CHAPTER 7 “THE JUDICIAL BRANCH”

EQUAL JUSTICE UNDER LAW A. Laws for the Good of All 1. Laws create freedom. 2. Responsible citizens obey the law. B. Four Kinds of Law (All must follow the principles set forth in the Constitution.) 1. Statutory Law - Laws passed by lawmaking bodies. 2. Common Law - rules that have been accepted by Americans as the proper way to act.

a. Precedent - following an earlier decision. b. Most common laws are passed into statutory laws. 3. Administrative Law - laws made up by government agencies. a. Ex. Consumer Product Safety Commission ruling a toy to be unsafe. 4. Constitutional Law - law based on the Constitution of the United States and on Supreme Court decisions interpreting it.

C. Role of the Courts 1. A person is innocent until proven guilty. 2. Criminal Cases - deal with violations of the law. 3. Civil Case - deal with disputes between individuals or businesses. D. Right to a Fair Trial 1. Right to a lawyer 2. Right to be released to bail a. Bail - sum of money pledged to the court as a pledge to appear in court.

3. Indictment by a Grand Jury a. Made up of 12-23 citizens. b. Decides if there is enough evidence to bring a case to trial. 4. Right to a Jury Trial (Petit Jury) a. Usually made up of 6-12 people. b. Jurors - People who serve on a jury. c. Names are selected at random. d. Jury Duty - time spend being a juror. e. Verdict - decision in a case. (Usually must be unanimous)

f. Hung Jury - when a verdict can not be reached. 5. Innocent Until Proven Guilty a. Burden of proof rests with those who bring the charges against the accused. b. Cross Examine - question a witness c. testimony - evidence given by a witness. 6. Right to Appeal a. Appeal - ask for a review of a case. b. Can only be done by the accused.

WHO SERVES IN OUR NATIONS COURTS 1. Article III of the Constitution states that “The judicial power of the U.S. shall be vested in one Supreme Court and inferior courts . . .” a. Judiciary - system of national courts. b. Jurisdiction - Courts authority to hear a case and administer the law.

2. Cases that can be brought to a federal court: a. Involving a question about the Constitution, laws, or treaties of the U.S. b. Involving American ships at sea. c. Any case in which the U.S. government is directly involved. d. Disagreements between citizens, or governments of different states.

A. How Are Judges Appointed? 1. They are appointed in the same way as members of the executive branch. a. President nominates judges. (With advice from Senate.) b. President usually nominates someone from his own party when choosing federal judges. c. Senate must confirm appointments.

d. Senatorial Courtesy - Special attention a President pays to the opinions of senators in his or her own party when making appointments to lower federal courts in the state the senators represent. 2. Two reasons why federal judges are not elected: a. Protect judges from swings in public opinion. b. Common citizen does not have the legal knowledge.

B. How Can Judges be Removed? 3. There are no minimum age or other requirements for judges. B. How Can Judges be Removed? 1. Judges shall serve “during time of good behavior”. (Life term) 2. May be impeached by the House. 3. Trial is held in the Senate.

C. How are Judges Paid 1. Salaries are determined by Congress. 2. It may not be reduced while a person is in office.

HOW ARE THE NATION’S COURTS ORGANIZED A. The Three Levels of Federal Courts 1. District Courts - (Bottom level) at least 1 in every state. 2. Courts of Appeals - (Middle Level) 3. Supreme Court - (Highest Level) a. Decisions can not be overturned unless Constitution changes.

B. State Courts Are Not Part of the Federal System 1. State courts decide case under state law. 2. Make-up is similar to national law. 3. Parts of a case involving national law can be appealed to a federal court. 4. Appeals of state laws can not be made to a federal court.

C. SPECIAL FEDERAL COURTS 1. Usually established when a particular area of the law is especially technical and involves specialized knowledge that ordinary judges might not possess. (ex. taxes on imports.) 2. Judges are appointed for fixed terms.

D. Who Decides How the Federal Courts Will Be Organized 1. Original Jurisdiction - Cases that a court is to hear first. 2. Appellate Jurisdiction - Cases that a court hears only on appeal. 3. Congress decides how many courts there will be and how many members the Supreme Court should have.

The Work of the Nation’s Courts A. Trying Cases 1. Federal cases first heard are usually heard in a federal district court. 2. As of 2010 there were 94 district courts. B. Handling Appeals 1. Trial Court - Court that hears a case for the first time. 2. Appeals are heard in the appellate court.

3. Only the accused may appeal a decision. 4. Sometimes federal courts of appeals are called circuit courts. a. As of 2010 there are 12 federal courts of appeals. 5. Supreme Court can also be a court of appeals.

C. Deciding What the Law Means 1. Judicial Interpretation - deciding what the law means. D. Exercising Judicial Review 1. No act or law that violates the Constitution is allowed. 2. Judicial Review was established in Marbury v. Madison. IN YOUR SMALL GROUPS DISCUSS WHAT MIGHT HAPPEN IF THEIR WAS NO JUDICIAL REVIEW. (5 MIN)

3. What would happen if there was no judicial review: a. Congress and state legislatures would act as the final judge on whether or not their laws were Constitutional. b. There would be no way to settle conflicts between state and national government.

U.S. Supreme Court

THE SUPREME COURT Supreme Court Justices 1. Size is determined by Congress 2. Current number is 9. (1869) 3. Appointed by President 4. Salary: Chief Justice = $175,400 Associate Justice = $167,900 5. First woman was Sandra Day O’Connor. (1981/Reagan)

Influence of John Marshall 1. Established 3 basic principles of U.S. Law: a. Judicial Review b. State laws can be set aside if they conflict with national ones. (National Supremacy) c. Supreme Court can reverse state court decisions.

Hearing Cases 1. Thousands of cases are appealed to the court each year but they hear only 100-200. a. Docket – Court’s calendar of cases. 2. Cases heard are those that hold significant public interest. 3. 4 of the 9 justices must vote to hear a case. a. Remand – return a case to a lower court for a new trial.

Court in Action 1. Session begins each year on the first Monday in October. (Usually adjourns in June.) 2. Much of the time is spent hearing cases, reading written arguments and holding private meetings. a. Brief – written statement explaining the main points of one side’s arguments about the case.

b. Oral arguments are made. (Each side has 30 minutes.) c. On Fridays justices meet to discuss and vote on the case. (Majority vote is decision. In case of tie lower court decision remains in tact.) Supreme Court Opinions 1. Opinion – Reasoning that led to the courts decision.

2. Concurring Opinion – when a justice agrees with a decision but for different reasons. 3. Dissenting Opinion – Justices who disagree with the decision of the Court. F. Checking the Court’s Power 1. Congress can make new laws. 2. Amendments to the Constitution (Income Tax)

Changing Court Opinions 1. Plessy v. Ferguson – “Separate but Equal” was ruled by the Supreme Court. (Segregation was legal) 2. Brown v. Topeka Board of Education a. Schools were not equal. H. Strengthening Constitutional Rights 1. Rights of Accused a. Miranda v. Arizona (1966) 2. “One person one vote” a. Legislative districts must be close to equal in population.

3. Civil Rights and Liberties a. Brown decision I. THE COURT’S PRESTIGE 1. Does the Supreme Court have too much power?

POSSIBLE ASSIGNMENTS: 1. SECTION CHECKUP PG. 443, 446, 450 2. COMPREHENSION PG. 451 3. CRITICAL THINKING PG. 451 4. SOCIAL STUDIES SKILLS PG. 452 1-5 5. BEYOND THE BOOK PG. 453 #1 6. AMERICAN GOV. PG. 77, 79