Judicial Branch Article III U.S. Constitution

Criminal Law Crime: any act that is illegal because society and government considers it harmful Criminal Law: Group of laws that that are considered acts of crime Also refers how the accused should be tried and punished if convicted.

Civil Law Group of laws that are disputes between people. Land and property disputes Legal lawsuits Divorce

Sources of Laws Statutory: laws passed by lawmaking bodies (most criminal laws are statutory) Common Law: Laws that come from a judges decision. (precedent: an earlier decision) Administrative law: laws passed by government agencies (product safety) Constitutional Law: Based on the Constitution and the Supreme Court

Questions 1.Explain the difference between Civil and Criminal Law. 2.Type of law that comes from the U.S. Constitution. 3.Law that come from law making bodies.

Role of the Courts Courts use the sources of law to settle disputes Civil law: disputes between people and government Criminal law: disputes between society and individuals

Federal Court System U.S. District Courts at the base of the court system U.S. Courts of Appeals U.S. Supreme Court: Highest Court in the U.S. Each level has jurisdiction in several different cases. Jurisdiction: authority the court has to decide

Types of Jurisdiction Original jurisdiction: authority to hear and decide on a case Appellate jurisdiction: Power to review decisions of lower courts

Questions 4. Which court is the highest court in the U.S.? 5. How are original and appellate jurisdiction different?

U.S. District Courts Lowest level of federal courts Trial courts (only FC with trials) Original jurisdiction in case: 1 st to hear case At least 1 in all 50 states and D.C. 94 total in the U.S.

U.S. District Court Judges Apply the relevant law to the case: (Do not make law) 1-28 judges in district courts: depends on case load. Trial judges: Criminal and Civil law Appointed for life by the president and confirmed by Senate If there is no jury they make decision.

U.S. Courts of Appeals After a trial in district court the losing party may appeal to the next level. 2 nd Level U.S. Courts of Appeals Appellate jurisdiction: Power to review decision The 94 DC in 12 Districts. Each district has 1 U.S. Court of Appeals (12 th is Washington D. C. Do not hold trials Panel of at least 3 judges make decision Do not decide guilt or innocence only if the original trial was fair May send it back for a retrial or uphold lower court decision.

Appeals Court Judges 6-28 Each court Longest serving Judge in the Senior Judges Appointed for life

U.S. Supreme Court Highest Court in the U.S. Washington D.C. Mainly an appeals court reviewing cases from the lower court Decision made by 9 Justices can not be appealed. Original Jurisdiction in 3 types of cases.

U.S. Supreme Court Original Jurisdiction 1.Cases involving diplomatic representatives of other countries. 2.Cases between states 3.Case between the states and the federal government

Supreme Court Power of Judicial Review Power allows the U.S. Supreme Court to decide whether a presidential action is constitutional. If they decide it conflicts with the constitution the law is declared unconstitutional. (Latest Obama Care) U.S. Constitution does not give the SC this power.

Questions 6. Which is the lowest court in the federal court system? Give one fact about these courts. 7. How many Courts of Appeals are there in the U.S. Federal Court System and What do they do? 8. Where is the U.S. Supreme Court located? 9.List one type of case in which the U.S. Supreme Court has original jurisdiction. 10.Explain the idea of Judicial review.

Judicial Review cont Established by John Marshall when he was Chief Justice Marbury V. Madison 1803 William Marbury was promised an appointment as justice of the peace by outgoing president John Adams. New President Thomas Jefferson refused the appointment Based on the Judiciary Act of Marbury was to be given the appointment but John Marshall ruled the JA 1789 unconstitutional.

U.S. Supreme Court Hearing Cases More than 7000 cases filed each year SC decide to hear Deal with important constitutional questions 4 of the 9 justices must vote to hear the case. If they refuse to hear the case the lower court decision stands Remand: return to lower court for a new trial

Hearing and Deciding by the U.S. Supreme Court Oral arguments by lawyers for both parties 30 minutes for both sides Justices may ask questions Justices then review case before making a decision. May take months When deciding Justices hold private meeting to vote Simple majority to decide

Supreme Court decision Opinion: The court delivers the opinion in a written statement Opinion binding to all other courts Concurring Opinion: sometimes a justice will agree with the majority but for a different reason in these cases the justice will write a concurring opinion. Dissenting Opinion: When a justice disagree with the decision they may write a DO to explain why. Dissenting Opinions are very important in case a future court hears another case that is connected to the decision in the current one. Example: Plessy v. Ferguson 1896 (Separate but equal) dissent instrumental in Brown v. Board of Ed. 1954

Justice of the Supreme Court Number set by congress. Since 1969 it has been set at 9 Chief Justice: Head Justice Other 8 Associate Justices All appointed by the President and confirmed by the Senate Appointed for life Can be removed only through impeachment. No special requirements to be a S.C. Justice.

Questions 11.How many Justices sit on the Supreme Court of the U.S.? 12.How many have to vote to hear a case on appeal? 13.What happens if the required amount do not vote to hear the case? 14.The decision of the court is called the court ____________. 15.If a justice disagrees with the court opinion he/she may write a ____________ ________

Checking the Power of the Court President Appoints Justices Congress confirms appointments If the SC rules a law unconstitutional the Congress can write a new (better law) Example SC ruled a Income Tax law passed by congress to be Unconstitutional. So in 1913 the 16 th Amendment requiring an income tax became part of the constitution.

Strengthening Rights The supreme court rules to ensure peoples right are not violated. Brown v. Board 1954 Recent decision on California Same Sex marriage. Depending on your perspective you may agree or disagree. Bad decisions: Dred Scott 1854, Plessy v. Ferguson 1896, Who the President is matters because of the SC.

History of the Supreme Court John Jay 1 st Chief Justice appointed by G. Washington John Marshall: CJ (Judicial Review) Thurgood Marshall- 1 st AA SC Justice appointed by President Johnson 1967 Sandra Day O’Connor- 1 st Woman SC Justice appointed by Pres. Reagan 1981

Current U.S. Supreme Court Chief Justice: John Roberts (Bush 2005) Associate Justices: Antonin Scalia (Reagan 1986), Anthony Kennedy (Reagan 1988), Clarence Thomas (Bush 1990), Ruth Bader- Ginsburg (Clinton 1993), Stephen Breyer (Clinton 1994), Samuel Alito (Bush 2006), Sonia Sotomayor (Obama 2009), Elena Kagan (Obama 2010)

Current Supreme Court

Questions 16.Checking the Power of the court. Who appoints U.S. Supreme Court Justices? 17.Who confirms U.S. Supreme Court justices? 18.Who is the current Chief Justice of the U.S. Supreme Court?