1. THE JUDICIAL BRANCH AND LEGAL SYSTEM
UNIT V
THE JUDICIAL BRANCH
AND
LEGAL SYSTEM

2. I. Laws Types The Need For Laws Statutory Law Common Law/Precedent
Administrative Law
Constitutional Law
The Need For Laws
Prevent Anarchy
Protects Freedoms
Protects Safety, Property
Represents Majority’s view of right & wrong

3. II. Function of Judicial Branch
Interpret laws
Settle Disputes
people vs. people
people vs. gov’t
people vs. business
business vs. gov’t
To Insure Equality under the Law
Punish Lawbreakers

4. III. Structure of Judicial Branch
Federal Courts Jurisdiction and Cases
Jurisdiction/Types of Cases
Disobeying the Constitution
Violating a Treaty of the U.S.
Breaking a law of Congress
Foreign Nation sues the U.S. Gov’t/citizen
U.S. Diplomats breaking foreign laws
Crimes committed on U.S. ships at sea
Crimes committed on Federal Property
Disagreement Between States

5. Original Jurisdiction/Case Types
U.S. District Court
U.S. Claims Court
U.S. Custom Court
Territorial Court
Tax Court
U.S. Court of International Trade
Appellate Jurisdiction/Case Types
U.S. Supreme Court
U.S. Court of Appeals
Court of Military Appeals
Circuit Court of Appeals

6. http://www.nccourts.org/ State Courts Jurisdiction & Cases
Original Jurisdiction/Local/Case Types
District Court/Trial
Superior Court/Trial
Traffic, Family, Small Claims, Juvenile
Appellate Jurisdiction/Case Types
State Supreme Court
State Appeals Court

7. IV. Key Gov’t Officials Supreme Court Justices
8 Associate Justices & 1 Chief Justice
Appointed by President
Approved by Senate
Serve for Life
Can be Impeached for Wrongdoing

8. Qualifications Federal Judges Lawyers Judge on lower court
Share political belief of President
Federal Judges
Appointed by President
Approved by Senate
Appointed for life
Can be impeached for wrongdoing

9. District Court District Court Judge U.S. Marshall U.S. Magistrate
U.S. Attorney

10. V. U.S. Supreme Court Cases
Marbury v. Madison/Judicial Review
Gibbons v. Ogden
Plessy v. Ferguson
Brown v. Board of Education of Topeka
Miranda v. Arizona
Tinker v. Des Moines
Leandro Case 1997

11. Roe v. Wade
Bakke v. California
Wallace v. Jaffree
Baker v. Carr
Mapp v. Ohio
New Jersey v. T.L.O.
Hazelwood v. Kuhlmeir
McCulloch v. Maryland
Gideon v. Wainwright

12. VI. Responsibility & Jurisdiction of Law Enforcement
Federal – FBI, ATF, DEA, U.S.Marshals
State – SBI, State Troopers
Local – Sheriff, City Police, Fish and Wildlife
Responsibilities
Prevent Crime
Protect Life & Property
Arrest Violators of Law

13. Criminal Justice System
Protect Rights of Suspects & Witnesses
Maintain Peace & Order
Traffic Control
Criminal Justice System
Police, courts, prison

14. Legal Process Arrest Booking Preliminary Hearing Indictment
Arraignment
Trial
Sentencing
Plea Bargaining

15. VII Crimes 1. Crimes against persons A. Murder B. manslaughter
C. Aggravated Assault
2. Crimes against Property
A. Burglary
B. Larceny
C. Robbery
D. Vandalism
E. Arson
F. Victimless crimes. Drugs, gambling
3. White Collar Crimes
A. Embezzlement
B. Fraud

16. VIII. Punishment Prison max, med, min, parole, probation
Fines, Restitution, Capital Punishment
House Arrest, Community Service