The Court System Chapter 5
Purpose of Judicial Branch Interpret Laws Passed by Congress Assure Laws That are Passed are Constitutional Established under Article III of Constitution Congress given Authority to Establish all “Inferior” Federal Courts
Adversarial vs Inquistional U.S. has a Adversarial legal system Contest between opposing sides Jury determines facts Europe uses the inquisitional system Judges serve as the jury
Organization of Federal Courts Benton East St. Louis (General Trial Courts)
Federal Court Structure
CQ11-02.1
Organization of State Courts Illinois Supreme Court Appellate Courts (Mt. Vernon) Circuit Courts (Trial Courts)
Jury Selections Screening Process Voir Dire Removal for Cause Screen for impartiality Removal for Cause If attorney feels juror has some prejudice Peremptory Challenges
What is “Judicial Review?” Used to determine Constitutionality of all Laws! Marbury vs Madison Jurisdiction Legal Authority of the Court
Qualifications for Federal Judges There are None! Selection Term Salary Support Personnel
U.S. Supreme Court “Highest Court of the Land” Jurisdiction Original Appellate 9 Justices (Select a Chief Justice) Terms/Salaries/ Qualifications
Information About the Supreme Court 9 Supreme Court Justices – life term 8,000 cases are referred to the court, hear about 80 a year Must have a writ of certiori for the court to consider case (99% denied!) 1st Monday in October – end of June Most cases come from Federal courts
Supreme Court (cont.) After a case is heard, court makes a decision – 3 options: 1. Majority Opinion 2. Dissenting Opinion 3. Concurring Opinion Final decision results in a Precedent, which all other lower courts must follow! Homework-problem 5.4 (pg. 58) Gideon vs Wainwright