The Judicial Branch December 15, 2015. The Judicial Branch a Review What article of the Constitution outlines the Judicial Branch? What branch of government.

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Presentation transcript:

The Judicial Branch December 15, 2015

The Judicial Branch a Review What article of the Constitution outlines the Judicial Branch? What branch of government can create lower courts? State one check on the judiciary by the executive. State one check of the judiciary by the legislative. State one way the judiciary can check the executive and legislative. What case establishes judicial review?

Types of Courts, Cases, and Laws State Courts 98% of the all criminal cases are heard in state and local courts State and local courts also hear most civil cases Cases that involve state laws Federal Courts Handles cases dealing with: a. Federal crimes llp.com/federal-resources-crimes.php llp.com/federal-resources-crimes.php b. Civil suits under federal law c. Civil suits with citizens of different states involving more than $75,000 d. Most cases will be handled before it goes to court (pleas are entered) Can a case be heard in both courts without the conflict of double jeopardy? (Annenberg clip)

Types of Courts, Cases, and Laws Criminal Cases – when the government charges an individual with breaking a law. (ex. Robbery) warrants a punishment Civil Cases - dispute between two individuals (ex. Divorce, mergers, violations of civil rights) Common law v. Statutes a. Common law – accumulation of judicial decisions b. Statutes – laws passed by legislatures

In the case of Adoptive Couple v. Baby Girl, Who are the following?Adoptive Couple v. Baby Girl Litigants Plaintiff Defendant Interest Groups Amicus Curia Brief Justiciable Disputes * Can the Supreme Court make decisions about a case that have hypothetical issues? (Healthcare Bill)

Structure of the Federal Court System Supreme Court 12 Courts of Appeal Independent Regulatory Agencies 91 District Courts Court of Appeals of the Federal Circuit

Confirmation Hearings Clarence Thomas ce-thomas-confirm-supreme-court ce-thomas-confirm-supreme-court

Certworthy Cases Circuit Conflict Important ( unusual, “one of a kind”, societal impact, substantial legal significance, breadth of impact, and effect on the federal government) Areas of Interest to the Justices Egregious Legal Errors in Lower Courts Rule of 4

Decisions of the Court Decisions Majority Opinion Plurality Opinion Concurring Opinion Dissenting Opinion Match with the Definition a. A written statement that supports the majority opinion but have a different reasoning b.More than half of the justices have same reasoning in decision of case c.Rationale of judges disagreeing with the majority d.Reasoning of the most judges in a decision

Judicial Activism vs. Judicial Restraint Judicial Activism – judges should actively interpret the Constitution when the legislative and executive have not done so. Constitution should be broadly interpreted. ded&v=Pup2teJtJAA#t=0 ded&v=Pup2teJtJAA#t=0 Judicial Restraint – judges should work closely with the wording of the law, be respectful of precedent, and defer to decisions made by legislatures

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