1. The Judicial Branch

3. Legal Conflicts

4. Criminal vs. Civil Conflict
CRIMINAL: legal measures passed by a legislative body to protect the welfare of society and provide punishments for those who fail to comply.
Could be punished with:
Prison, fines, probation or similar penalties
BURDEN OF PROOF:
Must be found guilty BEYOND A REASONABLE DOUBT
CIVIL: legal measures between a private party and a private party and the government
One party suing another for DAMAGES
BURDEN OF PROOF
Must only find a PREPONDERANCE OF EVIDENCE

5. Dual Court System

6. Judiciary Act 1789 Created a dual court system
Set up alongside already present state courts
Jurisdiction is limited by three factors
Court hierarchy
Geographic reach
Type of case

7. JURISDICTION JURISDICTION: The court who hears the case.
Cases heard by the Judicial Branch deal with National Issues.
TYPES:
ORIGINAL- the first to hear a case
APPELLATE- hears cases that have already been decided and the losing party wants another chance to prove their point.
EXCLUSIVE – the only court that can hear the case.
CONCURRENT – the case is heard at the state level first and then at the national level.

8. The Judicial Branch
Jurisdiction – The Authority to hear and decide a case. Federal Jurisdiction extends across 9 categories. 1. The Constitution- If you feel your constitutional rights have been violated, you have a right to have that heard in a federal court. 2. Federal Laws- Federal courts try people accused of committing federal crimes. 3. Disputes Between States- Disagreements between states are resolved by federal courts. 4. Citizen from Different States- lawsuits between citizens of different states are heard in federal courts.

9. The Judicial Branch
Jurisdiction – The Authority to hear and decide a case. Federal Jurisdiction extends across 8 categories. 5. The Federal Government- All suits brought against the Federal Government are tried in Federal Courts. 6. Foreign Governments- Disputes between foreign governments and the U.S. are tried in federal courts. 7. Maritime Laws- Cases involving crimes and accidents outside U.S. waters. 8. U.S. Diplomats- All cases involving U.S. diplomats are tried in Federal Courts.

10. The Organization of the Judicial Branch

11. The Judicial Branch
3 Levels of Federal Courts 1- The U.S. Supreme Court 2- The U.S. Courts of Appeals (Circuit Courts) 3- The U.S. District Court Their Objective- to settle civil and criminal disputes by making sure that the law is applied equally and justly in all cases.

12. The 94 District Courts The lower courts of the Judicial Branch
50 States / 89 federal judicial districts + 1 federal judicial district for D.C. Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands = 94 Federal District Courts

13. Structure U.S District Courts
CHARACTERISTICS
Every state has at least one
Has Original Jurisdiction- hears case for the 1st time
Has witnesses testify and juries to decide
***Judges & Juries Serve
Decision Type
Guilty or Not Guilty. Responsible for determining facts of the case and present a verdict of guilt

14. Structure U.S. Court of Appeals
CHARACTERISTICS
Appellate jurisdiction – reviews decisions of lower courts.
Determines if the judge followed the procedures or if new evidence presented
***Judges Only
Decision Type
Uphold or Reverse lower courts decision or send case back down to be tried again

15. Structure U.S. Supreme Court
CHARACTERISTICS
Highest court in the land
8 Associate Judges + 1 Chief Justice (5 votes to win)
Judicial Review- review federal, state, and local laws to see if they are constitutional
***Judges Only
Decision Type
Constitutional or
Unconstitutional

16. Structure U.S. Supreme Court
CHARACTERISTICS
Only hears certain cases that involves a significant question.
Mostly if it involves the Bill of Rights, other amendments, or Governmental power
Chooses cases that involve legal, not political issues that can effect the entire nation

17. Supreme Court Steps in Decision Making
1. Written Arguments: hear written arguments from each side

18. U.S. SUPREME COURT Must be Appointed by the President
-Confirmed by the U.S. Senate
Lifetime Appointments
Hear Constitutional Cases.
Cases must have gone through the Inferior Courts.
Majority Vote needed to win. (5)

19. Supreme Court Justices
Supreme Court Justices can retire:
At age 70
Must have served 10 years to receive full salary for life
At age 65
Must have served 15 years to receive full salary for life
Current (2009) salary for the Chief Justice is $217,400 per year, while the Associate Justices each make $208,100
Chief Justice
$217,400 per year
Associate Justices
$208,100

20. Maintain their neutrality
Appointed for a life term …rationale?
Maintain their neutrality
Protect the rights of people to express unpopular views
Promote consistent interpretations of laws

21. Supreme Court Justices
Vary in their political and legal philosophies...
Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values.
Judicial Restraint Follow a strict interpretation of the Constitution
Believe judges should also follow precedent

22. Supreme Court Cont. Convenes: When: The first Monday in October
Length of session: Approximately 9 Months
Hear Cases: Monday through Thursday
Decisions: Announced the following Monday
Justices:
Who: Judges on the Supreme Court
Term: Life or until reassignment
Appointment: Nominated by the President, Confirmed by Senate
Number: 9 Justices
1 Chief Justice
8 Assistant Justices

23. SUPREME COURT CONT. OPINIONS OF THE COURT: RULINGS ARE FINAL:
Majority Opinion – 5 out of 9 Justices
Concurring Opinion – This is written by Justice(s) who agree with the ruling.
Dissenting Opinion – This is written by the Justice(s) who disagrees with the ruling.
RULINGS ARE FINAL:
Unless, a later Supreme Court case overturns it.

24. How a Case Reaches the Supreme Court

25. Supreme Court Steps in Decision Making
2. Oral Arguments – Lawyers present case for 30min each. Justices ask questions

26. Supreme Court Steps in Decision Making
3. Conference – judges get together in secret to discuss the verdict.
A majority of 5 justices in needed for a final verdict

27. Ruling and Opinion Writing
Majority Opinion – presents the winning views of the judges.
- Provides facts, courts reasoning, and can create a precedent for future cases
Dissenting Opinion – written argument by the minority judges who disagree with the ruling