1. American Government Notes
The Judicial Branch
American Government Notes

2. Dual Court System
The U.S. has a dual court system, which means that we have federal and state courts that work side-by-side.

3. U.S. Supreme Court State Courts Federal Courts State Supreme Courts
U.S Courts of Appeals
Intermediate Appeals Courts
U.S. District Courts
Trial Courts of General Jurisdiction
Trial Courts of Limited Jurisdiction

4. What is jurisdiction? Which courts can hear what Federal State
Supreme Court
Cases involving federal law
Cases involving state law
All cases

5. Marbury v. Madison Establishes judicial review
The Supreme Court can declare acts of Congress unconstitutional
Makes Supreme Court an independent and co-equal branch of government

6. How does the Supreme Court decide cases?
The Supreme Court has both original and appellate jurisdiction BUT most cases are appeals from lower courts.
The Supreme Court is the court of last resort!

7. Writ of certiorari
The party that lost an appeal in a lower court explains why the Supreme Court should hear the case
4 out of the 9 justices must agree to hear the case. If not, the decision of the lower court stands.
Called the Rule of 4.

8. Solicitor General
Serves as the link between the executive branch and the judicial branch.
Plays a key role in setting the Court’s agenda.
Does most of the research for Supreme Court cases that involve the federal government
Almost ½ the cases decided by the Supreme Court involve the federal government.

9. Decisions of the Supreme Court
Majority opinion – Chief justice (or senior justice in the majority) explains ruling
Dissenting opinion – explains the argument of the minority
Concurring opinion – explains any differing arguments for the majority opinion

10. Judicial Activism vs. Judicial Restraint
Judicial Activism (Liberal)
Judicial Restraint (Conservative)
Supreme Court has the right and duty to use judicial review to overturn bad precedents and promote socially desirable goals
Judicial Review should be used sparingly, especially when dealing with controversial issues

11. Criminal
Justice
System

12. Types of Crimes Misdemeanor Felony
Minor crime, typically punished by fine or less than one year in prison (petty theft, disturbing the peace, traffic violations)
Serious crime punished by more than 1 year in prison (Grand theft, armed assault, murder)

13. Grand Jury
A group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted

14. Indictment
Formal accusation of criminal behavior handed down by a grand jury; means the accused will be brought to trial

15. Arraignment
Where person accused of crime is informed of charges and makes a plea of guilty or not guilty

16. Plea Bargain
Agreement in which the defendant (accused) pleas guilty for a lesser charge or sentence

17. Restitution
Offender pays victim for loses, damages or injuries resulting from a crime

18. Incarceration
Imprisonment for punishement for a crime

19. Due Process
The government cannot treat criminal suspects unfairly (you must be told about your charges and have right to a trial)

20. Miranda Rights
Miranda v. Arizona in 1966 upholds due process and protects your rights during an arrest and interrogation

21. Process in Criminal Justice
Crime is committed
Arrest
Pre-Trial
Grand Jury (if a major crime)
Indictment
Trial
Possible Plea Bargain
Arraignment
Jury Selection
Jury deliberation
Sentencing
Appeals
Incarceration (Release after sentence is served or parole)