THE JUDICIAL BRANCH AND LEGAL SYSTEM UNIT V THE JUDICIAL BRANCH AND LEGAL SYSTEM

I. Laws Types The Need For Laws Statutory Law Common Law/Precedent Administrative Law Constitutional Law The Need For Laws Prevent Anarchy Protects Freedoms Protects Safety, Property Represents Majority’s view of right & wrong

II. Function of Judicial Branch Interpret laws Settle Disputes people vs. people people vs. gov’t people vs. business business vs. gov’t To Insure Equality under the Law Punish Lawbreakers http://www.law.cornell.edu/wex/index.php/Equal_protection

III. Structure of Judicial Branch Federal Courts Jurisdiction and Cases Jurisdiction/Types of Cases Disobeying the Constitution Violating a Treaty of the U.S. Breaking a law of Congress Foreign Nation sues the U.S. Gov’t/citizen U.S. Diplomats breaking foreign laws Crimes committed on U.S. ships at sea Crimes committed on Federal Property Disagreement Between States http://home.hiwaay.net/~becraft/FEDJurisdiction.html

Original Jurisdiction/Case Types U.S. District Court U.S. Claims Court U.S. Custom Court Territorial Court Tax Court U.S. Court of International Trade Appellate Jurisdiction/Case Types U.S. Supreme Court U.S. Court of Appeals Court of Military Appeals Circuit Court of Appeals

http://www.nccourts.org/ State Courts Jurisdiction & Cases Original Jurisdiction/Local/Case Types District Court/Trial Superior Court/Trial Traffic, Family, Small Claims, Juvenile Appellate Jurisdiction/Case Types State Supreme Court State Appeals Court http://www.nccourts.org/

IV. Key Gov’t Officials Supreme Court Justices 8 Associate Justices & 1 Chief Justice Appointed by President Approved by Senate Serve for Life Can be Impeached for Wrongdoing

Qualifications Federal Judges Lawyers Judge on lower court Share political belief of President Federal Judges Appointed by President Approved by Senate Appointed for life Can be impeached for wrongdoing http://www.fjc.gov/history/home.nsf http://www.uscourts.gov/faq.html

District Court District Court Judge U.S. Marshal U.S. Magistrate U.S. Attorney

V. U.S. Supreme Court Cases Marbury v. Madison/Judicial Review Gibbons v. Ogden Plessy v. Ferguson Brown v. Board of Education of Topeka Miranda v. Arizona Tinker v. Des Moines Leandro Case 1997 http://www.supremecourtus.gov/

Roe v. Wade Bakke v. California Wallace v. Jaffree Baker v. Carr Mapp v. Ohio New Jersey v. T.L.O. Hazelwood v. Kuhlmeir McCulloch v. Maryland Gideon v. Wainwright

VI. Responsibility & Jurisdiction of Law Enforcement Federal – FBI, ATF, DEA, U.S.Marshals State – SBI, State Troopers , Fish and Wildlife Local – Sheriff, City Police Responsibilities Prevent Crime Protect Life & Property Arrest Violators of Law

Criminal Justice System Protect Rights of Suspects & Witnesses Maintain Peace & Order Traffic Control Criminal Justice System Police, courts, prison

Legal Process Arrest Booking Preliminary Hearing Indictment Arraignment Trial Sentencing Plea Bargaining http://www.northharriscollege.com/Templates/Content.aspx?pid=22660

VII Crimes 1. Crimes against persons A. Murder B. manslaughter C. Aggravated Assault 2. Crimes against Property A. Burglary B. Larceny C. Robbery D. Vandalism E. Arson F. Victimless crimes. Drugs, gambling 3. White Collar Crimes A. Embezzlement B. Fraud

VIII. Punishment Prison max, med, min, parole, probation Fines, Restitution, Capital Punishment House Arrest, Community Service