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Chapter 8 Section 1
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Which Branch is the law enforcing branch of government?
Focus Question Which Branch is the law enforcing branch of government?
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Equal Justice for All Federal Courts make up the third branch of government Judicial branch Courts use the law to determine civil disputes 3 levels of courts Each and every person is treated equally Everyone is innocent until proven guilt Everyone is provided representation In theory however not everyone is equal
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The Federal Court System
Court Systems Supreme Court Circuit court of Appeals District Courts State courts Are below all three braches of federal courts Jurisdiction Courts authority to hear and decide cases 8 kinds of cases
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Federal Court Cases Exclusive Jurisdiction
Cases Involving the Constitution Violations of Federal Laws Controversies Between States Disputes Between Parties from Different States Suits Involving the Federal Government Cases Involving Foreign Government and Treaties Cases based on Admiralty and Maritime Law Cases Involving U.S. Diplomats Concurrent Jurisdiction The state and the federal government both have the power to try someone
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Section 2
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What are the three levels of federal courts?
Focus Question What are the three levels of federal courts?
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U.S. District Courts District Courts-94 District Courts
Trials are held Every state has at least 1 district court other have as many as 4 All federal cases begin in the district courts They are the original jurisdiction Trial Court Determine if someone is innocent based on evidence Only federal court in which witnesses testify and juries hear cases
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KY has 2 Federal District Courts
KY District Courts KY has 2 Federal District Courts
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U.S. court of Appeals Appellate Courts Appellate jurisdiction
Review decisions made in lower courts Appellate jurisdiction Ability to hear appeals 12 court of appeals Each covers a geographic region 6-27 judges per appellate court Making a Decision Don’t hold trials 3 ways to decide Uphold original decision Reverse the decision Remand (send back to the lower courts)
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Making a decision 3 or more judges are present Announcing the Decision
Lawyers make their cases Majority vote Lawyers may appeal to the U.S. supreme court Announcing the Decision One judge writes the opinion Detailed explanation of legal thinking Sets a precedent Future courts can look at the information
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Federal Judges 550 district court judges
6-27 judges per appellate court 9 justices Selection and Tenure President appoints the judges Senate approves them Appointed for life Only way to get rid of them is impeachment Reflects the president
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Other Court Officials Magistrate Judge U.S. attorney Marshall
Takes care of the judges routine work Filing claims Posting bail U.S. attorney Government lawyers 4 year terms Marshall Federal police Make arrest Collect fines Place people in prison
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Section 3
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How many federal appellate courts do we have?
Focus Question How many federal appellate courts do we have?
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Supreme Court Justices
The court stands above all other courts Decides whether laws are allowable under the U.S. constitution Original jurisdiction in 2 cases preside over cases involving diplomats Preside over disputes between states All other cases come from Appellate courts
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Supreme Court Supreme Court is the final authority
8 justices 1 chief justice Write opinions and the dissenting decisions Congress can change that number if necessary Main Job: hear and decide cases Over 1,500 cases presented each year Only hear cases Can only hear that many because of time
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Selection of Justices President appoints them
EOP, cabinet, and other groups influence decision of the president Senate must approve the selection Usually their political party Not always the case Salary Chief $223,000 Associate $213,000 Background 1968 first African American 1981 first woman
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Powers of the Court Judicial Review (Marbury v. Madison)
What is law What is and is not constitutional Interpreting laws Usually difficult to interpret some laws Court has to interpret hundred of laws Each person and court interprets the law differently
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Limits on the courts Powers
There are restrictions on the courts Executive Branch usually follows the judicial branches ruling President can dismiss a ruling Justices can be impeached Exception clause-congress can vote to remove the courts jurisdiction over cases Court can only make ruling on cases that come to it
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Seated left to right: Justice Thomas, Justice Scalia, Chief Justice Roberts, Justice Kennedy, Justice Ginsburg. Standing left to right: Justice Sotomayor, Justice Breyer, Justice Alito, Justice Kagan.
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Section 4
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How many Justices are in the supreme court?
Focus Question How many Justices are in the supreme court?
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How the Court Decides a Case
Cases go on the Docket Steps in Decision Making Written Arguments Oral Arguments Conference Opinion Writing (majority wins) Announcement
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Benefits $223,500 Salary Franking privileges Travel Vouchers
Vacation Expenses Cases can cost the defendant between $100,000-$250,000
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Focus Question What is a Docket?
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Which case(s) deal with freedom of Religion?
Which case(s) deal with freedom of Expression? Which cases(s) stated the separate but Equal clause was legal? Which case(s) infringed upon the 4th amendment? Which case(s) overturned the separate but equal clause? Which case(s) questioned the constitutionality of free vs slave states? Which case(s) infringed upon a person 5th amendment protections? Which case(s) involved the criminal syndication Act being violated? Which case(s) established judicial review? Which case(s) dealt with Espionage? Cases Brown vs. Board Plessy v. Ferguson Dred Scott v. Sanford Reynolds v. Utah Yoder v Wisconsin Tinker vs. Des Moines Minersville School vs. Gobitis Mapp vs. Ohio Schneck vs U.S. Whitney vs. California Marbury vs. Madison Dejong vs. Oregon Miranda vs. Arizona Weeks vs. U.S Gitlow vs. New York
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What are the two main political parties?
Focus Question What are the two main political parties?
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Quiz What are the three levels of federal courts?
How many supreme court justices do we have? What is a docket? What are the two powers of the court? Who appoints Supreme Court Justices? What are the 8 types of cases that only a federal court will hear? Which level of the court is the only one that has a jury? What are the five steps in the decision making process? How many cases does the supreme court hear each year? How long do Justices serve?
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