Judicial Branch Government

The American Court System  Supreme Court (Federal – follow constitution & federal laws) State Courts (state constitutions and laws – hear the majority of cases)  Inferior Courts are lower federal courts below the Supreme Court  Concurrent Jurisdiction is power shared by federal and state courts to hear certain cases (involves multiple states or $ over 75,000 dollars  The court that first hears a case has original jurisdiction  Appellate Jurisdiction is the authority of a court to review decisions of inferior courts  Plaintiff refers to the party who brings a suit or some other legal action against another in court (civil law)  Defendant refers to the person against whom a court action is brought by the plaintiff (civil) the person charged with the crime (criminal)

Details Of Court  Civil Cases are those involving a noncriminal matter such as a contract dispute or a claim of patent infringement  A higher court can make an order called a Writ of Certiorari directing a lower court to send up the record in a given case for review  When one or more judges disagree with a decision reached by a majority of the court they can write their reason why in a dissenting opinion  When one or more judges support a decision reached by a majority of the court but wish to add or emphasize a point that was not made in the majority decision they write it down in a concurring opinion  Certificate = a method of putting a case before the supreme court – used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question

Rights You Have in the Courts Eye  Civil Rights make constitutional rights a reality  You have the right to gather with others to promote political, economic and social causes by right of association  False and malicious use of the printed word is libel  Expression by conduct such as carrying a sign or wearing an armband is considered symbolic speech  Shield Laws protect reporters from having to identify their sources and do not have to disclose any confidential information  Workers on strike can participate in picketing in front of their business  You can be charged with sedition if you attempt to overthrow the government by force

More Rights  Your civil liberties still protect you against arbitrary acts of the government  Due Process Clause makes sure states cannot deny your rights in the Bill of Rights because of the 14 TH amendment  The separation between church and state is due to the Establishment Clause  Slandering another during a speech or rally is not allowed to protect the people  People have the right to assemble (gather together) to express their views on public matters  The government has to be content neutral when regulating assemblies  The government will make prior restraint seeking to curb ideas before they are openly expressed

Court Terms!  An indictment is a formal complaint that the prosecutor lays before the grand jury  Congress and states cannot pass a bill of attainder that would inflict punishment without a court trial  Police must have probable cause to obtain a warrant  Double Jeopardy prevents a person from being tried twice for the same crime  The Exclusionary Rule makes evidence gained as a result of an illegal act by police not usable in court  Police Power is the authority of each state to act to protect and promote the public health, safety, morals and general welfare of its people  Grand Jury is the formal device by which a person can be accused of a serious crime

More Court Terms!  Bench Trial is when a judge alone hears your case  Due Process means that the government must act fairly and in accord with established rules in all that it does  Jus Sanguinis is the law of blood which determines citizenship based on ones parents citizenship  Jus Soli is the law of soil which determines citizenship based on where a person is born  Refugee is one who leaves his or her home to seek protection from war, persecution or some other danger

Courts and Citizenship  Citizen is a member of a state or nation who owes allegiance to it by birth or naturalization and is entitled to full civil rights  Expatriation is the legal process by which a loss of citizenship occurs  De Jure Segregation is segregation by law, with legal sanction  De Facto Segregation is segregation even if no law requires it  Heterogeneous is of another or different race, family or kind; composed of a mix of elements

More Courts and Citizenship  Naturalization is the legal process by which citizens of one country become citizens of another  Denaturalization is the process through which naturalized citizens may involuntarily lose their citizenship  Deportation is a legal process in which aliens are legally required to leave the U.S.  An Alien is a foreign-born resident, or noncitizen  Jim Crow Laws are those that separate people on the basis of race, aimed primarily at African Americans  Reverse Discrimination is when you discriminate against those in a dominate or majority group  The Federal Government’s chief response to the effects of past discriminatory practices based on race, color, and sex is called affirmative action

Supreme Court Justices  There are 9 Supreme Court Justices in all and one of these nine is the Chief Justice (man in charge)  The current 9 Supreme Court Justices were elected between 1986 to 2010  There are 6 men and 3 women on the Supreme Court  The fourth newest Supreme Court Justice is the Chief Justice  Only two of the nine were elected in the ‘80s, 3 were elected in the ‘90s and 4 were elected in the ‘00s