Unit IV: The Judicial Branch The Third Branch of Government

Function Interprets laws Punishes lawbreakers Decides if laws are constitutional

Two Court Systems United States Federal Courts (Article III) –US District Courts 94 Total Only federal court in which jury trial are held Original jurisdiction Cannot hear cases on appeal

US Federal Courts Cont. US Court of Appeals (appellate) –12 Regional Circuits US Supreme Court –9 Justices –Mostly Appellate US Special Courts –Tax, Customs, Bankruptcy

US Federal Courts Cont. No True Representative Democracy –All judges and justices are appointed –All serve life terms –Non partisan to remove politics from decisions –Citizens have an indirect influence on judges/justices

MN Court System MN District Courts (10) –Original jurisdiction –Jury trial MN Court of Appeals (1) MN Supreme Court (1) MN Special Courts –Juvenile, conciliation, etc.

MN Court System Selection Process –Elected positions –Can be appointed by governor –6 year term –Non partisan –Representative Democracy

Checks and Balances Legislative Checks Over Judicial 1. 2.

Checks and Balances Executive Checks Over Judicial 1. 2.

Checks and Balances Judicial Checks Over Legislative 1. 2.

Checks and Balances Judicial Checks over Executive 1. 2.

Making Judgments In your opinion, should judges be elected, as they are at the state level, or appointed, as they are at the federal level? Explain.

Define the Following Words: Misdemeanor Plaintiff Defendant Felony

LANDMARK CASES PLESSY VS. FERGUSON BROWN VS. BOARD OF ED MIRANDA VS. ARIZONA KOREMATSU VS. UNITED STATES GIDEON VS WAINWRIGHT MARBURY VS MADISON

BROWN VS BOARD OF ED Overturns Plessy VS Ferguson “Separate is inherently NOT equal” Helps spark Civil Rights movement

MIRANDA VS. ARIZONA Miranda Rights –“You have the right to remain silent….”

KOREMATSU VS US World War II Japanese Internment Camps –Executive Order #9066 –Gave President the right to imprison thousands of Japanese Americans

ROE VS. WADE Controversial Says states can not ban abortion in the first three months of pregnancy South Dakota?

GIDEON VS. WAINWRIGHT Ruled that accused persons who can not afford a lawyer for their trials must be given one free of charge

JUDICIAL REVIEW Marbury VS Madison –Gives Supreme Court power of JUDICIAL REVIEW –Court can rule acts of Congress, state governments, and acts of the President unconsitutional