1. Silvester, Boyd & Aspinall Salem PES
Judicial Branch
Silvester, Boyd & Aspinall
Salem PES

2. Types of Law Criminal Law: Crimes against society
Civil Law: Disputes between individuals
Constitutional Law: Law governing lawmaking
Statutory Law: Written legislative law
Case Law: Laws by courts

3. Bench Trial

4. Grand Jury
Grand Jury:
Listen to evidence to see if someone should be CHARGED with a crime.

5. INDICTMENT OF JARED LEE LOUGHNER
SHOOTER IN TUSCON, AZ

6. Precedents

7. Basic Court Structure

8. -Congress creates lower courts. -Office Term “good behavior”
One Supreme Court
-Congress creates lower courts.
-Office Term “good behavior”
-Can’t reduce pay during term
Jurisdiction
-Appellate & Original
-Jury Trials except impeachment
-Trial held where crime committed
Treason…
………….there’s not much here.
Article III is VERY SMALL

9. Jurisdiction Exclusive: Courts with only right to hear case.
Concurrent: Cases may be heard in either Federal or State courts.
Original: Court that hears case first.
Appellate: Court hearing case on appeal from lower court.

10. Jurisdiction Examples
Exclusive: Supreme Court has Exclusive Jurisdiction in cases involving U.S. Ambassadors.
Concurrent: Arizona State authorities and U.S. Federal Authorities both sought to charge Loughner on murder counts.
Original: Federal Court in Oregon decided the Kyllo case for the first time.
Appellate: Supreme Court heard the Kyllo case on appeal after it travelled through the federal circuit.

11. What is the Essential Power of the Supreme Court?

12. Constitutional Question: Can the Supreme Court order Jefferson & Madison to deliver the commission to William Marbury?

13. and answer the corresponding questions for class discussion.
Marbury v. Madison 1803
Read
“The Decision”
and answer the corresponding questions for class discussion.

14. Judiciary Act 1789
SEC. 13. …. The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.

15. Bring a Case to the Supreme Court
Petition for Cert.
Rule of Four
Writ of Cert.
Docket
Briefs

16. Danny Lee Kyllo -Petitioner v. U.S.-Respondent February 20th 2001
Danny Kyllo -Petitioner
Ted Olson –Solicitor General

17. Supreme Court Case One Hour Trial 30 minutes per side
Questions from Justices at will … Look out!
Friday Conference “…most exciting day” Closed Chambers
Opinions:
Unanimous (Powerful – Marbury/Brown/Gideon)
Majority (5-4, 6-3, 7-2, 8-1)
Dissenting (Ginsburg-Lilly, Stevens-Texas, Harlan-Plessy)
Concurrent (I Agree but… for different reasons)

19. President Barack Obama
Sonia Sotomayor
Took Office
August ’09
Appointed
President Barack Obama
Confirmed
68-31

20. President Barack Obama
Elena Kagan
Took Office
August ’10
Appointed
President Barack Obama
Confirmed
63-37

22. Clinton ‘93
Reagan ‘88
Reagan ‘86
W. Bush ‘05
Clinton ‘94
Obama ‘10
W. Bush ‘06
Bush Sr. ‘91
Obama ‘09

23. Supreme Court Firsts Impeached: Samuel Chase Catholic: Roger B Taney
Jewish: Louis Brandeis
African American: Thurgood Marshall
Female: Sandra Day O’Connor
Most Famous: John Marshall, Earl Warren, Oliver Wendell Holmes, John Marshall Harlan,

24. Quick Power Point Exit Slip
1) What’s a Precedent? Why are they used?
2) What’s the Grand Jury do?
3) How large is Article III of the Constitution?
4) What’s Appellate Jurisdiction?
5) What type of Opinions can be written by justices who do NOT agree with the Majority?
6) What’s the current S.C. bench like today?
7) The person who brings his/her case to the Supreme Court is called the _________
8) What is Judicial Review?