Chapter 10 Judicial Branch Judicial Branch n Made
Chapter 10 Judicial Branch
Judicial Branch n Made up of the Supreme Court & more than 100 other federal courts n Most important members of the judicial branch are judges n They work quietly, away from the hubbub of politics that surrounds the President & members of Congress n Judges have a very important role in our government
What is the Purpose of the Legal system? n n n The Judicial Branch is responsible for interpreting laws and determining if they are constitutional The legal system resolves disputes Our country would probably be more violent without the legal system. Laws are usually based upon majority rule – or what a majority of citizens believe in All citizens should know and obey laws, it is good citizenship
Types of Legal Conflicts n Criminal case – a court determines whether a person accused of breaking a law is innocent or guilty. If found guilty, the court also decides the punishment. n Civil case – a court settles a disagreement n Ex. Broken contract, divorce, violations of constitutional rights
The Parties Involved n Criminal Case n Always brought to court by the Prosecution (called “The People”), a government body that brings a criminal charge against a defendant who is accused of breaking one of its laws n Ex. People of the State of Kentucky v. Smith
The Parties Involved n Civil Case n Case is brought to court by a party called the plaintiff, an individual or a group of people who bring a complaint against another party. n The party who answers a complaint and defends against it is called the defendant. n Ex. Burke v. Techno Corporation
Role of the Courts n To provide a fair trial n Ensure equal justice for all citizens n Judge must remain neutral and not take sides n Many cases involve a jury which decides the facts of a case
Court Decisions n Case brought against the accused must be so convincing that there is no reasonable doubt in jurors’ minds n If people are found guilty they have the right to appeal n This ensures that cases are decided fairly
Right to a Fair Trial Right to have a lawyer n Right to be released on reasonable bail before the trial is held n Right to be considered innocent until proven guilty n Right to expect grand jury to find enough evidence before an indictment is made n n n Right to a jury trial Right to not testify against oneself Right to hear and question all witnesses Right to appeal the verdict if there is reason to believe that the person did not receive a fair trial
Interpreting the Law n In the process of hearing a case, a court may have to decide what the law in question means n May also have to decide if the law is allowed by the Constitution n Can establish precedent – a guideline for how all similar cases should be decided in the future
Jurisdiction n Original jurisdiction – the court to which a legal case goes to first n What happens if the court of original jurisdiction makes a decision that the plaintiff or defendant in the case believes is unjust? Then they have the right to an appeal. n Appellate jurisdiction – the authority to hear an appeal
Types of Laws n n Statutory – laws passed by lawmaking bodies Common law – law that develops from common practice or previous judges decisions (precedent) Administrative – law made by government agencies Constitutional – law based on the US Constitution and the Supreme Courts interpretation of it
Difference between state and federal courts n State Most cases begin at the local level or state level. n Local and city courts are part of the state court system n Things that govern our everyday actions are part of the state court system-traffic laws etc. n Federal- hear 2 types of cases n Cases involving federal laws & issues beyond the authority of individual states n Cases appealed from state supreme courts n
Section Two Federal Court System
Federal Courts n Judiciary Act of 1789 created the district court & courts of appeals n Federal courts have jurisdiction is several kinds of cases. n Jurisdiction – authority to interpret and administer the law
Cases heard by Federal Courts n Cases: – That raise constitutional questions – Involving federal laws, such as treason and tax evasion – The federal government is a defendant – Disagreements between people from different states when more than $75, 000 in a dispute – Involving treaties signed by the U. S. – Involving American ships at sea – Involving ambassadors & other foreign representatives
US District Courts n n n District courts are located in all 50 states & DC for a total of 94 District Courts Workhorses of the federal court system – handle 80% of the caseload Only federal court in which a jury trial is heard They have original jurisdiction and can not hear appeals from other cases Constitution states that trials are to be held in states where crime was committed. Article 3, Section 2 This ensures the accused person receives a fair and convenient trial
