Robert Humphreys US Government The Judicial Branch Robert Humphreys US Government

What’s the BIG deal? The Judicial Branch oversees the other branches, and ultimately has the final say in what determines what’s constitutional and what isn’t. The job of the Judicial Branch is to give meaning and interpretation of the laws created by Congress; the Supreme Court (supreme law of the land) can ultimately determine a law unconstitutional and “throw it out”. Resolve conflicts peacefully, abiding by the law, and in a matter that most parties will agree with as being “fair”.

Judiciary Act 1789: Establishes a federal judicial system made up of district and circuit courts and specified the kinds of cases the courts could try. Laid out the qualifications and responsibilities of federal judges, district attorneys, and other judicial officials.

Criminal Law: designed to protect the welfare of society and provide punishments for those who fail to comply. “Beyond a reasonable doubt” Government always prosecutes against criminal cases. Guilty verdicts usually results in fines, prison terms, probation, and similar penalties.

Civil Law: revolves around conflicts between private parties. Disputes over property Injuries suffered in accident Concerns about the terms of a contract Usually involves suing the other party for damages, or compensation of some monetary sort. Preponderance of evidence: party must prove that it is more likely than not that the other party is at fault and therefore should be held liable.

The Players in Court Defendant: person accused of the crime Prosecution: lawyer bringing evidence against the defendant. Plaintiff: the person bring the lawsuit to court in a civil case. Court Clerk, Recorder/Reporter, Bailiff: not involved in the case itself but maintain order and function in the courtroom.

Witnesses: individuals who contain information as for who did what, when, and where when a case it presented; testify by answering and responding to questions from lawyers. Jury: individuals who “hear” a case presented, and using the information obtained from the case, determine whether or not the defense is guilty or not. 18 years of age, U.S. citizen, English competent, and not a convicted felon. Being summoned for jury duty doesn’t guarantee being called for a trial.

Dual Court System The Judiciary Act of 1789, established a dual court system. These two systems operate independent of each other, however they sometimes overlap. The way to sort out what court gets what cases, is determined by the courts jurisdiction or the ability to enforce laws. State courts have jurisdiction over cases involving state laws, whereas federal courts have jurisdiction over federal laws or the Constitution.

State Trial Courts have both limited and general jurisdictions. Limited Jurisdiction: specialize in a certain kind of case. (ie. Traffic courts dealing with traffic violations, bankruptcy courts, dealing with bankruptcy) General Jurisdiction applies to courts that can hear cases covering a variety of issues.

The Federal Judiciary The Constitution grants the Judicial Branch the ability to hear cases involving the Constitution, federal laws, and disputes with foreign countries. Also cases involving a plaintiff and defendant are “states”, or are citizens of different states. Process of Judicial Review emerged out of Marbury V. Madison.

Special Courts Special courts have specialized jurisdictions, revolving around specific categories. U.S. Court of Appeals for Veterans Claims U.S. Court of International Trade U.S. Tax Court Military Court

Earning a Federal Judgeship Constitution grants the president the ability to appoint federal judges with the “Advice and Consent of the Senate”. President nominates, Senate approves or denies. Judges are expected to serve at the bench for life, unless they die or retire. Very rare do judges retire. Special Court judges do not serve for life however. Only way to remove a judge from his post is through impeachment.

The Supreme Court Regarded as the last resort in the federal judicial system. Holds the ability to select it’s cases through a process known as writ of certiorari in which a document is issued by the Supreme Court, requesting that a case from a lower court be brought before it. 4 of the 9 judges on the Supreme Court must agree to hear the case, if a writ is granted the case is added to the docket, if not the decision from the lower court stands.

Supreme Court decides whether to uphold or overturn a decision made by a lower court. If overturned, the case may be sent back to the lower courts for further action.