Government Notes The Judicial Branch

I. Two systems of courts A. Jurisdiction: the power of the court to interpret and administer the law B. Federal courts (power from the Constitution and federal laws) The Supreme Court is the highest federal court Made up of 9 justices who serve for life All decisions are based on the Constitution of the U.S.

2. Jurisdiction of cases that involve: a. United States laws b. Treaties with foreign nations c. Interpretation of the Constitution d. Laws of the sea e. Bankruptcy

C. State courts (power from state constitutions and laws) 1. Jurisdiction of cases that involve: a. Interprets and applies state laws b. Resolve conflicts citizens have against each other c. Punish crimes that violate state laws

2. State courts are generally one of three types: a. Minor Courts: hear small civil cases, juvenile cases, domestic cases, traffic cases, and property inheritance cases b. General Trial Courts: may hear any type of case, murder, arson, robbery, etc. are heard in these courts c. Appeals Courts: review cases that a lower court has already decided

3. The highest state court is usually called the supreme court but in some states it is called the court of appeals a. State supreme court is the court of final appeal b. Interprets the state’s constitution and laws c. Some states have additional courts between general and appeals courts called appellate courts to save the supreme court from having to hear all the appeals

II. Civil law or Criminal law Civil law: the body of law that governs relationships between individuals and that defines people’s legal rights Civil cases: a dispute between two or more people or organizations Generally heard by a judge but can have a jury Plaintiff vs. defendant

B. Criminal law: the body of law that regulates the conduct of individuals as members of the state 1. Criminal cases: state charges a person with violating a law 2. Prosecution vs. defendant a. The state is ALWAYS the prosecution C. Court Types: Minor Court, General Trial Court, Appeals Court, Federal Court

III. Steps leading up to a Trial Criminal Case arrested [read Miranda Rights]/booked appears before a judge within 24 hours (this is when bail is set) preliminary hearing (decision is made as to whether or not there is enough evidence to go to trial) indictment (or grand jury): formal accusation is brought against the defendant arraignment (time when the plea is entered) jury selection

IV. Trial Structured process The Jury renders the verdict 1. If guilty, the judge will decide the sentence (can be jury in some cases). The sentence is the punishment given by the court (judge).

Terms precedent: the legal principle of a court’s ruling in a case serving as a model for future decisions in similar cases due process: a constitutional protection that prevents the government from depriving individuals of their rights and freedoms without following established legal procedures

Terms search warrant: a written authorization issued by a judge to allow law enforcement to search a person’s property for specified items and to seize those items if found sentence: punishment given by a judge for a crime

Terms writ of certiorari: a formal order from an appeals court that requires a lower court to provide the record of a case for review writ of habeas corpus: a judicial order directing law enforcement authorities to bring any prisoner before a court official and cite the reason for his or her imprisonment, to determine if that person is being held unlawfully