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Article III of the US Constitution

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1 Article III of the US Constitution
The Judicial Branch Article III of the US Constitution

2 US Court System State courts: Federal courts:
Jurisdiction over state laws Federal courts: Jurisdiction over: US Laws Foreign treaties Interpretation of the Constitution Concurrent Jurisdiction: Shared by the state & federal courts Involved in disputes between citizens of different states

3 Federal Courts Supreme Court
Federal Circuit Courts (part of the Federal Appellate Courts) Federal District Courts Federal Courts

4 Supreme Court Judges Requirements: Removed from office by impeachment:
Nominated/Appointed by the president Approved/Confirmed by the Senate Appointed for LIFE No qualifications 9 judges Removed from office by impeachment: Treason Bribery High crimes & misdemeanors President often appoints judges who share their own points of view on key issues

5 HUGH P. THOMPSON, Chief Justice P
HUGH P. THOMPSON, Chief Justice P. HARRIS HINES, Presiding Justice ROBERT BENHAM, Justice CAROL W. HUNSTEIN, Justice HAROLD D. MELTON, Justice DAVID E. NAHMIAS, Justice KEITH R. BLACKWELL, Justice Georgia Supreme Court

6

7 Let’s read “The Judicial Branch in a Flash!”

8 Supreme Court Jurisdiction
Original Jurisdiction: Representatives of foreign governments Representing a state as a party in the case Appellate Jurisdiction Court of appeals Supreme Court Jurisdiction

9 How cases reach the court?
Referred cases of appeals from lower courts Writ of Certiorari Mostly they see cases where its decision will make a difference, where a plaintiff has suffered real harm, or cases that involve a federal question. (they avoid political issues) Writ of Certiorari – petition that a lower court’s decision involved an error raising a serious constitutional issue How cases reach the court?

10 How are major cases decided?
brief: details legal arguments, facts, precedents Stare decisis – judges are required to respect the precedent est. by a prior court Amicus curiae “friend of the court” Lawyers make oral arguments & justices ask questions Justices vote Justices issue opinions Amicus curiae – friend of the court – briefs they come form indivdual, interest groups, or government agencies claiming to have info useful to the Court’s consideration of the case How are major cases decided?

11 How are major cases decided?
Opinions: Unanimous opinion Majority opinion Concurring opinion Dissenting / minority opinion Per curiam opinion (“by the court”) Opinions are based on law, not personal opinions Majority opinion – presents view of justices who supported a decision Concurring opinion – supports the majority decision but offers different reasons for reaching that deicison (yes, but let me explain why…) Dissenting / minority opinion – disagrees with the majority, but often indicates important point of view Per curiam opinion “by the court” – a majority opinion that is anonymous (no names) How are major cases decided?

12 Court Decisions Decisions based off of : Judicial review
Interpreting laws Overruling or reversing its previous decisions Example: Plessy v Ferguson Brown v. Board of Education Court Decisions

13 Checks & Balances Marbury v. Madison 1803
Can declare laws of Congress & acts of the President unconstitutional Marbury v. Madison 1803 Gave the Court power to review acts of Congress (Judicial Review) Checks & Balances

14 Criminal Cases Two types of juries: Court of Appeals:
Grand jury: hears charges against a person Trial jury: weighs the evidence presented at trial Court of Appeals: May decide to: uphold the original decision Reverse the decision Send the case back to be trial again Criminal Cases

15 General Criminal Trial Terms
Miranda Rights Indictment Bail Capital punishment Double jeopardy Plea agreement Indictment – formal accustation charging a person with a crime

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