct Trials
• Was the person guilty? Not guilty? Was the law
  violated?
• (Generally original jurisdiction)

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• Interpret the Law
• Was the law broken?
• Is there a dispute over how a law is carried out?
• Does it violate the Constitution?

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• Hear
• Appeals
• Reviewing lower court decisions to determine if
  an error was made.
• (Appellate jurisdiction)

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Judicial Review

• Determining if the law goes against the
  Constitution
• If the law is unconstitutional, the law gets
  thrown out!

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Role of the Judicial Branch in the System of
Checks and Balances
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Judicial Checks

• Judicial Powers
• over the
• Legislative Branch
• The Judicial Branch can declare Congressional
  laws unconstitutional.

• Judicial Powers
• over the
• Executive Branch
• The Judicial Branch can declare executive
  acts unconstitutional.
• Chief Justice of SC presides over impeachment
  hearings

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Checks AGAINST the Judicial Branch

• By the Executive Branch
• The president chooses (appoints) federal judges
• Pardon, reprieve, amnesty, etc.

• By the Legislative Branch
• The SENATE must confirm presidential appointments
• 2) Impeachment of judges

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The Federal Court System
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U.S. District Courts

• Only Trial Court Guilty or not guilty verdict
• Plaintiff
• U.S. Government
• Defendant
• Accused
• 1 Judge
• Jury of peers
• Original Jurisdiction where the case begins

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District Courts

• Where most of the cases are held
• About 90 of cases start in district courts
• 300,000 cases per year (criminal and civil)
• District courts have original jurisdiction
• Original jurisdiction to hear cases for the
  first time
• District court judges are appointed by President
  and have lifetime terms

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Other people in District Courts

• Magistrate person who issues court orders and
  has a pre-trial to determine whether a case
  should be taken to actual trial
• US Attorney The lawyer on behalf of the U.S.
• In criminal cases, he/she will always be on the
  side of the prosecution
• Marshal arrests suspects and delivers people to
  district courts
• Issue subpoenas - an order requiring you to go
  to trial

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US Appeals Court

• Where cases go after district courts
• Appellate jurisdiction to hear cases that have
  already been decided in lower courts. Why?
• Wrong procedure
• Error on part of judge, jury, or lawyer
• New evidence brought forth
• Violation of the Constitution
• Lifetime appointments for judges

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An important note

• Appeals courts ARE NOT deciding cases to
  determine whether the party is innocent or guilty
• INSTEAD, theyre trying to determine whether an
  error or mistake was made
• If so, the sentence can be revoked or changed
• Or, it could go to the Supreme Court
• Or it could stay the same.

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Appeals Cases

• There is no jury in an appeals case.
• Only the judges decide! (all 3 of them)

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U.S. Court of Appeals

• The accused can appeal to a higher court if they
  can find a legal reason to do so
• 3 Justices (judges)
• No jury
• Appellate Jurisdiction
• Uphold or overturn decision

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U.S. Supreme Court

• Final court of appeals if unhappy with ruling in
  District Court of Appeals
• Meets in Washington, DC
• 9 Justices
• No Jury
• Appellate jurisdiction
• Very little original jurisdiction

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The U.S. Supreme Court and Judicial Review
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U.S. Supreme Court

• Highest Court in the land
• The only court mentioned in Article III
• Judges (justices) appointed by the President and
  approved by the Senate
• Terms last a lifetime
• Can be impeached by Congress

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• Think of the Supreme Court
• as the nations referee
• they make sure that the
• rules (Constitution) are
• being followed correctly.

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Topics on which the SC has ruled

• Abortion (Roe v. Wade)
• Segregation in schools (Plessy v. Ferguson Brown
  v. Board)
• Flag burning (Texas v. Johnson)
• Free speech in schools (Tinker v. Des Moines
  Hazelwood v. Kulhmeier)
• Power of the presidency (US v. Nixon)
• Rights of the accused (Gideon v. Wainright,
  Miranda v. Arizona, Mapp v. Ohio, etc.)

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Judicial Review
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Judicial Review

• Supreme Courts power to determine if
• 1.) laws passed by Congress are constitutional
  (Article I)
• 2.) Presidents actions are Constitutional
  (Article II)

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• Established the idea of judicial review (J.R)
• Allowed the Supreme Court to determine J.R.
• The first time that the Supreme Court deemed a
  law unconstitutional (threw it out)

• Marbury
• v.
• Madison
• 1803

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• The Supreme Court exists to guard the
  Constitution. It checks the power of the
  executive/legislative branches and interprets the
  law.