Bellringer Executive Branch Review Which of the 7 roles of President do you feel to be the most important? Use an example or evidence from your notes/background knowledge to support your answer. 7 Roles: Chief Executive, Chief Diplomat, Head of State, Commander in Chief, Chief Legislator, Chief Economist, or Party Leader. Use notes or pages 234-236 in your textbook for reference.

The Judicial Branch SS. 7. C. 3 The Judicial Branch SS.7.C.3.8: Analyze the structure, functions, and processes of the legislative, executive, and judicial branches.

Article III The Constitution only establishes ONE court – the Supreme Court. Gives Congress the expressed power to set up lower federal courts. The role of the judicial branch is to resolve disputes, interpret the law, and apply laws to specific cases. Article III:

Another one of the main jobs of the courts is to interpret the laws Another one of the main jobs of the courts is to interpret the laws. This means to explain the law using the constitution as a rule book

DUAL COURT SYSTEM Supreme Court in Washington D.C. Federal Court System: Deals with disputes about laws that apply to the entire U.S.

DUAL COURT SYSTEM Supreme Court in Tallahassee State Court System: Deals with disputes about state laws. Each state has its own court system created by the state constitution. Which court depends on the laws involved in the case.

Federal Court Jurisdiction Original/Exclusive Jurisdiction (authority): The power to hear a case FIRST. The U.S. Constitution & Federal Law (such as kidnapping, tax evasion, & counterfeiting) Disputes between states OR between citizens of different states. Admiralty & Maritime Laws (crimes, accidents, & property at sea) Cases involving the U.S. government. Cases involving foreign governments & U.S. diplomats.

Concurrent Jurisdiction: Types of Jurisdiction Concurrent Jurisdiction: Either state or federal courts can hear a case if it involves a law being broken at both the state and federal level.

Vocabulary: Jurisdiction: the power to “hear” a court case Original Jurisdiction: the power to “hear” a case first

Lower Level Courts District Courts (Trial Courts) Lowest level of federal court system. Has original jurisdiction over most federal court cases. 94 District Courts (Every state has at least 1) As trial courts, they hear both criminal & civil cases. Only federal court in which witnesses testify & juries hear cases & reach verdicts.

Lower Level Courts Circuit Courts (Appeals or Appellate Courts) Courts between district (lowest) & Supreme (highest). Has appellate jurisdiction (authority to review fairness of a case appealed from a lower court). 13 Circuit Courts A panel of 3 or more judges make a ruling to… Uphold the result of the previous trial. Reverse the result of the previous trial. Remand the case (send case back to be tried again). Refer to page 262 for areas. Panel of judges do not decide who is guilty or wins.

Vocabulary: Jurisdiction: the power to “hear” a court case Original Jurisdiction: the power to “hear” a case first

Supreme Court The Supreme Court has original jurisdiction over only 2 types of cases… Disputes between 2 or more states. Cases involving diplomats from foreign countries. All other cases brought before the Supreme Court have been appealed from lower courts. The Justices choose which cases they want to hear. When they refuse to hear a case, the decision of the lower court stands.

Supreme Court Most important power of Supreme Court is Judicial Review. Can review any federal, state, or local law or action to determine whether it is constitutional (falls in line with U.S. Constitution) or unconstitutional (goes against U.S. Constitution). Anything that is ruled unconstitutional is nullified (cancelled). Judicial Review is the MOST IMPORTANT check on the legislative & executive branches.

Example: Brown v. Board of Education 1954

Example: Brown v. Board of Education 1954

Federal Judges Article II (2) says that the President appoints all federal judges. Must be approved by Senate. Federal judges serve for life – vacancies only arise when a judge resigns, retires, dies, or is impeached. Supreme Court judges are referred to as Justices.

Supreme Court Supreme Court made up of 9 Justices. Justices The Chief Justice is the leader. U.S. Constitution names no required qualifications for Supreme Court justices. However, most have had legal training. Justices

Supreme Court Procedures Deciding on the Case Justices discuss their views. Justices vote Presenting to the Court Lawyers write a brief and present argument. Justices ask questions. Cases come on appeal from a lower court by request for a writ of certiorari Involve a key constitutional question 4 of 9 Justices must agree Over 10000 cases are brought to the SC each year. Only 75-80 are heard. Lawyers only have 30 minutes to present arguments.

Supreme Court Decisions One justice writes a majority opinion. States facts, gives the ruling & explains reasoning behind decision (usually involving precedence). Justices opposing the majority write a dissenting opinion. When all justices agree, they write a unanimous opinion.

Review: Our nation’s court system is known as what branch? The Judicial Branch

Review: What is the main job that the judicial branch has? To interpret the law

Nothing – there was no judicial branch Review: What was the name the judicial branch under the Articles of Confederation? Nothing – there was no judicial branch

Review: What are the two types of trials? Criminal & Civil

Review: What is the name of the group who decides the outcome of a trial? Jury

Review: What was the only court created by the Constitution? The Supreme Court

Review: America has a “dual court” system. What does that mean? We have a federal (national) court system and state courts

Review: How many levels are there in the federal & state courts? Three

Review: When someone loses @ trial and wants another chance they file an _______? Appeal

Review: The power to hear a court case is known as? Jurisdiction

Review: The power to declare laws “unconstitutional” is known as? Judicial Review