Unit IV: The Judicial Branch The Third Branch of Government

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

Dual Court System 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 Federal Courts Cont. 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 Supreme District Court Appeals

US Federal Courts Cont. 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 Court System 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)

MN Court System Selection Process more Democratic Elected positions Can be appointed by governor 6 year term Non partisan

Making Judgments: What is Your Ruling? In your opinion, should judges be elected, as they are at the state level, or appointed, as they are at the federal level? Explain.

Checks and Balances

Checks and Balances

Criminal v. Civil Law Criminal Civil 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

Burden of Proof 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

Role of the Jury

Does a Jury Ensure Justice?

The Impact of the Media

The Supreme Court “The court of last resort” 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

Supreme Court 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

The Current Supreme Court

Supreme Court Steps in a Case More on Opinions 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 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

JUDICIAL REVIEW 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

Reasons for Court Decisions 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 1890-1950 social conditions changed Legal Views Strict v. loose interpretation (construction) or judicial activism v. judicial restraint Judicial Review

Who should be the Judge?

Judicial Temperament 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

LANDMARK CASES PLESSY VS. FERGUSON BROWN VS. BOARD OF ED MIRANDA VS. ARIZONA KOREMATSU VS. UNITED STATES ROE v. WADE GIDEON VS WAINWRIGHT MARBURY VS MADISON

BROWN VS BOARD OF ED Overturns Plessy VS Ferguson “Separate is inherently NOT equal” Helps spark Civil Rights movement

MIRANDA VS. ARIZONA Miranda Rights “You have the right to remain silent….”

KOREMATSU V US World War II Japanese Internment Camps Executive Order #9066 Gave President the right to imprison thousands of Japanese Americans

ROE VS. WADE Controversial Says states can not ban abortion in the first three months of pregnancy South Dakota?

GIDEON VS. WAINWRIGHT 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 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

Court Packing or Intimidation?

Who has the advantage?

Election 2012?

Does the author of cartoon approve of court decision?

Power of Appointment

Court and the Constitution

How many Law Schools are there?

caption?--A jury of One’s Peers or Impartial jury

Burning the evidence

Lady Liberty