1. A2: The Judicial Branch Basics Notes

2. I. Types of Law Civil Criminal Constitutional
These are laws that governs relations between individuals & defines legal rights
Has a Plaintiff and Defendant (think "Judge Judy")
Usually "damages" are sought as penalty ($)
Criminal
The Government is the plaintiff and people arrested are the defendants
Mostly tried in state courts (~98%)
Fine, prison time, or death penalty are consequences
Constitutional
Types of law used when deciding whether a law or action is allowed based on the Constitution
Sets limits on government's power & individual's rights

3. II. Structure of the Courts
State Courts (Iowa)
Designed by each state
Have authority in their state, but can be appealed to the Supreme Court
Federal (US) Court system
Constitutional Courts
Supreme Court (1)
Courts of Appeals (13)
District Courts (94)
Legislative Courts (specialized)
Military Appeals iv. Territorial Courts
Claims Court v. Veterans Courts
District of Columbia vi. Tax Court

4. III. Jurisdiction of the Courts
All Courts have restrictions about cases they are allowed to hear (jurisdiction)
Exclusive jurisdiction (Original Jurisdiction in federal courts)
Foreign relations
Federal Law
State to state
Constitution
Bankruptcy
Concurrent jurisdiction (Original Jurisdiction in State or Federal)
Some crimes
$50,000 claims or more
Dual sovereignty (tried under state & federal law)
Appellate Jurisdiction (Where cases go after appealed)

5. IV. The Supreme Court "The Court of Last Resort"
Ultimate authority for constitutionality of actions or laws
Original Jurisdiction: International or Interstate Cases
Very few cases get to to Supreme Court (roughly 80 cases a year – 1 out of 10 appeals)
8 Associate Justices & 1 Chief Justice = 9
Decide on which cases to hear based on appeals
Schedule a time (9 month session) for oral arguments (~30 mins. each side)
Debate together in complete privacy (no recording)
Issue ruling with written opinions, which explain decision & guide lawmakers
Majority Opinion -winning opinion
Concurrent Opinion- winning side, but for different opinion
Dissenting Opinion -why someone chose against the majority (almost always one of these.... rarely a unanimous decision)

6. V. Checks & Balances Judicial Checks other Branches by:
Declaring Laws or Executive Actions unconstitutional
(judicial review)
Executive Checks Judicial by:
Nominating Justices
Actually enforces decisions (no way for Court to enforce its own decisions)
Legislative Checks Judicial by:
Senate confirms Presidential nomination
Can impeach Justices for crimes (bribery)
Organizes federal court system under the Supreme Court
Can Amend the Constitution