1. The Judicial Branch
Unit 5
Riberdy

2. Court Systems & Jurisdictions

3. Creation of a National Judiciary
The Framers created the national judiciary in Article III of the Constitution.
There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States.
The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts. 2 3 4
Chapter 18, Section 1

4. Judicial function in the United States is exercised in a dual court system.

5. U.S. Courts
Handle (have jurisdiction over) cases involving federal law and the Constitution.

6. State Courts
Handle (have jurisdiction over) cases involving state matters.

7. The right of a court to hear a case and make a decision
Jurisdiction:
The right of a court to hear a case and make a decision

8. Types of Jurisdiction Exclusive and Concurrent Jurisdiction
Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction.
Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction.
Original and Appellate Jurisdiction
A court in which a case is first heard is said to have original jurisdiction over that case.
A court that hears a case on appeal from a lower court has appellate jurisdiction over that case.
The Supreme Court exercises both original and appellate jurisdiction.

9. Appellate Jurisdiction
Authority of a court to review the decisions of the lower court. Hears cases on appeal
Original
Jurisdiction
Authority of a court to hear a case before any other court; grants a trial

10. Powers of the Judicial Branch

11. The hearing and judgment of a case in court.
Conduct Trials
The hearing and judgment of a case in court.

12. Interpret the Law
The Judicial Branch decides arguments about the meaning of laws, how they are applied and whether they break the rules of the U.S. Constitution.

13. Hear
Appeals
The right of a convicted person to ask a higher court to review his or her case.

14. Judicial Review
The power to determine the constitutionality of laws and executive acts.

15. Role of the Judicial Branch in the System of Checks and Balances

16. Judicial Checks Judicial Powers over the Legislative Branch
The Judicial Branch can declare Congressional laws unconstitutional.
Judicial Powers
over the
Executive Branch
The Judicial Branch can declare executive acts unconstitutional.

17. Checks on the Judicial Branch
Legislative Powers
over the
Judicial Branch
Congress approves and can impeach federal judges
Executive Powers
over the
Judicial Branch
The President appoints federal judges.

18. The Federal Court System

19. The Federal Court System
The federal courts try cases involving federal laws and the Constitution.

20. U.S. Supreme Court
U.S. Court of Appeals
U.S. District Courts

21. The Constitution and Laws define the jurisdictions, powers and structure of the federal courts.

22. Types of Cases heard by Federal Courts:
-Constitutional Questions
-Crime committed on federal property
Violation of federal laws
Disputes between states
Disputes involving foreign governments.

23. District Court Jurisdiction Federal Judicial Districts
The District Courts
District Court Jurisdiction
District courts have original jurisdiction over most cases that are heard in federal courts.
The district courts hear a wide range of criminal cases and civil cases.
A criminal case, in the federal courts, is one in which a defendant is tried for committing some action that Congress declared by law to be a federal crime. A federal civil case is one which involves noncriminal matters.
Federal Judicial Districts
The 94 federal judicial districts include at least one district in each State, the District of Columbia, and Puerto Rico.
Larger and more populous States are divided into two or more districts, reflecting the larger amount of judicial work done there.

24. U.S. District Courts Only Trial Court Plaintiff: U.S. Government
Defendant:
Accused
1 Judge
Jury
Original Jurisdiction

25. U.S. Court of Appeals
If unhappy with ruling in District Court, the accused needs a legal reason to appeal to this court.
3 Justices (judges)
No jury
Appellate Jurisdiction

26. Appellate Court Judges Appellate Court Jurisdiction
The Courts of Appeals
The courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases.
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.
Appellate Court Jurisdiction
The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.

27. U.S. Supreme Court
Final court of appeals if unhappy with ruling in District Court of Appeals
9 Justices
No Jury
Appellate jurisdiction
Limited Original
Jurisdiction

28. The U.S. Supreme Court and Judicial Review

29. U.S. Supreme Court Highest Court in the land
The only court specifically listed in the U.S. Constitution
Justices appointed by the President and approved by the Senate
Appointed for life
Can be impeached by Congress

30. The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.

31. Judicial Review

32. Judicial Review
The power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional.

33. Judicial Review
Judicial review refers to the power of a court to determine the constitutionality of a government action.
The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803).
The Court’s decision laid the foundation for its involvement in the development of the American system of government. 1 2 4
Chapter 18, Section 3

34. Marbury v. Madison 1803 *Established the principle of judicial review.
*Established the Supreme Court as the interpreter of the Constitution.
*1st time that the Supreme Court said an act of Congress was unconstitutional.
Marbury v.
Madison
1803

35. Supreme Court Jurisdiction
The Supreme Court has both original and appellate jurisdiction.
The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers.
Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year. 1 2 4
Chapter 18, Section 3

36. How Cases Reach the Supreme Court
For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court’s docket.
Writ of Certiorari
Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review.
Certificate
Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.

