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The role of the Judicial Branch is to …

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Presentation on theme: "The role of the Judicial Branch is to …"— Presentation transcript:

1 The role of the Judicial Branch is to …

2 Interpret the laws and is executed by the Supreme Court and the court systems

3 What is civil disobedience?

4 Exercise of peaceful protest

5 Criminal law covers

6 Actions forbidden by a society’s government and is punishable by imprisonment

7 Two examples of required citizen participation in the court system are…

8 Witnesses and jury duty

9 The judicial system is funded by…

10 Our taxes

11 Two types of court systems

12 Federal and state courts

13 State courts are predominately for what type of court cases?

14 Cases where people break state and local laws and do not meet federal requirements

15 Federal courts are predominately for what type of court cases?

16 Where people break federal laws or a case involving diversity of citizenship (from two different states) ex. Break a law in one state, but travel over state lines.

17 The Constitution created which court…

18 Supreme Court

19 The Constitution gave Congress the power to create these…

20 all lower courts

21 There is an established hierarchical path that a case must follow in the court system, starting with the…

22 Lower courts and moving to higher courts

23 Idaho state courts follow the same processes and procedures as the…

24 Federal Courts

25 Supreme Court appointment process

26 Appointed by president, confirmed by the Senate

27 It is the highest court of the land and has the power to make landmark decisions that affect all Americans

28 Supreme Court

29 Supreme Court justices serve for…

30 Fired, retired, expired

31 Number of justices of the Supreme Court

32 9

33 Typical route of appealing a case to the Supreme Court

34 Federal District Court – Federal Appeals Court – The Supreme Court

35 An order by the Supreme Court directing a lower court to send up the record in a given case for review

36 Writ of certiorari

37 Does the Supreme court have to hear all cases?

38 No

39 Judicial review is…

40 Supreme Court’s ability to check the legislative and executive branches by determining the constitutionality of a law.

41 The Supreme Court’s power of judicial review came from what case?

42 Marbury v. Madison

43 What are the two types of jurisdictions?

44 Original and Appellate

45 Original jurisdiction is…

46 Hearing the cases the first time for fact finding or finding out what happened

47 Appellate cases are…

48 Cases heard on appeal…for legal finding or if you think a legal mistake was made in a lower court

49 The court systems must be guided by…

50 Principles of due process, equal protection, and rule of law

51 What is due process?

52 Both the Federal government (5th Amendment) and the State governments (14th Amendment) cannot deprive any person of life, liberty, or property

53 What is the equal protection clause?

54 14th Amendment…States and their local governments cannot draw unreasonable distinctions between classes of persons. (Supreme Court has held that the 5th Amendment does the same for the Federal government)

55 Rule of law means…

56 Government and its officers are always subject to the law

57 …act as a common law; they are rulings from higher courts that help lower courts rule.

58 precedents

59 …the belief that the Supreme Court justices should actively make policy and sometimes redefine the Constitution

60 Judicial activism

61 Judicial restraint is the belief that…

62 Supreme Court justices should not actively try to shape social and political issues or redefine the Constitution.

63 Prevents unjust arrests and imprisonments

64 Writ of habeas corpus

65 The person who files suit or some other legal action against another

66 plaintiff

67 The person whom a court action is brought against

68 defendant

69 Right to counsel was guaranteed by what case?

70 Gideon v. Wainwright

71 What case overturned Plessy v. Ferguson’s separate-but-equal doctrine

72 Brown v. Board of Education

73 Police must inform you of your constitutional rights before questioning because of this case.

74 Miranda v. Arizona


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