1. Unit IV: The Judicial Branch
The Third Branch of Government

2. Function Interprets laws—clarifies and defines
where Constitution or law is vague
Punishes lawbreakers
Settles disputes
Decides if laws are constitutional

3. Dual Court System State Courts—determined by each state
Federal Courts—determined by Congress and Article III of Constitution
Similar structure for different laws/scope
US Supreme Court may be reached through each system
Jurisdiction—which court has the authority to hear a case?
Original—trial court, witness, jury, evidence
Appellate—panel of judges, reviews
Concurrent—shared authority

4. US Federal Courts Cont. US District Courts
94 Total
Only federal court in which jury trial are held
Original jurisdiction
Cannot hear cases on appeal
US Court of Appeals (appellate)
12 Regional Circuits
US Supreme Court
9 Justices
Mostly Appellate
Supreme
District Court
Appeals

5. US Federal Courts Cont. Judges--Not Truly Democratic
All judges and justices are appointed
All serve life terms
Non partisan-- to remove politics from decisions
Citizens have an indirect influence on judges/justices
Juries—”A Jury of One’s Peers”
Average citizens
Duty
Non-professional
A way for citizens to participate in process

6. MN Court System MN District Courts (10)
Original jurisdiction
Jury trial
MN Special Courts in each District
Juvenile, conciliation, probate, family, traffic, etc.
MN Court of Appeals (1)
MN Supreme Court (1)

7. MN Court System Selection Process more Democratic Elected positions
Can be appointed by governor
6 year term
Non partisan

8. Making Judgments: What is Your Ruling?
In your opinion, should judges be elected, as they are at the state level, or appointed, as they are at the federal level? Explain.

9. Checks and Balances

10. Checks and Balances

11. Criminal v. Civil Law Criminal Civil
Cases involving a crime, the government, and punishable by jail time
Prosecution, Defense, Defendant
Felony or Misdemeanor
Civil
Cases involving personal damage/injury, broken contracts, or property and involves money
Plaintiff, Defense
Class action lawsuit, conciliation court—small claims

12. Burden of Proof Beyond a Reasonable Doubt—criminal
A higher standard for prosecution to prove guilt beyond a reasonable doubt
Unanimous verdict of the jury
Innocent until proven guilty
Preponderance of the evidence—civil
A lower threshold-- More than likely true
More true than not true means a jury does not have to reach a unanimous verdict

13. Role of the Jury

14. Does a Jury Ensure Justice?

15. The Impact of the Media

16. The Supreme Court “The court of last resort”
Key Terms
Writ of Certiorari
Docket
7000 requests, less than 200 cases heard
Brief
Judicial Review
Types of Cases Heard
Constitutional
Matters of the law
Involve the entire country

17. Supreme Court
It grew from humble origins into a true third branch of government
An independent judiciary
Importance of history and rulings
John Marshall
Judicial Review
Superiority of Federal v. State governments
United court rulings instead of each judge ruling independently
Independence from other branches

18. The Current Supreme Court

19. Supreme Court Steps in a Case More on Opinions Opinion Writing
Types
Majority, Unanimous, Concurring
Dissenting
Opinion Writing—Parts
Facts, ruling, and reasoning
Set Precedents
Justices can still change their minds but justices are assigned to rite opinions based on vote
Written Arguments
Briefs submitted
Justices review prior to case
Oral Arguments
30 minutes to summarize case
Answer questions
Conference (in secret)
Justices share first decisions
A majority of 5 or more decides
Opinion Writing
Announcement

20. JUDICIAL REVIEW Marbury VS Madison
Gives Supreme Court power of JUDICIAL REVIEW
Court can rule acts of Congress, state governments, and acts of the President unconsitutional
Key power of the Supreme Court

21. Reasons for Court Decisions
The Law
Precedent--“stare decisis”— let the decision stand—this makes the law predictable
Supreme Court is in position to change its position
Clarify law
Personal Beliefs
Justices are human and have life experiences that make them unique
Social Conditions
Somewhat insulated from public pressure— it is still sensitive
“Separate but equal” from social conditions changed
Legal Views
Strict v. loose interpretation (construction) or judicial activism v. judicial restraint
Judicial Review

22. Who should be the Judge?

23. Judicial Temperament
Chief Justice John Roberts—”offered one of the best definitions of judicial temperament, which he said involves a judge's willingness to ‘factor in the Court's institutional role,’ to suppress his or her ideological agenda or desire for personal attention in the interest of achieving consensus and stability. ‘It's the difference between being a judge and being a law professor,’" Roberts said.

24. Segal Cover Score

25. LANDMARK CASES PLESSY VS. FERGUSON BROWN VS. BOARD OF ED
MIRANDA VS. ARIZONA
KOREMATSU VS. UNITED STATES
ROE v. WADE
GIDEON VS WAINWRIGHT
MARBURY VS MADISON

26. BROWN VS BOARD OF ED Overturns Plessy VS Ferguson
“Separate is inherently NOT equal”
Helps spark Civil Rights movement

27. MIRANDA VS. ARIZONA Miranda Rights
“You have the right to remain silent….”

28. KOREMATSU V US World War II Japanese Internment Camps
Executive Order #9066
Gave President the right to imprison thousands of Japanese Americans

29. ROE VS. WADE Controversial
Says states can not ban abortion in the first three months of pregnancy
South Dakota?

30. GIDEON VS. WAINWRIGHT
Ruled that accused persons who can not afford a lawyer for their trials must be given one free of charge in state cases

31. Political Cartoons Political Cartoons can be seen as primary sources
What clues does the author provide?
What is the time? Issue?
Look for symbols? Size of objects? Caricatures?
What is the purpose—what does the author hope to prompt, evoke, or influence?
What is the point of view?
What is the main idea?
LET’S PRACTICE

32. Court Packing or Intimidation?

35. Who has the advantage?

36. Election 2012?

38. Does the author of cartoon approve of court decision?

39. Power of Appointment

40. Court and the Constitution

42. How many Law Schools are there?

45. caption?--A jury of One’s Peers or Impartial jury

46. Burning the evidence

48. Lady Liberty