Judicial

Do you Remember What is the highest court in the Land? What is the highest court in the Land? Who appoints the justices to the Supreme Court, and other federal courts? Who appoints the justices to the Supreme Court, and other federal courts? How many members are on the Supreme Court? How many members are on the Supreme Court? How long can they serve? How long can they serve? What do we call lower federal courts? What do we call lower federal courts? What two categories of lower federal courts are there? What two categories of lower federal courts are there? What is jurisdiction? What is jurisdiction? What does original jurisdiction mean? What does original jurisdiction mean? What does appellate jurisdiction mean? What does appellate jurisdiction mean? Who has exclusive jurisdiction? Who has exclusive jurisdiction? How many federal appeals courts do we have? How many federal appeals courts do we have? How many District Court systems do we have on the federal level? How many District Court systems do we have on the federal level? Who is the current Chief Justice of the Supreme Court? Who is the current Chief Justice of the Supreme Court? Who was the first Chief Justice? Who was the first Chief Justice?

Types of cases There are two types of cases that exist Criminal –when in a federal court, criminal is one in which a defendant is tried by FEDERAL cases. Where an actual crime has taken place – Theft, Arson, Terrorism Civil –noncriminal matter—could be disputes over constitutionality of laws, contracts, etc. One person(s) suing another party. Criminal action did not occur

Federal or State Criminal & civil cases are defined the same in both courts However, remember Fed courts can ONLY hear certain cases (Exclusive Jurisdiction) States hear the majority of all cases in the US

Terms to know Precedent – court decision that future cases will follow--- opinions can be as simple as “we stand with the lower courts decision based off of Texas v. Johnson” Inferior Courts – lower federal courts created by Congress Plaintiff – person who files suit Defendant – person who the complaint is filed against. Plea – What you agree to “guilty” or “not guilty” Beyond a Reasonable Doubt – all evidence/testimony points towards guilt – leaves no doubt in a juror’s mind Acquit – drop charges due to lack of evidence Verdict – Decision made by the jury or judge Unanimous – ALL decisions MUST be 100%, whether voting guilty or not guilty….if not unanimous this leads to a “hung jury” and mistrial

Terms Continued Civil Liberties – Protections FROM the government Civil Rights – Protections BY the government Felony – a crime punishable by a year or more in prison or a year or more of probation Misdemeanor – a crime punishable by less than a year in prison or less than a year probation Ordinance – law enforced by county or city Statute – law enforced by state and federal gov’t

How does the Supreme Court Choose Cases? Close to 10,000 are appealed to the Supreme Court Only will be heard Most petitions for review are denied—usually because the justices agreed with the decision already made on the case. “The Rule Of Four” – At least four of the nine justices must agree to put the case on the Court’s docket – Docket = list of cases to be heard.

Con’t Most cases reach the Court through a Writ of certiorari (cert)- an order from the Court asking a lower court to s end up the record in a given case for its review—either side of the case can petition the Court to send a Writ of Cert If the Court decides not to send a Cert—then the decision of the lower court stands.

How the Supreme Court Operates Starts the first Monday in October and ends in June or July Once the Court accepts a case-they set a date to hear the case Briefs – written documents filed with the Court prior to oral arguments-these can be filed form wither side- contains facts and citations of the previous court decision They hear cases in two-week cycle---they hear oral arguments for two weeks, then the justices recess for two weeks to consider the cases Have a conference over the case – Closed door

Opinions Majority – the opinion of the Court, this is the final decision of the Court and it will give reasoning. Minority – will state why they did agree with the majority or why the decent Concurring – opinions that voted with the majority, but for different reasons

DUE PROCESS Stated twice in the Constitution – 5 th Amendment: no person can deprived “life, liberty, or property without due process of law” – 14 th Amendment: places same restriction on States and local government *Government must act fairly and in accord with laws IF government officials do not follow Due Process— criminals can be let off!!

Supreme Court Firsts First Chief Justice = John Jay First Black Justice = Thurgood Marshall First Female Justice = Sandra Day O’Connor First Hispanic Justice = Sonia Sotomayor