1. The Judicial Branch

2. Key Vocabulary Jurisdiction – authority to hear certain cases
Original jurisdiction – court in which a case is originally tried
Appellate jurisdiction – court in which the outcome of a case is reviewed
Litigants – people engaged in a lawsuit
Due process clause – no state may deprive any person of life, liberty, or property without due process of law
Grand jury – 16 to 23 people determine quality and quantity of evidence to bring charges
Indictment – formal accusation by a Grand jury

3. Key Vocabulary
Petit jury – 6 or 12 people determine innocence or guilt based on evidence presented
Opinion – written explanation of a court’s decision
Majority opinion – reasons for a decision
Dissenting opinion – minority reasons for disagreeing with a decision
Precedent – earlier decision on prior or similar cases
Brief – facts and legal arguments to support one side of a case

4. Structure of the U.S. Judicial System
US Supreme Court
(Sources of cases)
US Court of Military Appeals
(12) US Courts of Appeals
US Court of Appeals for the Federal Circuit
Appeals from the Highest State Courts

5. Structure of the U.S. Judicial System
US Court of Military Appeals
Sources of cases
Military Courts
(12) US Courts of Appeal
Sources of cases
US Tax Court
Territorial Courts
(94) District Courts
D.C. Courts

6. Structure of the U.S. Judicial System
US Court of Appeals for the Federal Circuit
Sources of cases
US Court of International Trade
US Claims Court
US Court of Veteran Appeals
Appeals from Highest State Courts
Sources of cases
State Supreme Courts

7. Supreme Court Decision Making
How do cases reach the Court?
Writ of certiorari – order from the Court to a lower for records of a case to review
Most common method
Petition based on a legal error made in an earlier trial or
question of constitutionality
Appeal – issue where a state or federal court has ruled a law unconstitutional
The Supreme Court hears (decides) on approximately 1% of all cases that are suggested or referred
decisions per session (8 month period)

8. Roe v. Wade
Jane Roe was an unmarried and pregnant Texas resident in Texas law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” 
Path to the Supreme Court
Jane Roe sues Wade (District Attorney for Dallas county)
Federal District Court hears case and rules Texas law unconstitutional
Texas appeals to U.S. Supreme Court
U.S. Supreme Court rules 7-2 in favor of Roe

9. Roe v. Wade Opinion Supreme Court Opinion
During first trimester of pregnancy a woman could have an abortion on demand without interference from the state
During the second trimester the state could regulate abortions for safety but could not prohibit them entirely
During the third trimester the state could regulate or forbid all abortions except to save the life of the mother

10. Issues Continue…. No case in recent constitutional history has stirred deeper emotions than Roe v. Wade.
Some states have waiting periods (24 hours)
Some states have notification rules (parental consent, father of the baby, etc.)
Some states limit licensing of facilities that perform abortions and/or provide abortion counseling
Protesters vs. Supporters continually clash over 1st Amendment rights