The Third Branch of Government

 Interprets laws—clarifies and defines where Constitution or law is vague  Punishes lawbreakers  Settles disputes  Decides if laws are constitutional

 State Courts—determined by each state  Federal Courts—determined by Congress and Article III of Constitution  Similar structure for different laws/scope  US Supreme Court may be reached through each system  Jurisdiction—which court has the authority to hear a case?  Original—trial court, witness, jury, evidence  Appellate—panel of judges, reviews  Concurrent—shared authority

 US District Courts 94 Total Only federal court in which jury trial are held Original jurisdiction Cannot hear cases on appeal  US Court of Appeals (appellate)  12 Regional Circuits  US Supreme Court  9 Justices  Mostly Appellate District Court Appeals Supreme

 Judges--Not Truly Democratic  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  Juries—”A Jury of One’s Peers”  Average citizens  Duty  Non-professional  A way for citizens to participate in process

 MN District Courts (10)  Original jurisdiction  Jury trial  MN Special Courts in each District  Juvenile, conciliation, probate, family, traffic, etc.  MN Court of Appeals (1)  MN Supreme Court (1)

 Selection Process more Democratic  Elected positions  Can be appointed by governor  6 year term  Non partisan

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

 Criminal  Cases involving a crime, the government, and punishable by jail time  Prosecution, Defense, Defendant  Felony or Misdemeanor  Civil  Cases involving personal damage/injury, broken contracts, or property and involves money  Plaintiff, Defense  Class action lawsuit, conciliation court—small claims

 Beyond a Reasonable Doubt—criminal  A higher standard for prosecution to prove guilt beyond a reasonable doubt  Unanimous verdict of the jury  Innocent until proven guilty  Preponderance of the evidence—civil  A lower threshold-- More than likely true  More true than not true means a jury does not have to reach a unanimous verdict

 Key Terms  Writ of Certiorari  Docket 7000 requests, less than 200 cases heard  Brief  Judicial Review  Types of Cases Heard  Constitutional  Matters of the law  Involve the entire country

 It grew from humble origins into a true third branch of government  An independent judiciary  Importance of history and rulings  John Marshall  Judicial Review  Superiority of Federal v. State governments  United court rulings instead of each judge ruling independently  Independence from other branches

Steps in a CaseMore on Opinions  Written Arguments Briefs submitted Justices review prior to case  Oral Arguments 30 minutes to summarize case Answer questions  Conference (in secret) Justices share first decisions A majority of 5 or more decides  Opinion Writing  Announcement  Opinion Writing  Types Majority, Unanimous, Concurring Dissenting  Opinion Writing—Parts Facts, ruling, and reasoning Set Precedents Justices can still change their minds but justices are assigned to rite opinions based on vote

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

 The Law  Precedent--“stare decisis”— let the decision stand—this makes the law predictable  Supreme Court is in position to change its position  Clarify law  Personal Beliefs  Justices are human and have life experiences that make them unique  Social Conditions  Somewhat insulated from public pressure— it is still sensitive  “Separate but equal” from social conditions changed  Legal Views  Strict v. loose interpretation (construction) or judicial activism v. judicial restraint  Judicial Review

Chief Justice John Roberts—” offered one of the best definitions of judicial temperament, which he said involves a judge's willingness to ‘factor in the Court's institutional role,’ to suppress his or her ideological agenda or desire for personal attention in the interest of achieving consensus and stability. ‘It's the difference between being a judge and being a law professor,’" Roberts said.

Segal Cover Score

 PLESSY VS. FERGUSON  BROWN VS. BOARD OF ED  MIRANDA VS. ARIZONA  KOREMATSU vs. UNITED STATES  ROE vs. WADE  GIDEON vs. WAINWRIGHT

 Overturns Plessy VS Ferguson  “Separate is inherently NOT equal”  Helps spark Civil Rights movement

 Miranda Rights  “You have the right to remain silent….”

 World War II Japanese Internment Camps  Executive Order #9066  Gave President the right to imprison thousands of Japanese Americans

 Controversial  Says states can not ban abortion in the first three months of pregnancy  South Dakota?

 Ruled that accused persons who can not afford a lawyer for their trials must be given one free of charge in state cases

 Political Cartoons can be seen as primary sources  What clues does the author provide?  What is the time? Issue?  Look for symbols? Size of objects? Caricatures?  What is the purpose—what does the author hope to prompt, evoke, or influence?  What is the point of view?  What is the main idea?  LET’S PRACTICE