1. American Government Spring 2016
Judicial Branch Notes
American Government
Spring 2016

2. Role of the Judicial Branch
The Judicial Branch Exists to Interpret Laws
They are the final say on the legality of laws passed by Federal and State Governments

3. The Highest Court in the Land
Supreme Court
Chooses what cases it WANTS to hear
9 Justices
Serve for LIFE, or until they want to retire
Appointed by the President and approved by Senate
President appoints all Federal Judges, to include Supreme court Justices

4. The Courts of Appeals Appellate Court Jurisdiction
REVIEW DECISIONS made by lower courts
Appellate Court Jurisdiction
The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.
Original Jurisdiction
Hearing the case first
Appellate Court Judges
Altogether, 179 circuit judges sit in the 12 appeals courts.
A Supreme Court justice is also assigned to each of the circuits.
If a party in a trial feels they are treated unfairly they can appeal the case to the Appellate Court

5. Jurisdiction Original Jurisdiction
The Authority of a court to hear a case first
Appellate Court Jurisdiction
The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.

6. Judicial Principles Due Process
Forces Government to respect individual citizen rights
Holds the Government accountable to the Law of the Land (The Constitution)
Guides Courtroom Proceedings

7. Judicial Principles Precedent
Establishing a principle or rule that a court may utilize when deciding subsequent cases with similar issues
Binding Precedent
Decisions that must be upheld
Made by Higher Courts
Persuasive Precedent
Decisions that are NOT required to be upheld
Made by lower courts, or courts outside the direct chain of command

8. Judicial Principles Judicial Review Judicial Restraint
Allows courts to declare Acts and cases unconstitutional
Separation of Powers in principle
Judicial Restraint
Stare Decisis-To stand by decisions and not disturb the undisturbed
Judicial Activism
Judges allow their personal views about public policy, to guide their decisions

9. Rights of the Accused Right to a Fair Trial Right to a Speedy Trial
Right to a Jury
Right to Counsel
Presumption of Innocence
Prevention of Self Incrimination
Double Jeopardy (Cannot be charged with same crime twice)

10. Inferior Courts Must be Created BY CONGRESS
A court of limited jurisdiction
District Courts
Appellate Courts
Any court other than the Supreme Court
Idaho Supreme Court
Idaho Circuit Courts

11. Federal vs State Crimes
Supremacy Clause (Article VI, Clause 2)
Interstate Commerce Clause (Article I, Section 8, Clause 3)
Case must be nationally significant
Case must cross state lines
State
First consider Federal Law
Some laws are duplicates
States regulate everything not regulated by the Federal Government

12. Scenario
What about this? Joe gets drunk in San Francisco, drives to Las Vegas, stops to make an obscene gesture to a Federal Senator, and then he is arrested, still under the influence. Who gets Joe, the Feds or Las Vegas Police?

13. Answer:
The locals. His driving across the state line drunk has no national significance to the Feds. He did not threaten the Senator, and has a right to free speech, so his only offense is local drunk driving.

14. Civil vs Criminal Criminal
Type of law that covers actions forbidden by a society’s government
Punishable by imprisonment
Read as: Government (US, Idaho, Ada County) vs Defendant (aka your last name)
EX: U.S. vs Hitchcock (Prosecution vs Defendant)

15. Civil vs Criminal Civil
Private party (a corporation or individual person)
Files the lawsuit and becomes the plaintiff
EX: Smith vs Hitchcock (Plaintiff vs Defendant)
Defendant: Can be in either civil or criminal but always has the case brought against them

16. Citizen Participation
Jury Duty-Citizen Participation in our Judicial Process
Actually, most people have had good experiences on Jury Duty
For more information:

17. Citizen Participation
Testifying As a Witness
Required if officially summoned
Can be arrested if you do not show