Unit 4 The Judicial Branch
What does the Judicial Branch do? Interpret the Constitution, decide how it applies to modern law
Sources of American Law Common Law: customs & court decisions from US and England US Constitution: supreme law of the land Statutory law—based on laws passed by Congress and State Legislatures
Terms to Know: Civil Law: laws between individuals, object is to receive compensation for harms suffered by another’s wrongful action Criminal Law: deals with wrongs committed against society, gov. seeks to impose penalty ($ or imprisonment) against lawbreaker Jurisdiction: “to speak the law” or a court’s authority to decide a case
Judicial Power Only in the United States do judges play so large a role in policy-making. Judicial review: right of federal courts to rule on the constitutionality of laws and executive acts. JR is the chief judicial weapon in system of checks and balances
US Court System US SUPREME COURT US Armed Service Court 12 US Court of Appeals State Supreme Courts State Trial Courts US District Courts (94)
94 District Courts, 12 Courts of Appeal
STARTER: In your opinion, does prison overcrowding violate the 8th Amendment’s protections against cruel and unusual punishment? Explain.
The Supreme Court
Supreme Court Basics 9 Justices, serving for life Decide cases that are appealed to Supreme Court Only choose to hear 60-100 cases a year out of 10,000 cases appealed to court
Court Procedures Writ of Cert: means Supreme Court will hear a case, decided when 4 of 9 justices agree that the case presents a new legal question Once cert is granted lawyers submit briefs (long written arguments) oral arguments before Court: Each side has ½ hour, but justices can interrupt with questions
In Conference: Chief Justice Speaks first, votes last Opinion writer assigned by CJ or ranking member of majority 3 kinds of opinion: 1. Opinion of Court (winner’s view) 2. Concurring opinion (other view from winner) 3. Dissenting Opinion (loser’s view)
Influences? Original intent of framers Precedent—previous cases (case law) State law law journals public opinion
School Drug Testing Does the school have the legal right to randomly test high school students for illegal drugs?
Safety/Order vs. Freedom ORDER AND SAFETY FREEDOM
GANG AFFILIATED? WORDS
FREE SPEECH?
3. Civil Liberties (your protections from government)
Limits on Free Speech Say what you want except…. Clear and Present Danger to our nation or society (fire!, spying, etc.) Libel/Slander: defamation (degrading) of another’s character Obscenity: what’s obscene? against community standards, appeals to prurient interest, no social value) Symbolic speech is ok (flag burning) but not all symbolic acts (like murder)
Free Speech at School OK NOT OK Courts have ruled that: Students have less rights at school than out School acts like a parent Students have more freedom of speech out of class than in it Political/Religious speech most protected OK NOT OK
Religion Two parts of the first amendment: Free-exercise clause: no law prohibiting free exercise of religion Establishment clause: no law establishing an official religion Gov’t can get involved with limited religious activities if secular (non religious) purpose neither advances nor inhibits religion doesn’t foster gov’t entanglement with religions
Religious Issues OK NOT OK Santas at schools Symbols from multiple religions Church meetings at gov’t buildings Nativity scenes Money to private schools Teacher led prayer
Criminal Rights Exclusionary Rule: evidence gathered in violation is Const. cannot be used in trial Search warrants: order from judge w/ probable cause Miranda Rule: arrested people must be made aware of their rights Very controversial---pits those for civil liberties vs. those for strong justice
Learn from me kids….know the law!e, A captured terrorist, and possessor of the world’s worse case of bed head, back hair and largest t-shirt collar says: Learn from me kids….know the law!e,