1. Judicial Branch
Chapter 10

2. Journal Entry
What qualities do you think should be required to serve as a judge? Consider education, experience, and personal qualities
Warm Up Section

3. What Courts Do Solve legal conflicts in criminal & civil cases
Plaintiff brings complaint case to court
Defendant: other party against whom a case is made
Criminal Cases
Prosecution: brings case to court (“The People”)
Precedent: court decision that may be used to decide future cases

4. State & Federal Courts Most cases begin in lower, state court
3 levels w/in state courts
Trial court
Appeals court
Court of final appeals
Original Jurisdiction: first court case is heard, typically in trial court
Appeal: is made when plaintiff or defendant feels case verdict is unfair

5. State & Federal Courts (cont)
Appellate Jurisdiction: When appeals court hears case & reviews legal issues from 1st case
Can agree, disagree, overturn, or order another trial
Constitution prevents double jeopardy
Federal Supreme Court hears cases appealed from state courts. They interpret the Constitution, makes sure rights are protected

6. (General Trial Courts)NC
Supreme
Court
NC Court of Appeals
(Intermediate Appellate Court)
Superior Courts
(General Trial Courts)
Lower Courts

7. Organization of the Federal Courts& The Supreme Court

8. Warm-Up Use page 277 Analyze political cartoon featured on page
Write and answer questions:
1. Describe what is happening in the scene
2. What is the job of the man in blue?
3. What point is the artist making?

9. District Courts Only trial court
Plaintiff:
US Government
Defendant:
Accused
1 Judge
Jury
Has original jurisdiction
District Court= most of judicial work first to hear case
Est. 1789

10. US Court of Appeals If unhappy with ruling from District Court….
The next highest level of the federal court system 12 appellate courts
Court of Appeals = Circuit Court
No jury, no witnesses, doesn't look at evidence
Lawyers present to 3 judges & they decide
Appellate jurisdiction

11. Supreme Court Highest court in federal system
Final appeals court for state and federal
Has original jurisdiction in cases involving foreign gov’t or between states
Several courts at federal level: Court of Claims, Customs, Patent Appeals, Tax Court,

12. Type of Federal Court Cases
Constitutional Questions
Crime committed on federal property
Violation of federal laws
Disputes between states
Disputes involving foreign governments
Hey, this is important!

13. Federal Court Judges Nonpartisan chosen by President
Federal Court Judges
Nonpartisan
chosen by President
approved by Senate
serve life terms
only removed through impeachment/retirement/death
9 Supreme Court justices currently (8 + chief)

14. Work of Supreme Court
Chooses which cases to hear, usually Constitutional issues
Each side presents arguments, gives written briefs to judges, & discuss case
Chief Justice summarizes case & each justice comments and offers opinion
Justices vote and majority decides verdict of case

15. Judicial Review
The power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional
Judicial Review: most important power; allows court to say whether a law is allowed by Constitution
Important check of other 2 branches of govt
Supreme Court=final say in Constitutional cases; sets lasting precedent

16. Marbury vs. Madison 1803
Marbury vs. Madison: Marbury sues Sec. of State over gov’t job, went straight to Supreme Court, Judiciary Act of 1789=unconstitutional
Est. Judicial Review
Est. Supreme Court as interpreter of Constitution
1st time Supreme Court said act of Congress was unconstitutional

17. Brown vs. Board of Ed 1954
Supreme Court declared a state law unconstitutional
Racial segregation in public schools violated the Constitution
Violated the 14th amendment: “All citizens have equal protection under the law”

18. Bush vs. Gore 2000
Supreme Court decided outcome of presidential election
Manual recount of presidential votes in Florida would stop
Recount was unconstitutional: it could not be completed by the deadline

19. Criminal Cases & Procedures

20. Principles of Judicial Branch
Due process rights
5th amendment
Protection against unfair govt
Trial by Jury
6th amendment
Right to speedy, public trial by jury
Rights of Accused
5th, 6th amendments
Be informed of charges, cross examine witnesses
Right to attorney
Equal protection under law
14th amendment
All men are equal under law

21. Criminal Cases & Procedures

22. Criminal Cases
Court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or a felony, a more serious crime punishable by more than a year in prison

23. Arraignment Trial Sentencing
Arrest
Jail or Bail
Preliminary Hearing
Arraignment
Trial
Sentencing
Procedures in criminal case

24. Arrest Police can place someone under arrest if:
There is probable cause- reason to believe someone is guilty of a crime.
The police officer witnesses a crime.
An arrest warrant is issued.
Miranda rights must be read: right to remain silent, to have an attorney

25. Jail or Bail The accused may be committed to jail or released on bail.
Bail- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial

26. Arraignment First Meeting in front of a judge Bail is set
Attorney is appointed by the court if requested
Preliminary Trial date is set

27. Preliminary Hearing Guilty or not guilty plea is entered
Judge reviews probable cause (is there enough evidence to proceed to trial?)
Trial date is set

28. Trial (district court)
Prosecution- Government Attorney
Defense- Accused and Attorney
Jury is chosen
Opening Statements
Witness Testimony and Cross-Examination
Closing Arguments
Jury Deliberation- must find the accused guilty beyond a reasonable doubt.
Verdict

29. Sentencing
If a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.

30. Appeal
The convicted may appeal the case to a higher court if his/hers rights were violated or if there was an error in the court procedures.

31. Civil Cases

32. Civil Cases
The court settles a disagreement between two parties; often over money or harm to someone’s reputation

33. Plaintiff Person who feels that they have been wronged
Initiates (begins) law suit
Files complaint to recover damages or receive money
Describes plaintiff’s injury, asks court to order relief

34. Defendant Served copy of complaint
Defends themselves against complaint
Has to be proven guilty by a preponderance (majority) of the evidence

35. Settlement Jury Judge Judge explains law that is relevant in case
Determine if defendant is responsible for damages or compensation
Judge
Bench trial
Determines if defendant is responsible
Determines amount of damages or compensation

36. Decision
Court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to the Supreme Court

37. Juvenile Crime Juvenile = under 18
Juvenile Delinquent: Juvenile who commits an act that would be a crime if they were an adult