Judicial Branch Chapter 8 Sections 1, 2, 3, and 4

Judicial Branch Article III of Constitution Article III of Constitution Interprets Laws Interprets Laws Start at the bottom and work your way up through appeals Start at the bottom and work your way up through appeals Appeal- request to rehear or retry a case Appeal- request to rehear or retry a case Supreme Court Court of Appeals District Courts

Federal Courts Video

District Courts The federal courts where trials begin The federal courts where trials begin Description Description Determining the facts of the case Determining the facts of the case Decide guilt or innocence Decide guilt or innocence Only courts where witnesses testify, juries hear cases, reach verdicts Only courts where witnesses testify, juries hear cases, reach verdicts

District Courts Jurisdiction Jurisdiction Original Jurisdiction: hear cases for the first time Original Jurisdiction: hear cases for the first time Number: Number: 94 Total Courts 94 Total Courts Each state has at least one Each state has at least one NC has 3 (Western, Central, and Eastern) NC has 3 (Western, Central, and Eastern) Meets year round Meets year round

District Court Judges: Judges: 1 Judge reviews each case 1 Judge reviews each case President appoints, Senate approves President appoints, Senate approves Term: LIFE (die in office or retire) Term: LIFE (die in office or retire) Can be removed by impeachment Can be removed by impeachment

District Courts Magistrate: Magistrate: Issues court orders Issues court orders Hears preliminary evidence Hears preliminary evidence Decides bail Decides bail Hears minor cases Hears minor cases US Attorney: US Attorney: Gov’t lawyers Gov’t lawyers Marshal: Marshal: Makes arrest Makes arrest Collects fines Collects fines Takes convicted people to prison Takes convicted people to prison Protects jurors Protects jurors Keeps order Keeps order Serves legal papers Serves legal papers Others: Others: Clerks, secretaries, court reporters, probation officers Clerks, secretaries, court reporters, probation officers

Appeals Courts Review decisions made in lower district courts Review decisions made in lower district courts Description Description Do not decide guilt or innocence, only if there was a fair trial Do not decide guilt or innocence, only if there was a fair trial Do not hold trials, no witnesses, juries, etc. Do not hold trials, no witnesses, juries, etc. Do not hear all cases- if they do not hear it the lower court decision stands Do not hear all cases- if they do not hear it the lower court decision stands

Appeals Courts Jurisdiction Jurisdiction Appellate jurisdiction: Authority to hear a case appealed from a lower court Appellate jurisdiction: Authority to hear a case appealed from a lower court Number Number Each is over a “circuit”- geographical area Each is over a “circuit”- geographical area NC is in the 4 th Circuit NC is in the 4 th Circuit Meets year round Meets year round

Appeals Courts Judges: Judges: 3 Judges review each case (majority rules) 3 Judges review each case (majority rules) President appoints, Senate approves President appoints, Senate approves Term: LIFE (die in office or retire) Term: LIFE (die in office or retire) Can be removed by impeachment Can be removed by impeachment

Appeals Court Possible rulings: Possible rulings: Uphold the original decision Uphold the original decision Reverse the original decisions Reverse the original decisions Remand the case- sending it back to the lower courts to be tried again Remand the case- sending it back to the lower courts to be tried again Writes an opinion regarding the ruling Writes an opinion regarding the ruling Opinion- statement detailing why they voted the way they did Opinion- statement detailing why they voted the way they did

Supreme Court Video

Supreme Court Reviews decisions made in lower district and appeals courts Reviews decisions made in lower district and appeals courts Description Description Does not decide guilt or innocence, only whether laws are constitutional Does not decide guilt or innocence, only whether laws are constitutional Does not hold trials, no witnesses, juries, etc. Does not hold trials, no witnesses, juries, etc. Does not hear all cases- if they do not hear it the lower court decision stands Does not hear all cases- if they do not hear it the lower court decision stands Final decision on any case Final decision on any case

Supreme Court Jurisdiction: Jurisdiction: Original and Appellate Original and Appellate Number: Number: 1 Term begins in October and usually meets for 8 months Term begins in October and usually meets for 8 months

Supreme Court Judges Judges Known as “Justices” Known as “Justices” 9 Justices 9 Justices 1 Chief Justice, 8 Associate Justices 1 Chief Justice, 8 Associate Justices President appoints, Senate approves President appoints, Senate approves Term: LIFE (die in office or retire) Term: LIFE (die in office or retire) Can be removed by impeachment Can be removed by impeachment

Supreme Court Docket- court calendar that all court cases are placed on Docket- court calendar that all court cases are placed on nearly 7,200 cases were appealed to the Supreme Court but it only heard 74 cases nearly 7,200 cases were appealed to the Supreme Court but it only heard 74 cases Written Arguments- briefs are written documents prepared by lawyers explaining their side of the case Written Arguments- briefs are written documents prepared by lawyers explaining their side of the case Oral Arguments- lawyers from each side get 30 minutes in front of Justices to summarize their case Oral Arguments- lawyers from each side get 30 minutes in front of Justices to summarize their case Conference- private meetings of Justices in which they decide on the case Conference- private meetings of Justices in which they decide on the case

Supreme Court Majority Opinion- presents views of the majority of Justices on the case (winning opinion) Majority Opinion- presents views of the majority of Justices on the case (winning opinion) Concurring Opinion- may be written by a Justice who agrees with the majority opinion, but for a different reason Concurring Opinion- may be written by a Justice who agrees with the majority opinion, but for a different reason Dissenting Opinion- written by Justices explaining why they oppose the majority opinion Dissenting Opinion- written by Justices explaining why they oppose the majority opinion Unanimous Opinion- all Justices vote the same way Unanimous Opinion- all Justices vote the same way

Supreme Court Justices Video

Current Supreme Court John Roberts (Chief Justice) Since 2005 George W. Bush Elena Kagan Since 2010 Barack Obama Antonin Scalia Since 1986 Ronald Reagan

Supreme Court Anthony Kennedy Since 1988 Ronald Reagan Clarence Thomas Since 1991 George H.W. Bush Ruth Bader Ginsburg Since 1993 Bill Clinton

Supreme Court Stephen Breyer Since 1994 Bill Clinton Samuel Alito Since 2006 George W. Bush Sonia Sotomayer Since 2009 Barack Obama