The Federal Court System & the Judicial Branch CHAPTER 11 2/17/2019 CHAPTER 8 The Federal Court System & the Judicial Branch Section 1: The Federal Court System Section 2: The US Legal System Section 3: Supreme Court The Federal Court System

Section 1: The Federal Court System Objectives: How is jurisdiction determined in the US court system How is the federal court system structured? How are federal judges selected? What is the judicial branch’s role in the system of checks & balances?

Section 1: The Federal Court System The authority of the lower courts to hear the initial trial—original jurisdiction—of cases involving: the Constitution and federal laws diplomats treaties the U.S. government state governments citizens of other countries or of more than one state

Section 1: The Federal Court System The role of the lower courts: resolving disputes setting precedents interpreting the law

Section 1: The Federal Court System Issues raised by judicial activism and judicial restraint: Federal judges overstep their powers through judicial activism. If federal judges exercise judicial restraint, then the minority views and rights may go unheard and unprotected.

Section 1: The Federal Court System Ways the courts’ power can be checked: appointment process of justices congressional power to pass amendments refusal of states or individuals to obey judicial decisions

Section 1: The Federal Court System Organization of the lower courts: district courts appeals courts special courts

Section 1: The Federal Court System Process by which the lower-court judges are selected: selected by the Department of Justice or White House staffers approved or disapproved by the Senate

Section 2: The US Legal System Objectives: How is the US legal system organized? What are the phases of the trial process? What are some major issues the US legal system faces?

Section 2: The US Legal System Common law: Based on decisions made in times when no law applied based on the principle of negligence originated in England when few written laws existed Statutory law: Passed by the local, state, and national governments Has many purposes: Create or eliminate programs or control government salaries Control crime penalties or set limitations legal activities

Section 2: The US Legal System Administrative Law: Applies to government executive agencies Rules that govern executive procedures Civil law: applies to private disputes punishable by fines Criminal law: applies to actions prohibited by the government punishable by fines or imprisonment

Section 2: The US Legal System Law Enforcement: Police Powers—right & duty to enforce the law Any agency with police powers must enforce the law Police powers only apply to laws passed by the government that created the agency—jurisdiction

Section 2: The US Legal System Steps the accused goes through after arrest: Appearance in court before a judge to determine if bail should be set Preliminary hearing—judge decides if enough evidence exists against the accused to be formally charged Indictment—the accused is formally accused before a grand jury or by an information Arraignment—the accused is formally notified of the charges against him or her and is asked to enter a plea

Section 2: The US Legal System Steps the accused goes through after arrest (cont.): Jury selection— prosecution and defense choose a jury of 6 to 12 people for trial to begin Trial—both sides present evidence and have witnesses testify about the case Verdict—jury decides the guilt/innocence of the accused Indictment—the accused is formally accused before a grand jury or by an information Sentencing—judge sets punishment for the convicted defendant

Section 2: The US Legal System Plea Bargain: A deal made to avoid going to trial by pleading guilty to a less serious charge Might reduce the sentence that he or she might have received if found guilty in trial. Sentencing options in the criminal justice system: Probation Fines Community Service Imprisonment

Section 2: The US Legal System Parole: the early release of convicts from prison determined by a parole board based on the prisoner’s previous record and the facts of the crime he or she committed set based on the time remaining on the sentence

Section 2: The US Legal System The controversy of capital punishment Arguments supporting it: costs less than life imprisonment deters people from committing murderous crimes is a just punishment Arguments opposing it: has a costly appeals process does not deter people from committing murderous crimes may lead to the death of innocent people is cruel and unusual is discriminatory in the way its administered

Section 2: The US Legal System Juvenile Justice System: The offender is taken to a juvenile detention center—bail is usually denied Juvenile court: Judge decides whether to release the offender Many states do not grant juveniles the right to a trial by jury Juveniles found guilty may pay a fine or be sentenced to probation or community service Emphasis is on correction rather than punishment

Section 3: The Supreme Court Objectives: How has the role of the Supreme Court changed over time? How are the Supreme Court justices appointed, and what are their terms of office? How does the Supreme Court operate?

Section 3: The Supreme Court Changes in role of the Supreme Court: powers grew to include judicial review influence over the executive and legislative branches’ ability to pursue specific public policies increased

Section 3: The Supreme Court Appointment process of Supreme Court justices: The president appoints them. The Senate approves or rejects the appointees. Terms of office: Justices can serve for life. Each annual session lasts approximately eight months.

Section 3: The Supreme Court Operation of the Supreme Court: Lawyers file a written brief. Justices hear oral arguments. They have conferences to discuss the case and prepare their opinions. Justices announce their decision.