The Judicial Branch and The Law Day 4 Civics EOC Review The Judicial Branch and The Law Day 4

What is jurisdiction?

Jurisdiction is a court’s authority to hear and decide cases. Federal courts have jurisdiction over: Cases dealing with the Constitution (constitutional law) Suits involving the federal government Violations of federal law.

What are the 3 levels of Federal Courts?

The 3 levels are: District Courts U.S. Courts of Appeals Supreme Court

US Appeals courts have what type of jurisdiction? Appellate jurisdiction District courts have what type of jurisdiction? Original jurisdiction

The US Courts of Appeals hears what types of cases?

They review decisions made in lower courts.

Who selects federal judges? The president, with the approval of the Senate For how long do they serve? For life

How Many Supreme Court Justices? 9 8 Associate and 1 Chief Justice Who selects these justices? The president with consent of Senate

Marbury v. Madison. Why is it important? It established the Supreme Court’s power of judicial review or the power to say whether any law or government action is unconstitutional.

Where do we get some early ideas of law from? Code of Hammurabi Roman Law Common Law Law based on precedent or court decisions What is the function of law? To keep peace

Types of Law CIVIL LAW- CRIMINAL LAW- involves disputes between people or groups of people. CRIMINAL LAW- Law that seeks to prevent people from harming one another or their property

WHAT ARE MISDEMEANORS? WHAT ARE FELONIES? Less serious crimes with less serious consequences. WHAT ARE FELONIES? Serious crimes

LEGAL PROTECTIONS IN THE US: Write of habeas corpus Bills of attainder Ex post facto law

RIGHTS OF THE ACCUSSED: 4th Amendment 5th Amendment 6th Amendment 8th Amendment Miranda Warning- Miranda v. Arizona

CIVIL CASES: Include a plaintiff The person bringing the lawsuit And includes of defendant- the party being sued.

CRIMINAL CASES- Procedures Arrest Preliminary hearing Indictment- formally charge with crime Arraignment- “pleadings” Plea bargain Trial Acquittal (set free) or Sentencing (guilty)

What is a hung jury?

A jury that can not agree on a verdict, even after days of discussion and many votes.

What is a juvenile?

Someone not yet legally an adult

Who are juvenile delinquents? Young people that commit crimes.

Important Court Cases

McCulloch v. Maryland: 1819; ruled that in a conflict between national and state power, the national government is supreme. Hazlewood v. Kuhkneier: 1988; school administrators can edit student publications if doing so educationally.

Brown v. Board of Education 1954; began integration of public schools. Plessy v. Ferguson 1896; began “separate but equal” facilities.

-interpreted the 6th Amend. Mapp v. Ohio 1914; declared that evidence obtained without proper police searches is unconstitutional in state criminal cases. Gideon v. Wainwright 1963; guarantted an attorney for all, even if you could not afford one. -interpreted the 6th Amend.

Tinker v. Des Moines - Guaranteed students rights to freedom of expression in public schools. Baake v. Regents of the University of California Affirmative action; got rid of quota systems in college admissions

Korematsu v. United States ruling that the exclusion order leading to Japanese American Internment was constitutional