US Court of Appeals n n n These courts review cases that are appealed from the district courts There are 12 courts of appeals Each covers a large area known as a circuit, a geographic area No juries, instead a panel of judges reviews evidence. They do not determine guilt or innocence. The judges use majority vote to reach a decision The court can either send the case back to the district court for a new trial or it upholds the lower courts decision
US Court of Appeals
US Supreme Court Highest court in the land n Meets in Washington D. C. n Works as an appeals court reviewing cases from lower courts n Supreme Courts decisions are final, they can not be appealed n n Supreme Court has original jurisdiction in following cases: – Involving diplomatic reps of other nations – Disputes between states – Cases involving state & federal government
Other Federal Courts n US Claims Courts n US Tax Court n US Court of International Trade n Court of Military Appeals n Territorial Courts n US Court of Veterans Appeals
Section Three The Supreme Court
Supreme Court Justices n The size of the Supreme Court is determined by Congress n The number of judges has been nine since 1869 n The Court has a Chief Justice and eight associate justices n Term for Justices is life - they can serve until they die or retire
Justices Continued All Federal Court justices must be appointed by the President n They must be approved by a majority vote of the Senate n No constitutional requirements for judge n
Marbury v. Madison n William Marbury sued James Madison (Sec. of State) in 1803 n Sued because he did not get a government job promised to him by then- President John Adams n Marbury brought case directly to Supreme Court n Judiciary Act of 1789 gave Supreme Court original jurisdiction in such matters
Marbury v. Madison n However, Constitution only gave court appellate jurisdiction n Court decided that part of the Judiciary Act was unconstitutional n John Marshall wrote opinion n He argued that court had the responsibility to declare unconstitutional any law that violated the Constitution n Established Judicial Review & gave the court one of its most important powers
Judicial Review n Supreme Court has the power to determine whether a law passed by Congress or a presidential action is in accord with the Constitution-this is their main purpose n Justice John Marshall (18011835) established judicial review and strengthened the Supreme Court’s power
Court in Action n n Supreme Court receives thousands of cases each year It only places 100 -200 cases on its docket for review Begins session on first Monday in October and adjourns in late June This is the court of last resort in all questions of federal law. The Supreme Court only hears cases that involve issues of significant public interest n Usually deal with important constitutional or national questions n If vote is a tie or court refuses to hear case, lower courts decision stands n
Court in Action Cont One of the justices, who voted with the majority, is assigned to write the opinion of the court. This explains how they came about the decision n If a justice agrees with the majority but for different reasons they write the concurring opinion n Justices who disagree with the decision may explain in a dissenting opinion n
Supreme Courts Powers n Checks on Courts: – Add an amendment to the constitution – Pass a new law that follows the Constitution – Appoint/approve justices n Courts Checks: – Can rule a law is unconstitutional
Changing Opinions n The Supreme Court has interpreted the Constitution differently at different times n The Justices are aware of changing social, political, and economic conditions which can sway their decisions. n The following cases are examples which showed how the court changed its beliefs according to changing times
Segregation Plessy v. Ferguson n 1896 n This case determined that separate but equal facilities for blacks & whites was constitutional, did not violate the 14 th amendment
Desegregation Brown v. Board of Education of Topeka n 1954 n This case ruled that separate but equal was unconstitutional and violated the 14 th amendment
Strengthening Rights n 1966 Miranda v. Arizona declared that police must inform arrested suspects of their rights before they can be questioned n This case strengthened the rights of the accused according to some Americans, while others saw it as a protecting the rights of all Americans.
How does one become a Supreme Court Justice? n n n Appointed by the president Approved by Senate Constitution lists no qualifications to be a Supreme Court Justice The way we choose does help ensure that we get a qualified person. The president looks at a list of candidates of the most respected judges, lawyers and legal scholars in the country-remember, the senate must approve the president’s choice
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