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Published byErika Wheeler Modified over 8 years ago
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Judicial Branch Interpret the Laws Uphold the Constitution Judicial Review- the power of the Supreme Court to review laws and acts and declare them unconstitutional Jurisdiction- authority of a court to hear a case
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Jurisdiction of the Courts U.S. has a dual court system (state & federal courts) Federal Courts hear cases involving U.S. laws, foreign treaties, and the interpretation of the Constitution
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Types of Jurisdiction Original Jurisdiction- first court to hear the case Concurrent Jurisdiction- when both federal and state courts may hear the case Appellate Jurisdiction- authority of a court to hear cases appealed from district courts
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Developing Supreme Court Power Supreme Court has become the most powerful court in the world No federal court, including the Supreme Court may initiate action (bring suit) Federal courts only determine cases, they never simply answer a legal question
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Marbury v. Madison Chief Justice Marshall’s ruling in Marbury v. Madison (1803) gave the Supreme Court power to review acts of Congress, this is called judicial review Marshall broadened federal power at the expense of the states
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Due Process Supreme Court’s rulings on the Reconstruction Amendments (Amendments 13,14,15) eventually applied these amendments to economic policies Due Process- no state may deprive a person of life, liberty, nor property without due process of the law
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Plessy v. Ferguson & Brown v. The Board of Education of Topeka 1896, the Court established the “separate but equal” precedent 1954, this was reversed in the case of Brown v. Board of Education of Topeka
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Constitutional Courts Federal courts were created by Congress for civil and criminal cases Civil case- case involving two or more private individuals or organizations Criminal case- case in which the state brings charges against a citizen for violating the law
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Types of Juries Grand Jury- hears charges against a person accused of a crime and determines whether there is sufficient evidence for a trial Petit jury- (aka trial jury) consists of 6-12 people who weigh the evidence presented at trial and render a verdict decides if a person is innocent or guilty
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District Courts Carry the main burden in federal cases Vast majority of final decisions are made in District Courts Many appointed officials provide services for district courts.
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Court of Appeals Thirteen Courts of Appeals They ease the appellate workload of the Supreme Court The courts of appeals may decide to uphold the original decision, reverse the decision, or send the case back to the original court to be retried
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Legislative Courts Congress created a series of legislative courts to help Congress exercise its power Courts Congress created include: U.S. Court of Federal Claims; the United States Tax Court; the U.S. Court of Appeals for the Armed Forces; territorial courts, courts of the District of Columbia, and the Court of Veterans’ Appeals
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Selection of Federal Judges President has the power to appoint all federal judges Senate must approve the appointments Presidents often appoint judges from their own political party or who share their points of view
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Selection of federal judges cont. Selecting judges for trial courts follow the practice of senatorial courtesy Almost all federal judges have legal training Many have served as state court judges More women and minorities have been appointed since 1970
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Supreme Court Jurisdiction Has both appellate and original jurisdiction Has original in cases involving representatives of foreign governments and those involving a state as a party
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Supreme Court Justices Nine Justices since 1869; only Congress can change the number of justices Eight associate justices and one chief justice Congress sets the salary of the justices and may not reduce it
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