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 (Iowa) Designed by each state Have authority in their state, but can be appealed to the Supreme Court Federal (US) Court system Constitutional Courts Supreme Court (1) Courts of Appeals (13) District Courts (94) Legislative Courts (specialized) Military Appeals iv. Territorial Courts Claims Court v. Veterans Courts District of Columbia vi. Tax Court

III. Jurisdiction of the Courts All Courts have restrictions about cases they are allowed to hear (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 (roughly 80 cases a year – 1 out of 10 appeals) 8 Associate Justices & 1 Chief Justice = 9 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 privacy (no recording) 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 (judicial review) 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 for crimes (bribery) Organizes federal court system under the Supreme Court Can Amend the Constitution