2. Judicial Review The Supreme Court’s power to overturn any law that it decides is in conflict with the Constitution.

3. Precedent A guideline for how similar cases should be decided in the future.

4. The Judicial Branch studies and Interprets laws! Laws, courts, appeals oh my!

5. The Constitution is the “supreme law of the land.” This means that all laws must follow the Constitution. But who decides if a law is unconstitutional? (against the law)

6. The Judicial Branch The expressed powers of the Judicial Branch are in Article III of the Constitution. Article III sets up the Supreme Court and gives Congress the power to set up other inferior courts as needed.

7. The Supreme Court is the “highest court in the land.” (And not just because of all those steps!) This means that the decisions of the Supreme Court are final and cannot be appealed.

8. The Constitution does not give the Supreme Court the power of judicial review. This power was established by a court case in which William Marbury was suing James Madison to get a job as a judge. Marbury v. Madison I want my job! I’m taking my case to the Supreme Court! I’m sorry, but President Jefferson ordered me not to give you the job.

9. Established Judicial Review Marbury v. Madison The case was decided on February 24, 1803 by a vote of 5 to 0. Marbury lost his case. The Supreme Court agreed that Marbury had been treated unfairly, but said he didn’t have the legal right to sue.

10. The Supreme Court has the power of “judicial review.” “Judicial review” means that the Supreme Court can determine if a law passed by Congress or an executive act is unconstitutional.

11. 1.Federal courts try cases involving federal law and U.S. Constitutional questions. 2. Can declare laws unconstitutional. 3. Can declare executive acts unconstitutional. Powers of the Supreme Court

12. The Roles of the Federal Judicial Branch: Consists of the federal courts, including the Supreme Court, the highest court in the land.

13. The Roles of the Federal Judicial Branch: The Supreme Court exercises the power of judicial review* over all other courts. Made up of 9 judges known as Justices, with one Chief Justice. When interpreting laws, justices make rulings called “opinions of the court”.

14. The Roles of the Federal Judicial Branch: The federal courts try cases involving federal law and questions involving interpretation of the Constitution of the United States.

15. Original Jurisdiction A courts authority to hear a case first

16. Appellate Jurisdiction A courts authority to hear an appeal of a decision by another court

17. Courts of Appeal Courts that handle appeals from the lower district courts

18. Federal Court Organization and Jurisdiction The United States has a court system whose organization and jurisdiction are derived from the Constitution and federal laws.

19. Federal Court Organization and Jurisdiction U.S. Supreme Court Justices, no jury; Appellate jurisdiction; limited original jurisdiction… – Once again, holds supreme power of judicial review over all others.

20. Federal Court Organization and Jurisdiction U.S. Court of Appeals Judges, no jury; Appellate jurisdiction.

21. Federal Court Organization and Jurisdiction U.S. District Court Judge, with or without jury; Original jurisdiction.

23. 9 Justices Appellate May have a jury No Jury 1 Judge Panel of Judges BothNo Jury Original

24. The judicial branch of Virginia is made up of the State Supreme Court and Circuit Courts. 1.The Virginia Supreme Court has the power of judicial review over state laws. 2. The Circuit Courts try civil and criminal cases.

25. Roles of the State Judicial System The judicial power is exercised by a court system that consists of four levels of courts VA Supreme Court - The highest court in the State with supreme power of Judicial Review in the state

26. Roles of the State Judicial System VA Court of appeals – Hear appeals of the Circuit Courts’ decisions prior to the Supreme Court of Virginia

27. Roles of the State Judicial System VA Circuit Courts - higher courts hearing matters of greater criminal offences and civil suits of greater damages than small claims

28. Roles of the State Judicial System Local / General District courts – lower state courts hearing matters of lesser criminal offences (misdemeanors, traffic law), local small claims and juvenile / domestic relations court

30. Virginia Court Organization and Jurisdiction Virginia, like each of the other 49 states, has its own separate court system whose organization and jurisdiction are derived from Virginia’s constitution and state laws. Virginia Supreme Court Justices, no jury Appellate jurisdiction; limited original jurisdiction

31. Virginia Court Organization and Jurisdiction Court of Appeals of Virginia Judges, no jury Appellate jurisdiction to review decisions of circuit courts

32. Virginia Court Organization and Jurisdiction Virginia Circuit Courts Judge, with or without jury Original jurisdiction for most cases; appellate jurisdiction from district courts

33. Virginia Court Organization and Jurisdiction Local / General District Courts Judge, no jury Original jurisdiction for small offences

34. Appellate BOTH Original BOTH No Jury Jury No Jury Judge Panel of Judges Justices

35. Our local judicial branch is our local court. Local courts hear cases under authority provided by state laws.

37. Appeal To ask a higher court to review a decision and determine whether justice was done.

38. Subpoena A formal document that orders an individual to appear in court to give testimony.

39. Plaintiff An individual or a group of people who bring a complaint against another party in a civil case.

40. Due Process of Law A process by which the government must treat the accused person(s) fairly

41. III. Civil vs Criminal Cases

42. Criminal case  In a criminal case, a court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or a felony.

43. Misdemeanor – a minor criminal offence (ex: speeding) Felony – a major criminal offence (ex: murder)

44. Procedure for criminal cases 1.A person accused of a crime may be arrested if the police have probable cause.

45. Procedure for criminal cases 2. The accused may be committed to jail or released on bail.

46. Procedure for criminal cases 3. The case proceeds to an arraignment where probable cause is reviewed, an attorney may be appointed for the defendant, and a plea is entered (whether the accused says they are guilty or not guilty).

47. Procedure for criminal cases 4. A court date is set, and a trial is conducted.

48. Procedure for criminal cases 5. A guilty verdict (decision) may be appealed

50. Civil case  In a civil case, a court settles a disagreement between two parties to recover damages or receive compensation.

51. Procedure for civil cases  The plaintiff files a complaint to recover damages or receive compensation.  Cases can be heard by a judge or a jury.  Case decisions can be appealed to a higher court.

53.  Due Process of Law: The constitutional protection against unfair government actions and laws.  5th Amendment – Prohibits the national government from acting in an unfair manner.  14th Amendment – Prohibits the state and local governments from acting in an unfair manner.