Judicial Branch Chapter 10

Journal Entry What qualities do you think should be required to serve as a judge? Consider education, experience, and personal qualities Warm Up Section

What Courts Do Solve legal conflicts in criminal & civil cases Plaintiff brings complaint case to court Defendant: other party against whom a case is made Criminal Cases Prosecution: brings case to court (“The People”) Precedent: court decision that may be used to decide future cases

State & Federal Courts Most cases begin in lower, state court 3 levels w/in state courts Trial court Appeals court Court of final appeals Original Jurisdiction: first court case is heard, typically in trial court Appeal: is made when plaintiff or defendant feels case verdict is unfair

State & Federal Courts (cont) Appellate Jurisdiction: When appeals court hears case & reviews legal issues from 1st case Can agree, disagree, overturn, or order another trial Constitution prevents double jeopardy Federal Supreme Court hears cases appealed from state courts. They interpret the Constitution, makes sure rights are protected

(General Trial Courts) NC Supreme Court NC Court of Appeals (Intermediate Appellate Court) Superior Courts (General Trial Courts) Lower Courts

Organization of the Federal Courts& The Supreme Court

Warm-Up Use page 277 Analyze political cartoon featured on page Write and answer questions: 1. Describe what is happening in the scene 2. What is the job of the man in blue? 3. What point is the artist making?

District Courts Only trial court Plaintiff: US Government Defendant: Accused 1 Judge Jury Has original jurisdiction District Court= most of judicial work first to hear case Est. 1789

US Court of Appeals If unhappy with ruling from District Court…. The next highest level of the federal court system 12 appellate courts Court of Appeals = Circuit Court No jury, no witnesses, doesn't look at evidence Lawyers present to 3 judges & they decide Appellate jurisdiction

Supreme Court Highest court in federal system Final appeals court for state and federal Has original jurisdiction in cases involving foreign gov’t or between states Several courts at federal level: Court of Claims, Customs, Patent Appeals, Tax Court,

Type of Federal Court Cases Constitutional Questions Crime committed on federal property Violation of federal laws Disputes between states Disputes involving foreign governments Hey, this is important!

Federal Court Judges Nonpartisan chosen by President http://www.voanews.com/media/video/1524364.html Federal Court Judges Nonpartisan chosen by President approved by Senate serve life terms only removed through impeachment/retirement/death 9 Supreme Court justices currently (8 + chief) http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States

Work of Supreme Court Chooses which cases to hear, usually Constitutional issues Each side presents arguments, gives written briefs to judges, & discuss case Chief Justice summarizes case & each justice comments and offers opinion Justices vote and majority decides verdict of case

Judicial Review The power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional Judicial Review: most important power; allows court to say whether a law is allowed by Constitution Important check of other 2 branches of govt Supreme Court=final say in Constitutional cases; sets lasting precedent

Marbury vs. Madison 1803 Marbury vs. Madison: Marbury sues Sec. of State over gov’t job, went straight to Supreme Court, Judiciary Act of 1789=unconstitutional Est. Judicial Review Est. Supreme Court as interpreter of Constitution 1st time Supreme Court said act of Congress was unconstitutional

Brown vs. Board of Ed 1954 Supreme Court declared a state law unconstitutional Racial segregation in public schools violated the Constitution Violated the 14th amendment: “All citizens have equal protection under the law”

Bush vs. Gore 2000 Supreme Court decided outcome of presidential election Manual recount of presidential votes in Florida would stop Recount was unconstitutional: it could not be completed by the deadline

Criminal Cases & Procedures

Principles of Judicial Branch Due process rights 5th amendment Protection against unfair govt Trial by Jury 6th amendment Right to speedy, public trial by jury Rights of Accused 5th, 6th amendments Be informed of charges, cross examine witnesses Right to attorney Equal protection under law 14th amendment All men are equal under law

Criminal Cases & Procedures

Criminal Cases Court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or a felony, a more serious crime punishable by more than a year in prison

Arraignment Trial Sentencing Arrest Jail or Bail Preliminary Hearing Arraignment Trial Sentencing Procedures in criminal case

Arrest Police can place someone under arrest if: There is probable cause- reason to believe someone is guilty of a crime. The police officer witnesses a crime. An arrest warrant is issued. Miranda rights must be read: right to remain silent, to have an attorney

Jail or Bail The accused may be committed to jail or released on bail. Bail- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial

Arraignment First Meeting in front of a judge Bail is set Attorney is appointed by the court if requested Preliminary Trial date is set

Preliminary Hearing Guilty or not guilty plea is entered Judge reviews probable cause (is there enough evidence to proceed to trial?) Trial date is set

Trial (district court) Prosecution- Government Attorney Defense- Accused and Attorney Jury is chosen Opening Statements Witness Testimony and Cross-Examination Closing Arguments Jury Deliberation- must find the accused guilty beyond a reasonable doubt. Verdict

Sentencing If a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.

Appeal The convicted may appeal the case to a higher court if his/hers rights were violated or if there was an error in the court procedures.

Civil Cases

Civil Cases The court settles a disagreement between two parties; often over money or harm to someone’s reputation

Plaintiff Person who feels that they have been wronged Initiates (begins) law suit Files complaint to recover damages or receive money Describes plaintiff’s injury, asks court to order relief

Defendant Served copy of complaint Defends themselves against complaint Has to be proven guilty by a preponderance (majority) of the evidence

Settlement Jury Judge Judge explains law that is relevant in case Determine if defendant is responsible for damages or compensation Judge Bench trial Determines if defendant is responsible Determines amount of damages or compensation

Decision Court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to the Supreme Court

Juvenile Crime Juvenile = under 18 Juvenile Delinquent: Juvenile who commits an act that would be a crime if they were an adult