The Judicial Branch

What is the Judicial Branch? Purpose: The Judicial Branch of government interprets the laws of the state. It makes decisions, or judgments, in courts. The Judicial Branch of government also administers justice.

Becoming a Judge Every court has a judge or group of judges in charge of the proceedings. A person can become a judge in one of three ways: Partisan election: the judge runs as a candidate for a political party. Nonpartisan election: candidates are not associated with political parties (state, county, or local level). Most judges are chosen this way. Appointment: Juvenile judges and some Magistrate judges are appointed (chosen).

Trial Court In trial court people’s actions are measured against the law. Simply put, were their actions against the law or not against the law. Either a jury of citizens or simply a judge determines the guilt or innocence of a person. Superior, State, & Probate Courts have jury trials. Magistrate & Juvenile Courts do not have jury trials.

Appellate Court The 2nd type of court is appellate court. Appellate courts look over judgments made by trial courts. Example: If someone judged by a trial court thinks that a mistake was made in the trial, they may make an appeal. The appeal goes to appellate court, which decides if the trial court has made a mistake or not. There are no juries in appellate court and facts about people’s actions/intentions are not judged. Appellate courts make sure the trial was fair and did not go against Georgia’s Constitution.

Jurisdiction Each court has its own jurisdiction. Jurisdiction includes the geographical area a court controls as well as the kinds of cases it can judge. Example: the jurisdiction of Georgia’s Supreme Court is the entire state and cases involving the death penalty. The jurisdiction of each magistrate court, however, is limited to its county and minor instances of breaking the law.

Civil & Criminal Cases (Trial Court) Civil Case A person or group of people says that another person or group of people has somehow done them wrong. The person complaining about being wronged is the plaintiff. The person being accused is the defendant. The plaintiff must convince a judge or jury that there accusations have real basis. Most civil cases are resolved out of court & people found guilty in civil cases never go to jail. Criminal Case The government (state, local, or national) claims that a person has committed a crime (broken the law). The government is the prosecutor & the accused is the defendant. Punishment can be either jail time or fines. Punishments less than a year in jail are called misdemeanors & more than one year punishments are called felonies.

Civil Case Civil Case A person or group of people says that another person or group of people has somehow done them wrong. The person complaining about being wronged is the plaintiff. The person being accused is the defendant. The plaintiff must convince a judge or jury that there accusations have real basis. Most civil cases are resolved out of court & people found guilty in civil cases never go to jail.

Criminal Cases Criminal Case The government (state, local, or national) claims that a person has committed a crime (broken the law). The government is the prosecutor & the accused is the defendant. Punishment can be either jail time or fines. Punishments less than a year in jail are called misdemeanors & more than one year punishments are called felonies. Felonies are always heard by a Superior Court.

Court Systems Appellate Court- Made up of Supreme Court & Court of Appeals. Trials determined by judges. Trial courts- made up of Superior Courts, State Courts, Probate Courts, Magistrate Courts, Juvenile Courts. Trials determined by a judge or jury.

Famous Supreme Court Cases that started in Georgia Worcester v. Georgia (1832) Rome v. United States (1980) Heart of Atlanta Motel Inc. v. United States (1964) Gregg v. Georgia (1972)