1. The Federal Court System & the Judicial Branch
CHAPTER 11
2/17/2019
CHAPTER 8
The Federal Court System & the Judicial Branch
Section 1: The Federal Court System
Section 2: The US Legal System
Section 3: Supreme Court
The Federal Court System

2. Section 1: The Federal Court System
Objectives:
How is jurisdiction determined in the US court system
How is the federal court system structured?
How are federal judges selected?
What is the judicial branch’s role in the system of checks & balances?

3. Section 1: The Federal Court System
The authority of the lower courts to hear the initial trial—original jurisdiction—of cases involving:
the Constitution and federal laws
diplomats
treaties
the U.S. government
state governments
citizens of other countries or of more than one state

4. Section 1: The Federal Court System
The role of the lower courts:
resolving disputes
setting precedents
interpreting the law

5. Section 1: The Federal Court System
Issues raised by judicial activism and judicial restraint:
Federal judges overstep their powers through judicial activism.
If federal judges exercise judicial restraint, then the minority views and rights may go unheard and unprotected.

6. Section 1: The Federal Court System
Ways the courts’ power can be checked:
appointment process of justices
congressional power to pass amendments
refusal of states or individuals to obey judicial decisions

7. Section 1: The Federal Court System
Organization of the lower courts:
district courts
appeals courts
special courts

8. Section 1: The Federal Court System
Process by which the lower-court judges are selected:
selected by the Department of Justice or White House staffers
approved or disapproved by the Senate

9. Section 2: The US Legal System
Objectives:
How is the US legal system organized?
What are the phases of the trial process?
What are some major issues the US legal system faces?

10. Section 2: The US Legal System
Common law:
Based on decisions made in times when no law applied
based on the principle of negligence
originated in England when few written laws existed
Statutory law:
Passed by the local, state, and national governments
Has many purposes:
Create or eliminate programs or control government salaries
Control crime penalties or set limitations legal activities

11. Section 2: The US Legal System
Administrative Law:
Applies to government executive agencies
Rules that govern executive procedures
Civil law:
applies to private disputes
punishable by fines
Criminal law:
applies to actions prohibited by the government
punishable by fines or imprisonment

12. Section 2: The US Legal System
Law Enforcement:
Police Powers—right & duty to enforce the law
Any agency with police powers must enforce the law
Police powers only apply to laws passed by the government that created the agency—jurisdiction

13. Section 2: The US Legal System
Steps the accused goes through after arrest:
Appearance in court before a judge to determine if bail should be set
Preliminary hearing—judge decides if enough evidence exists against the accused to be formally charged
Indictment—the accused is formally accused before a grand jury or by an information
Arraignment—the accused is formally notified of the charges against him or her and is asked to enter a plea

14. Section 2: The US Legal System
Steps the accused goes through after arrest (cont.):
Jury selection— prosecution and defense choose a jury of 6 to 12 people for trial to begin
Trial—both sides present evidence and have witnesses testify about the case
Verdict—jury decides the guilt/innocence of the accused
Indictment—the accused is formally accused before a grand jury or by an information
Sentencing—judge sets punishment for the convicted defendant

15. Section 2: The US Legal System
Plea Bargain:
A deal made to avoid going to trial by pleading guilty to a less serious charge
Might reduce the sentence that he or she might have received if found guilty in trial.
Sentencing options in the criminal justice system:
Probation
Fines
Community Service
Imprisonment

16. Section 2: The US Legal System
Parole:
the early release of convicts from prison
determined by a parole board
based on the prisoner’s previous record and the facts of the crime he or she committed
set based on the time remaining on the sentence

17. Section 2: The US Legal System
The controversy of capital punishment
Arguments supporting it:
costs less than life imprisonment
deters people from committing murderous crimes
is a just punishment
Arguments opposing it:
has a costly appeals process
does not deter people from committing murderous crimes
may lead to the death of innocent people
is cruel and unusual
is discriminatory in the way its administered

18. Section 2: The US Legal System
Juvenile Justice System:
The offender is taken to a juvenile detention center—bail is usually denied
Juvenile court:
Judge decides whether to release the offender
Many states do not grant juveniles the right to a trial by jury
Juveniles found guilty may pay a fine or be sentenced to probation or community service
Emphasis is on correction rather than punishment

19. Section 3: The Supreme Court
Objectives:
How has the role of the Supreme Court changed over time?
How are the Supreme Court justices appointed, and what are their terms of office?
How does the Supreme Court operate?

20. Section 3: The Supreme Court
Changes in role of the Supreme Court:
powers grew to include judicial review
influence over the executive and legislative branches’ ability to pursue specific public policies increased

21. Section 3: The Supreme Court
Appointment process of Supreme Court justices:
The president appoints them.
The Senate approves or rejects the appointees.
Terms of office:
Justices can serve for life.
Each annual session lasts approximately eight months.

22. Section 3: The Supreme Court
Operation of the Supreme Court:
Lawyers file a written brief.
Justices hear oral arguments.
They have conferences to discuss the case and prepare their opinions.
Justices announce their decision.