The Judicial Branch Chapter 18

Judicial Branch 4 Final part of the government 4 Interprets the laws –Determines right or wrong –Checks for fairness of the laws –Punishes offenders 4 Courts make up the judicial branch 4 Least understood branch of the government

Criminal Law vs. Civil Law 4 Criminal law – accused of breaking a law –Punishment can be community service, fines, jail time…death penalty (where that is used) –Jury must find accused “guilty beyond a reasonable doubt” 4 Civil Law – when someone sues someone else –If found guilty or “responsible” – owes money Cannot end up in jail from these types of cases –Jury: “preponderance of the evidence” Meaning?

Felony vs. Misdemeanor (Criminal) 4 Felony – most serious offenses –Murder, rape, arson, burglary, aggravated assault 4 Misdemeanor – less serious, but still serious offenses, involves a trial –Assault, DUI 4 Summary offenses – least serious, usually only fines, not usually a trial –Disorderly conduct, public drunkenness,

Miranda Rights 4 Rights of the accused when arrested –Right to remain silent –Right to a lawyer Public Defender if can’t afford one 4 Came from Supreme Court case –Miranda v. Arizona, 1966

A Legal term… 4 Writ of habeas corpus –Arrested person must know the reason arrested (charges) through the arraignment (court hearing when charged ) –Federal and state gov’ts can only suspend this right in times of rebellion or crisis Examples: during riots or during a war

Lowest level courts 4 Looks the same for both federal and state courts 4 1 judge with or without a jury –Defendant decides about jury 4 Prosecutor brings charges & makes case 4 Defense attorney argues other side 4 (Civil cases – plaintiff vs. defendant) 4 Verdict determines fate

Two types of Courts 4 Federal Courts –Jurisdiction: cases involving federal laws & certain parties –Our closest Federal court is in Philadelphia –Examples: 4 State Courts –Jurisdiction: cases involving state or local laws –Media Courthouse is a state court –Examples:

Federal Courts 4 Inferior Courts – defined by Congress –Constitutional Courts – federal courts below the Supreme Court – includes US Court of International Trade –Special Courts – deal with certain issues Federal Claims, Tax Court, Territorial Courts, Appeals for the Armed Forces & for Veterans Claims, & for DC

Supreme Court 4 Highest Court in the United States 4 Justices to Supreme Court – Today = 9 –Appointed by the President Confirmed by the Senate –Appointed for life…or until retirement Can be impeached for wrongs/ behavior –Head Justice is the Chief Justice

Supreme Court Cases 4 Most cases come to them on appeal –Came up from either lower federal courts or from states courts –Usually challenging certain rights –Often 14 th Amendment questions 4 Some involve Judicial review –interpretation of the law –Determine constitutional or unconstitutional 4 Also hear cases involving the government –Gore v. Bush, 2000

Selection of Federal Judges 4 Nominated by the President 4 Confirmed by the Senate 4 “senatorial courtesy” – consults with senators of state where position is located 4 Will also consult with Attorney General 4 Also appointed for life except on Special Courts have terms of 8-15 years –DC courts have terms of 4 – 8 years

President Andrew Jackson 4 7 th President of the US, st to ever defy a Supreme Court ruling 4 Cherokee Nation v. Georgia –Cherokee won the right to stay on their land in Georgia – Chief Justice John Marshall –Jackson ignored ruling & sent Army to move them to Oklahoma 4 “Trail of Tears” – journey of the Cherokees –At least 4,000 died during walk, little supplies