Chapter 7 Judicial Branch

Review ???? 1.What is any behavior that is illegal called? 2.What laws are passed by lawmaking bodies? 3.What is an appeal?

Review ?????? 4.What court cases determined that every person accused of a crime would have an attorney? 5.What type of law settles disputes between people? 6.What is an earlier decision?

Nation of Laws Every Society Needs rules These rules are called laws Laws are set to protect people and property.

Criminal Law Crime: any behavior that is illegal Criminal law: refers to the group of laws that define what are acts of crime Rape, stealing, violence Criminals often do not stop at one crime

Civil Law Disputes between people Contract, divorce, and property issues

Sources of Laws 1. Statutory Laws –Passed by law making bodies –Usually based on what the majority wants –Good citizens follow laws

Sources of Laws 2. Common Law –Based on customs, traditions, and cases decided before –Precedent: earlier decision

Sources of Laws 3. Administrative Laws –Created by government agencies –Cover many areas of daily like, health, safety, education, and banking

Sources of Laws 4. Constitutional Law –Supreme law of the land –Based on U.S. Constitution –Gideon v Wainwright: 1963 free legal aid to defendants that cannot afford an attorney

Roles of the Court Settle disputes Person accused of a crime has rights: –Attorney –Confront the accuser –Jury trial –Innocent until proven guilty –Appeal: right to ask a higher court to review results of earlier trial

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US District Courts Supreme Court 3 levels of federal court system Jurisdiction is the courts authority to hear and decide cases, original and appellate

US Federal Courts District courts, trial courts Original jurisdiction- hear the case for the first time Lowest level of the Fed. Court system

US District Judges Trial judges Handle both civil and criminal Decides who wins and the punishment Appointed for life by the President approved by the Senate Removed from office if impeached Salaries cannot be lowered

US court of Appeals Appellate jurisdiction Hear cases that have already been decided There are 94 district courts and 12 appellate courts Do not hold trials, a panel of at least 3 judges decides outcome Only decide if earlier decision and trial was fair, NOT guilt or innocence

US supreme Court Highest court in the land 9 justices Meets in Washington D.C. Their decision is final Has jurisdiction over: –Cases involving states –Foreign diplomats –Cases between states and the fed gov

Section 3 Page 189

Judicial Review Allows the courts to decide if the law or presidential action is in agreement with the constitution

Judicial Review Established by John Marshall in the court case Marbury v Madison: declared an act of Congress unconstitutional

Supreme Court 7,000 cases are filed a year but only 130 to 150 cases are decided. If the Supreme Court refuses to hear the case the decision of the lower court remains in effect The court may remand, meaning return, the case to a lower court for a new trial

Hearing and Deciding Cases Each lawyer has 30 minutes to presents their arguments Judges read the written arguments Each justice has one vote, Majority decision

After voting the court delivers it opinion The opinion explains the decision If the judge agrees with the majority opinion but for a different reason he can write a concurring opinion If he disagrees he writes a dissenting opinion

Dissenting Opinions Although they do not effect the law many times they later become law. For example in Plessy v Ferguson justice Harlan dissented stating that the constitution should not recognize class or race

Supreme Court Number of judges decided by Congress: has been 9 since 1869 No special requirements Can be impeached Appointed by President approved by Congress, judge for life

Scott v Sandford Dred Scott attempted to win his freedom but lost because the Supreme Court said slaves were property and did not have rights

Plessy v Ferguson 1896 Homer Plessy was arrested for riding in a White Only train car in protest of segregation Court decided that this could be separate as long as they were equal. “Separate but Equal”

Brown v Board of Education 1954 Supreme Court decided that schools and public facilities could not be segregated and that the 14 th amendment gave everyone equal protection under the law

Miranda v Arizona 1966 Police must inform arrested suspects of their rights before questioning them.