A2: The Judicial Branch Basics Notes

I. Types of Law Civil Criminal Constitutional These are laws that governs relations between individuals & defines legal rights Has a Plaintiff and Defendant (think "Judge Judy") Usually "damages" are sought as penalty ($) Criminal The Government is the plaintiff and people arrested are the defendants Mostly tried in state courts (~98%) Fine, prison time, or death penalty are consequences Constitutional Types of law used when deciding whether a law or action is allowed based on the Constitution Sets limits on government's power & individual's rights

II. Structure of the Courts State Courts Designed by each state Have authority in their state, but can be appealed to the Supreme Court Federal Court system Constitutional Courts District Courts/international trade Courts of Appeals Legislative Courts (specialized) Military Appeals Claims Court District of Columbia Territorial Courts Veterans Appeals Tax Court Supreme Court

III. Jurisdiction of the Courts All Courts have restrictions about cases its allowed to hear (its jurisdiction) Exclusive jurisdiction (Original Jurisdiction in federal courts) Foreign relations Federal Law State to state Constitution Bankruptcy Concurrent jurisdiction (Original Jurisdiction in State or Federal) Some crimes $50,000 claims or more Dual sovereignty (tried under state & federal law) Appellate Jurisdiction (Where cases go after appealed)

IV. The Supreme Court "The Court of Last Resort" Ultimate authority for constitutionality of actions or laws Original Jurisdiction: International or Interstate Cases Very few cases get to to Supreme Court 8 Justices & 1 Chief Justice = 9 Judges Decide on which cases to hear based on appeals Schedule a time (9 month session) for oral arguments (~30 mins. each side) Debate together in complete private Issue ruling with written opinions, which explain decision & guide lawmakers Majority Opinion -winning opinion Concurrent Opinion- winning side, but for different opinion Dissenting Opinion -why someone chose against the majority (almost always one of these.... rarely a unanimous decision)

V. Checks & Balances Judicial Checks other Branches by: Declaring Laws or Executive Actions unconstitutional Deciding on elections if needed. Executive Checks Judicial by: Nominating Justices Actually enforces decisions (no way for Court to enforce its own decisions) Legislative Checks Judicial by: Senate confirms Presidential nomination Can impeach Justices Organizes federal court system (but not the Supreme Court) Can Amend the Constitution