The Judicial Branch … Interprets the laws!

Courts Apply laws to specific situations Apply laws to specific situations

Two Kinds of Disputes Criminal Criminal Person accused of breaking the law Person accused of breaking the law Court decides innocent/guilty and punishment Court decides innocent/guilty and punishment Civil Civil Settle disagreements between 2 parties Settle disagreements between 2 parties Law suit, divorce, broken contract Law suit, divorce, broken contract

Two Parties Plaintiff/Prosecution Plaintiff/Prosecution Plaintiff: person who brings complaint against someone (civil) Plaintiff: person who brings complaint against someone (civil) Prosecution: represents the people/govt and charges a person with breaking a law (criminal) Prosecution: represents the people/govt and charges a person with breaking a law (criminal) Defendant Defendant Person who is accused of breaking the law or defending against a complaint Person who is accused of breaking the law or defending against a complaint

Members of the Court Judge Judge Applies the law to the case Applies the law to the case Makes final decision in jury trials Makes final decision in jury trials Jury Jury Group of peers Group of peers Decide the facts of the case and issue verdict Decide the facts of the case and issue verdict

Interpreting the Law … A court’s decision may set a precedent A court’s decision may set a precedent Guideline for how all similar cases should be decided in the future Guideline for how all similar cases should be decided in the future Example: Plessy v. Ferguson was precedent for segregation, but was overturned by Brown v. Board Example: Plessy v. Ferguson was precedent for segregation, but was overturned by Brown v. Board

Three Decisions 1. What does the law mean? 1. What does the law mean? 2. Is the law constitutional? 2. Is the law constitutional? 3. Has the law been violated/broken? 3. Has the law been violated/broken? Can only occur when … Can only occur when … the court is hearing a specific case (can’t decide to interpret the law at will)

Supreme Court Judicial Review Judicial Review Power to decide constitutionality of government acts Power to decide constitutionality of government acts Established by Marbury v. Madison (1803): said Supreme Court has the power to declare acts of Congress unconstitutional Established by Marbury v. Madison (1803): said Supreme Court has the power to declare acts of Congress unconstitutional

How cases get there Rule of 4 – 4 justices must agree to hear it before it’s placed on calendar Rule of 4 – 4 justices must agree to hear it before it’s placed on calendar Constitutional issues Constitutional issues Appeals from federal and state courts Appeals from federal and state courts

The Supreme Court at work: Solicitor general: represents U.S. in court Solicitor general: represents U.S. in court Briefs: written documents supporting 1 side Briefs: written documents supporting 1 side Oral arguments: lawyers speak to justices, emphasizing major points of briefs Oral arguments: lawyers speak to justices, emphasizing major points of briefs Conference: Justices meet in secret sessions to vote and discuss Conference: Justices meet in secret sessions to vote and discuss Opinions: justices write opinion of the court and the majority ruling decides the case Opinions: justices write opinion of the court and the majority ruling decides the case

Who are they? John Roberts John Roberts Antonio Scalia Antonio Scalia Ruth Ginsberg Ruth Ginsberg Anthony Kennedy Anthony Kennedy Clarence Thomas Clarence Thomas Steven Breyer Steven Breyer Samuel Alito Samuel Alito Sonia Sotomayor Sonia Sotomayor Elena Kagan Elena Kagan

Salary $110,000 $110,000 $115,000 – chief justice $115,000 – chief justice