37. Opinions of the Court
Once the Court finishes its conference, it reaches a decision and its opinion is written. 1 2 4
Chapter 18, Section 3

39. Brown v. Board of Education
*The Supreme Court declared a state law unconstitutional.
*Racial segregation in public schools violated the Constitution
*Violated the 14th Amendment: All citizens have equal protection under the law
Brown v.
Board
of Education
1954

41. *The Supreme Court decided the outcome of the presidential election.
*Manual recount of presidential votes in Florida would stop
*Recount was unconstitutional: it could not be completed by the deadline.
Bush v.
Gore
2000

43. The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.

44. Principles of the Judicial Branch

45. Due Process Rights Principle Where is it Found? What does it mean?
5th Amendment prohibits the national government from acting in an unfair manner.
14th Amendment prohibits the states and local governments from acting in an unfair manner.
The Constitutional protection against unfair government action and laws.

46. Trial by Jury 6th Amendment
Principle
Where is it Found?
What does it mean?
Trial by
Jury
6th Amendment
Right to a speedy and public trial, by an impartial jury

47. Rights of the Accused 6th Amendment Principle Where is it Found?
What does it mean?
Rights of the Accused
6th Amendment
to be informed of the charges
to cross examine witnesses
to have witness on their behalf
assistance of counsel

49. Equal Protection under the law
Principle
Where is it Found?
What does it mean?
Equal Protection under the law
14th Amendment
States can not deny any person equal protection. Further defined that all men are created equal

50. The judicial branch interprets the law in order to protect individuals from the power of the government.

51. Appointment of Judges
The power to appoint judges to federal courts falls on the President.
The President nominates Supreme Court justices, as well as federal court judges, who are then subject to the approval of the Senate.
Most federal judges are drawn from the ranks of leading attorneys, legal scholars and law school professors, former members of Congress, and State courts. 2 3 4
Chapter 18, Section 1

52. Terms and Pay of Judges
Judges appointed to the constitutional courts, including the Supreme Court, are appointed for life.
Judges of constitutional courts may only be removed by their own will or through impeachment. Only 13 federal judges have ever been impeached, and of them, seven were convicted.
Judges who sit in the special courts are appointed for terms varying from 4 to 15 years.
Congress determines salaries for federal judges. 2 3 4
Chapter 18, Section 1

53. Criminal Cases and Procedures

54. Criminal Cases
The court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or felony, a more serious crime punishable by more than a year in prison.

55. Procedures for a criminal case
Arrest
Jail or Bail
Arraignment
Preliminary Hearing
Trial
Sentencing

56. Arrest Police can place someone under arrest if:
There is probable cause- reason to believe someone is guilty of a crime.
The police officer witnesses a crime.
An arrest warrant is issued.
Miranda rights must be read: right to remain silent, to have an attorney

57. Jail or Bail The accused may be committed to jail or released on bail.
Bail- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial

58. Arraignment First Meeting in front of a judge Bail is set
Attorney is appointed by the court if requested
Preliminary Trial date is set

59. Preliminary Hearing Guilty or not guilty plea is entered
Judge reviews probable cause (is there enough evidence to proceed to trial?)
Trial date is set

60. Trial (District Court)
Prosecution- Government Attorney
Defense- Accused and Attorney
Jury is chosen
Opening Statements
Witness Testimony and Cross-Examination
Closing Arguments
Jury Deliberation- must find the accused guilty beyond a reasonable doubt.
Verdict

61. Sentencing
If a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.

62. Appeal
The convicted may appeal the case to a higher court if his/hers rights were violated or if there was an error in the court procedures.

63. Civil Cases

64. Civil Cases
The court settles a disagreement between two parties; often over money or harm to someone’s reputation.

65. Plaintiff Person who feels that they have been wronged
Initiates (begins) lawsuit
Files complain to recover damages or to receive money
Describes plaintiff’s injury, asks court to order relief

66. Defendant Served a copy of the complaint
Defends themselves against the complaint
Has to be proven guilty by a preponderance (majority) of the evidence

67. Disagreement Settled by:
Jury
Judge explains law that is relevant in the case
Determine if defendant is responsible damages or compensation
Judge
Bench Trial
Determines if defendant is responsible
Determines amount of damages or compensation

68. The court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to the Supreme Court.

69. Juvenile Crime

70. Juvenile
Anyone under the age of 18

71. Juvenile who commits an act that would be a crime if they were an adult.
Juvenile Delinquent

72. Procedures for Juvenile Cases
No juvenile is tried in the federal court system; state systems only
Juveniles who commit serious crimes can be tried as adults
No jury trials for juveniles; judges have greater latitude in handling cases
Goal of the juvenile justice system is to rehabilitate not to punish