American Government Spring 2016 Judicial Branch Notes American Government Spring 2016

Role of the Judicial Branch The Judicial Branch Exists to Interpret Laws They are the final say on the legality of laws passed by Federal and State Governments

The Highest Court in the Land Supreme Court Chooses what cases it WANTS to hear 9 Justices Serve for LIFE, or until they want to retire Appointed by the President and approved by Senate President appoints all Federal Judges, to include Supreme court Justices

The Courts of Appeals Appellate Court Jurisdiction REVIEW DECISIONS made by lower courts Appellate Court Jurisdiction The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts. Original Jurisdiction Hearing the case first Appellate Court Judges Altogether, 179 circuit judges sit in the 12 appeals courts. A Supreme Court justice is also assigned to each of the circuits. If a party in a trial feels they are treated unfairly they can appeal the case to the Appellate Court

Jurisdiction Original Jurisdiction The Authority of a court to hear a case first Appellate Court Jurisdiction The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.

Judicial Principles Due Process Forces Government to respect individual citizen rights Holds the Government accountable to the Law of the Land (The Constitution) Guides Courtroom Proceedings

Judicial Principles Precedent Establishing a principle or rule that a court may utilize when deciding subsequent cases with similar issues Binding Precedent Decisions that must be upheld Made by Higher Courts Persuasive Precedent Decisions that are NOT required to be upheld Made by lower courts, or courts outside the direct chain of command

Judicial Principles Judicial Review Judicial Restraint Allows courts to declare Acts and cases unconstitutional Separation of Powers in principle Judicial Restraint Stare Decisis-To stand by decisions and not disturb the undisturbed Judicial Activism Judges allow their personal views about public policy, to guide their decisions

Rights of the Accused Right to a Fair Trial Right to a Speedy Trial Right to a Jury Right to Counsel Presumption of Innocence Prevention of Self Incrimination Double Jeopardy (Cannot be charged with same crime twice)

Inferior Courts Must be Created BY CONGRESS A court of limited jurisdiction District Courts Appellate Courts Any court other than the Supreme Court Idaho Supreme Court Idaho Circuit Courts

Federal vs State Crimes Supremacy Clause (Article VI, Clause 2) Interstate Commerce Clause (Article I, Section 8, Clause 3) Case must be nationally significant Case must cross state lines State First consider Federal Law Some laws are duplicates States regulate everything not regulated by the Federal Government

Scenario What about this? Joe gets drunk in San Francisco, drives to Las Vegas, stops to make an obscene gesture to a Federal Senator, and then he is arrested, still under the influence. Who gets Joe, the Feds or Las Vegas Police?

Answer: The locals. His driving across the state line drunk has no national significance to the Feds. He did not threaten the Senator, and has a right to free speech, so his only offense is local drunk driving.

Civil vs Criminal Criminal Type of law that covers actions forbidden by a society’s government Punishable by imprisonment Read as: Government (US, Idaho, Ada County) vs Defendant (aka your last name) EX: U.S. vs Hitchcock (Prosecution vs Defendant)

Civil vs Criminal Civil Private party (a corporation or individual person) Files the lawsuit and becomes the plaintiff EX: Smith vs Hitchcock (Plaintiff vs Defendant) Defendant: Can be in either civil or criminal but always has the case brought against them

Citizen Participation Jury Duty-Citizen Participation in our Judicial Process Actually, most people have had good experiences on Jury Duty For more information: http://www.idd.uscourts.gov/jury_faqs.htm

Citizen Participation Testifying As a Witness Required if officially summoned Can be arrested if you do not show