The Judicial Branch Article III

Article III – Constitution Part I: Read the text of the Judicial Branch and circle any words you don’t know. Part II: Read the text of the Judicial branch again Put each section in your own words You may need to use a dictionary/phone to help look up words

Article III – Section 1 Establishes the Supreme Court: Highest court Congress can create lower federal courts in every state Judges (Justices) Appointed for life! Judges pay cannot be cut!

Article III – Section 2 Federal courts will decide arguments over how to interpret the Constitution and laws. Hear disputes between states, citizens of different states, and states and the federal government! Jurisdiction All trials held by jury except impeachment trials Almost all federal cases start in fedearl district courts

Article III – Section 3 Treason is the only crime specifically defined in the Constitution Treason: Goes to war against U.S. or gives “aid” or comfort to an enemy Congress can set punishment, but only directed at guilty person Don’t need to like pick up a weapon, just fight by giving information or weapons can be treason.

Law and Order SVU Episode: “Persona” Final questions: What is your reaction to this episode of SVU? How does this show some of the judicial system in the United States? (I know we haven’t looked at anything yet, but what do you think?) During the episode, write down any words that are unfamiliar to you OR that will probably be found/used in our studying of the Judicial Branch. EE Points for number of words and selection of words.

Review Article III Take out your Article III excerpt… Answer the following questions What is the duty of the Judicial branch? What powers does the constitution give the Judicial branch? What DOESN’T the constitution say about the Judicial Branch?

The Judicial Branch The Basics

Types of Jurisdiction Jurisdiction : Official power to make legal decisions and judgments Original – Court is the first one to hear the case Appellate – Court can only hear a case on appeal; law has been applied unfairly or incorrectly Concurrent – Cases that can be decided in state or federal courts Exclusive – Assigned by constitution. Only federal courts have authority to hear, state courts cannot. Apply to a higher court for a reversal of a decision

Branches of Law Criminal Law – Concerns with relationship between government and people Criminal Law Constitutional Law Administrative Law International Law Civil Law – Deals with disputes between individuals, business and other organizations Contracts Property Torts Domestic Relations

State Court vs. Federal Court State: Jurisdiction over… Robberies, traffic violations, broken contracts, family disputes, civil, etc. Cases filed annually: 30,000,000 Federal: Jurisdiction over… Antitrust, bankruptcy, patent, copyright, maritime law, criminal Cases between citizens of different states Cases involving constitution Cases filed annually: 1,000,000 Differences between the two are mainly based on jurisdiction http://litigation.findlaw.com/legal-system/federal-vs-state-courts-key-differences.html Lucky for us, they are pretty much set up the same. Ish?

Level 1 (lowest) – District Courts First level of trials; 1st time hearing Original Jurisdiction Federal trial courts Currently 94 courts At least 1 per state Handle most federal cases Colorado’s 22 district courts A lot of issues talked about in these courts! Testimony taken, decisions are rendered. At least 1 district court in every state - Colorado has 22. This can change Each of these district courts fall within the boundary of an appellate court!!! (NEXT LEVEL) 80% of federal cases = 300,000 a year

Level 2 (middle) – 13 Courts of appeal OR “Appellate Courts” Only hears cases on appeal from lower courts (district courts)! Appellate Jurisdiction Set up to lessen workload of Supreme Court Does not always mean a trial, though! Doesn’t hear cases – Judges review district trial and determine if an error was made Less than 1 percent of their decisions are appealed to the U.S. Supreme Court! WHAT THE F. 13th Court of Appeals in Washington has jurisdiction over certain types of cases like patents, or things where the us gov is the defendant. 400,000 cases per year Set up to lessen the workload of the supreme court

Level 3 (Top) – The Supreme Court Only court mentioned in Constitution 9 Justices 1 Chief Justice & 8 associates Reviews cases usually from the Court of Appeals (Appellate Courts) Court of last resort Cases about.. Two or more states U.S. and a State Foreign ambassadors/diplomats A state and citizen of a different state Article 1 section 3 only calls for ONE chief justice but not an ideal number of associates. So Congress can decide SC hears appeals from federal appellate court and from highest courts in the state level that involve a federal constitutional matter 6,000 cases apply/yr only 100 get full decision

Powers of the Judicial Branch Judicial Review: Power to decide if something is constitutional or not! To decide what the constitution really says and means! Can review actions of the executive and legislative branches (laws, executive orders, declarations of war) and invalidate it if it’s not constitutional (null and void) Stems from Marbury v. Madison (1803) John Adams appoints Marbury as Chief Justice but failed to complete the formal appointment before he was not president anymore. JR – The right of the court to strike down a law

Marbury V. Madison https://www.youtube.com/watch?v=KwciUVLdSPk Filed a lawsuit. Adams on his way out, appointed Judges. Tried packing the courts with Federalists (because he was a federalists) Marbury’s commission wasn’t delivered to him – Jefferson blocked it so Marbury files a lawsuit http://www.infoplease.com/us/supreme-court/cases/ar20.html

Other Federal Courts U.S. Bankruptcy Courts Set up like district courts – but have subject jurisdiction U.S. Courts of Appeals for the Armed Forces U.S. Court of Federal Claims Handles all cases for nation’s capital U.S. Court of International Trade U.S. Tax Court Disputes between tax payers and IRS U.S. Court of Appeals for Veterans Claims

The Daily Show & Judicial Review http://thedailyshow.cc.com/videos/fep2n3/courtcenter