The Judicial Branch: Chapter 10.1 The Role of the Federal Courts

Laws and Courts  100’ s of Federal Courts  Interpret the laws  Follow the laws  The legal system settles disputes

What the Courts do … (or, what it do brother?) Resolve legal conflicts, either  Criminal –> answers … 1.Who is guilty or innocent 2.Punishment – to be either $$$, service or incarceration Answers

What Courts do … (or, what it do brother? … cont.) Civil cases: 1.Broken contracts 2.Real estate 3.divorce 4.Constitutional Rights Usually ends up answering … how much? for a settlement.

Civil and Criminal case may end in the Supreme Court for a hearing

The Parties in the Conflict: A typical Civil Case -  Plaintiff (s) – an individual or group of people who bring a complaint against another party  Defendant(s) – the party that answers a complaint and defends against it

The Parties in the Conflict (cont.) :  In a CRIMINAL CASE:  Prosecution –a government body that brings a criminal charge against a defendant who is accused of breaking the law  The prosecution is referred to as “The People” represented by the government lawyer known as a prosecutor

Law and the Real World p. 268 Read:  Violent video games & free speech Discuss:  Applying the Law 1.Analyzing Information 2.Support a Point of View

Members of the Court  The Judges apply the law …  Determine which side is keeping with the law  Judge is neutral and directs the proceedings  JURY- in many cases, decides the facts of a case 1.What happened 2.Who did it  Trial by jury is a Constitutional right!!

Interpreting the law  A process …  Courts decide what the law in question means  Decision has broad effects and can set a PRECEDENT-  a guide line for how all similar cases should be decided in the future  Makes the meaning of the law clearer  Determines how the law should be applied, both inside and outside the legal system  e.g. Brown v Board of Education

READING CHECK, page 268:  Who are the parties in civil and criminal trials?

State Courts & Federal Courts *Interconnected Court Systems *  State -  legal cases begin here, also called the “lower courts”  Federal  establish broadest precedents

State Courts & Federal Courts (cont.) Different levels and purposes at the State level  Traffic courts  Juvenile courts Municipal Courts = city level 1.Small sums of money(Small Claims Court) 2.Misdemeanors/traffic violations MOST OF OUR LAWS THAT GOVERN EVERYDAY LIFE ARE STATE AND LOCAL LAWS

JURISDICTION ORIGINAL JURISDICTION – WHERE THE COURT CASE GOES FIRST AND HAS THE AUTHORITY TO HEAR A CASE FIRST 1.DETERMINES THE FACTS 2.TRIAL BY JURY, OR … 3.CERTAIN CASES – JUDGE HEARS IT ALONE 4.TRIAL TO RESOLVE IN ORIGINAL JURISDICTION ARE CALLED “TRIAL COURTS”

JURISDICTION (CONT.) APPEAL - > 1.Happens when plaintiff or defendant believe outcome is unjust 2.Ask a higher court review the decision and determine if justice was done. 3.In each state there are appeals courts to hear these case from the lower state courts which have-

JURISDICTION (CONT.)  APPELLATE JURISDICTION = authority to hear an appeal (appeals court) 1.No trial heard 2.Reviews legal issues involved 3.Determines if law was applied fairly AND… 4.If due process was followed

JURISDICTION (CONT.) Appeals court may 1.Affirm (let stand) lower court decision, or … 2.Reverse  unfair, may, call for a new trial to be held in the original jurisdiction 3.If plaintiff is innocent  the prosecution may not appeal = double jeopardy 4.Appealed  State Supreme Court

JURISDICTION (CONT.)  APPEALS (cont.) 1.Process may go beyond first appeals court 2.Final court of appeals is the State Supreme Court 3.Most States have three levels:  Trial Court  Appeals Court  Court of Final Appeals

Analyze charts - page 269 Review the chart and the data …  THE RANDOM STUDENT SELECTOR WILL CHOOSE TWO LUCKY CONTESTANTS TO ANSWER: 1.ANALYZE – 2.APPLY -

FEDERAL COURTS  Cases heard 1.Federal laws and issues beyond authority of individual states Where Federal Courts have “original jurisdiction” 2.Cases appealed from state supreme courts  Federal law  Constitutional issues  Heard only by the Supreme Court  Gives SCOTUS and federal judicial branch leadership role in our judicial system