THE JUDICIARY What does it mean to interpret a law?

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Presentation transcript:

THE JUDICIARY What does it mean to interpret a law?

So what happened over break?

Billy Bob gets caught cheating As Billy Bob was turning in his Chapter 25 exam in his American history class, Mr. Baldwin noticed notes written in the palm of Billy’s hand. When confronted, Billy admits that he had planned to cheat on the exam by using notes, but didn’t need them, and answered all the questions on his own merits. Mr. Baldwin gives Bill a zero for the exam because of the cheating. Billy appeals the case to the administration claiming that no cheating actually occurred. BHS Handbook

Is California’s Proposition 8 a violation of the 14th Amendment? In 2008, voters in California approved the addition of Proposition 8 to the state’s constitution by a 52-48% majority. Proposition 8: Added the clause "only marriage between a man and a woman is valid or recognized in California” to the state Constitution. The 14th Amendment states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In 2013, the U.S. Supreme Court ruled that Prop. 8 was procedurally unconstitutional.

Federal Court Jurisdiction Jurisdiction is defined as the authority of a court to hear (to try and to decide) a case. Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: 1. the subject matter (i.e. Constitutional issue, Congressional law, treaty or crime on a “high sea”) or 2. the parties involved in the case (i.e. Fed. government, state, citizens of different states, foreign nation or foreign citizen).

Federal or State cases? A man files suit against the Bloomington police department for violating his 4th Amendment rights when searching his house. A women is arrested in Normal, IL for robbing a convenience store in Indianapolis, IN. A man commits murders in Illinois and Indiana before being arrested for robbing a bank in Ohio. The ambassador from Iran is arrested for public drunkenness in New York City. A woman from Iowa files a suit against a mail order company in Illinois. A woman from Florida is arrested for mailing marijuana to her cousin in Chicago. A teenager from Bloomington is arrested for blowing up a mailbox. A gun shop owner in Normal is arrested for selling handguns to his customers without requiring they wait the federally mandated five days for a background check to be done. A mailman in Bloomington is arrested for reckless driving that led to an accident that killed a pedestrian. A retired U.S. Army captain files suit against the Veteran Affairs Department for unpaid benefits.

Types of Jurisdiction Exclusive and Concurrent Jurisdiction Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. Original and Appellate Jurisdiction A court in which a case is first heard is said to have original jurisdiction over that case. A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. The Supreme Court exercises both original and appellate jurisdiction.