1. The Judicial Branch

2. Equal Justice Under The Law
All people are created equal…thus, our judicial system protects citizens under a set of laws/rules
Laws define OUR rights and freedoms

3. Why do we have laws? Imagine a society without rules…
Laws promote the common good, protect you physically and personally, protect your rights, and set limits on behavior
Questions as to where our rights end due to infringing on others
Freedom to play music v. Neighbor’s right to enjoy peaceful surroundings

4. QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?
Civil v. Criminal Law
Civil Law
Criminal Law
Disputes between people
Judge and/or jury listen to arguments of both sides (facts of the case)
Settles personal issues
Defines crimes
Behaviors that are illegal because society finds it to be harmful
Outlines trial/punishment
Protect society as a whole
QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?

5. Sources of the Law
Principles of Laws are set forth in the Constitution
Four principal types of law:
Statutory
Common
Administrative
Constitutional
Constitutional Law is the supreme law of the land

6. QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?
Laws passed by lawmaking bodies are known as statutes
Can be passed by Congress, state, or local gov’t
Most criminal laws and many civil laws fall into this category
Usually represent the majority rule, so they can change over time through the adoption of a new law
QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?

7. QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?
We cannot have a statute for every type of wrongdoing in our society…just imagine how long that list of laws would be
Thus, courts often need to make decisions based off common sense, traditions, and past decisions…this practice is known as common law
Precedent: Earlier Decision
Often, judges will use precedent to help them make decisions in court cases
Over time, the ruling becomes a customary law (common law)
QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?

8. QUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE LAW?
Administrative laws are created by government agencies/commissions and not official legislatures
Many of these laws affect our daily lives, much like statutory laws, since the agencies are overseeing some aspect of our society
QUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE LAW?

9. QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL LAW?
SUPREME LAW OF THE UNITED STATES
Based on the Constitution and how the Supreme Court interprets the Constitution
Example: 6th Amendment’s Right to “assistance of counsel” for their defense and the SC interpretation that states must give free legal aid to those unable to afford a lawyer (Gideon v. Wainwright)
QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL LAW?

10. The Role of Courts
Cases can be people v. people; people v. government; government v. government
In a criminal case, it is society v. individual
Society represented by attorney for government (often the District Attorney)
In civil dispute, both sides have options of having an attorney or representing themselves

11. Trial Rights Criminal Case
Accused have right to attorney, right to confront accuser, and right to a jury
Always presumed to be innocent…job of accuser to prove “beyond a reasonable doubt” that the person is guilty
Right to appeal if convicted
Appeal: process by which the person asks a higher court to review the result of the trial
Higher court may change ruling
Appeal process ensures trials are decided fairly

12. Key Definitions
Jurisdiction: Extent or scope of authority that a court has to hear and decide a case that has properly been brought before it
Original Jurisdiction: authority to hear and decide a case for the first time
Appellate Jurisdiction: authority to review decisions made by lower courts

13. THE FEDERAL COURT SYSTEM

14. The Federal Court System3
THE SUPREME COURT 2
U.S. COURT OF APPEALS 1
U.S. DISTRICT COURTS

15. U.S. District Courts Set up by Congress Federal District Courts
Lowest level of US federal courts
Trial courts for original jurisdiction (no appeals in district courts)
Only federal court in which jury trials are held
94 Total in United States (each state has at least 1)
3 District Courts in PA

16. District Judges
Federal District Judges are appointed by the President and get approved by Senate
Can only be removed via impeachment by Congress
Trial judges that oversee civil and criminal trials
Apply the law to the facts of the case
Can be with or without juries
Decides punishment in criminal cases

17. U.S. Court of Appeals
Losing party in district court has right to appeal
US Court of Appeal reviews decision by lower courts (Appellate Jurisdiction)
12 Judicial Circuits
PA in judicial circuit 3, along with New Jersey & Delaware
Each court of appeals will have anywhere from 6 to 28 judges
Longest serving member under 65 years of age is the senior judge

18. U.S. Courts of Appeals

19. Process of Court of Appeals
Losing party appeals
Panel of at least 3 judges examines records of district court and hears arguments from both sides
Do not decide guilt, but rather if the trial was fair and law was properly interpreted
Majority vote for decision
May be sent back to new trial in district court or uphold the courts decisions
This may get appealed again to the Supreme Court

22. The Supreme Court Highest court of the United States
Consists of nine justices, appointed for life
Chief Justice is the principal judge on the case
Today: John Roberts
Reviews cases that have been tried in lower federal courts and in state courts most of the time
3 Exceptions for SC original jurisdiction
Diplomats from other countries
Cases between states
State v. Federal Gov’t cases

23. Qualifications No Special Requirements
Appointed by President, approval by Senate
Removal by resignation, death, or impeachment only
Question: Do you think we should set qualifications for Supreme Court Justices? Why or why not?

24. Judicial Review
Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution
How did they get this power?
John Marshall in the case of Marbury v. Madison
Marbury named justice of peace by John Adams
Jefferson tells Sec of State Madison to deny appointment
Marbury claims Judiciary Act of 1789 gives court power to order Madison to fulfill appointment
Marshall says it was not granted by Constitution—declares act of Congress unconstitutional

25. Pick & Choose Your Case…
Over 7,000 cases are filed each year to the SC
Court takes cases that deal with important constitutional or national questions
Minimum of four justices must vote to hear a particular case
If refused, lower court decision will remain in effect
Remand: return a case to the lower court for a new trial

26. Hearing a Case… Supreme Court hears cases by oral arguments
Each side given 30 minute limit
Justices will then read written arguments and consider arguments said in court
Eventually, they will take a vote and a simple majority wins
After all of this, the Court will share the opinion
Reasoning used to come to that decision

27. Most Common Types of Opinions
Court’s Opinion (Majority Opinion)
Written by senior member in majority or Chief Justice (could assign to someone else if they choose)
Details reasoning for decision
Concurring Opinion
Agrees with decision, but not the reasoning behind it
Dissenting Opinion
Explains why the justices in the majority opinion are wrong
Has zero effect on law, but is important if case gets review later

28. Checks and Balances Revisited
Executive Branch
Appoints Federal Judges
Legislative Branch
Senate confirmation
Rewriting of “unconstitutional” laws
Amend the Constitution

29. How the Court Changes Over Time
Civil Rights and Segregation
Scott v. Sandford (1857)
Slaves were not US citizens (they were property), thus they cannot sue
Plessy v. Ferguson (1896)
“Separate but equal” doctrine
Brown v. Board of Education (1954)
Segregated schools were not equal—reversed Plessy ruling