1. CHAPTER 7 “THE JUDICIAL BRANCH”

2. EQUAL JUSTICE UNDER LAW
A. Laws for the Good of All
1. Laws create freedom.
2. Responsible citizens obey the law.
B. Four Kinds of Law
(All must follow the principles set forth
in the Constitution.)
1. Statutory Law - Laws passed by
lawmaking bodies.
2. Common Law - rules that have been
accepted by Americans as the proper
way to act.

3. a. Precedent - following an earlier
decision.
b. Most common laws are passed into
statutory laws.
3. Administrative Law - laws made up by
government agencies.
a. Ex. Consumer Product Safety
Commission ruling a toy to be unsafe.
4. Constitutional Law - law based on the
Constitution of the United States and on
Supreme Court decisions interpreting it.

4. C. Role of the Courts
1. A person is innocent until proven
guilty.
2. Criminal Cases - deal with violations of
the law.
3. Civil Case - deal with disputes between
individuals or businesses.
D. Right to a Fair Trial
1. Right to a lawyer
2. Right to be released to bail
a. Bail - sum of money pledged to the
court as a pledge to appear in court.

5. 3. Indictment by a Grand Jury
a. Made up of citizens.
b. Decides if there is enough evidence
to bring a case to trial.
4. Right to a Jury Trial (Petit Jury)
a. Usually made up of 6-12 people.
b. Jurors - People who serve on a jury.
c. Names are selected at random.
d. Jury Duty - time spend being a juror.
e. Verdict - decision in a case.
(Usually must be unanimous)

6. f. Hung Jury - when a verdict can not
be reached.
5. Innocent Until Proven Guilty
a. Burden of proof rests with those who
bring the charges against the accused.
b. Cross Examine - question a witness
c. testimony - evidence given by a
witness.
6. Right to Appeal
a. Appeal - ask for a review of a case.
b. Can only be done by the accused.

7. WHO SERVES IN OUR NATIONS COURTS
1. Article III of the Constitution states that
“The judicial power of the U.S. shall be
vested in one Supreme Court and
inferior courts . . .”
a. Judiciary - system of national courts.
b. Jurisdiction - Courts authority to hear
a case and administer the law.

8. 2. Cases that can be brought to a federal
court:
a. Involving a question about the
Constitution, laws, or treaties of the
U.S.
b. Involving American ships at sea.
c. Any case in which the U.S.
government is directly involved.
d. Disagreements between citizens, or
governments of different states.

9. A. How Are Judges Appointed?
1. They are appointed in the same way as
members of the executive branch.
a. President nominates judges. (With
advice from Senate.)
b. President usually nominates someone
from his own party when choosing
federal judges.
c. Senate must confirm appointments.

10. d. Senatorial Courtesy - Special attention
a President pays to the opinions of
senators in his or her own party when
making appointments to lower federal
courts in the state the senators
represent.
2. Two reasons why federal judges are not
elected:
a. Protect judges from swings in public
opinion.
b. Common citizen does not have the
legal knowledge.

11. B. How Can Judges be Removed?
3. There are no minimum age or other
requirements for judges.
B. How Can Judges be Removed?
1. Judges shall serve “during time of
good behavior”. (Life term)
2. May be impeached by the House.
3. Trial is held in the Senate.

12. C. How are Judges Paid 1. Salaries are determined by Congress.
2. It may not be reduced while a person is in
office.

13. HOW ARE THE NATION’S COURTS ORGANIZED
A. The Three Levels of Federal Courts
1. District Courts - (Bottom level) at least
1 in every state.
2. Courts of Appeals - (Middle Level)
3. Supreme Court - (Highest Level)
a. Decisions can not be overturned
unless Constitution changes.

14. B. State Courts Are Not Part of the Federal System
1. State courts decide case under state law.
2. Make-up is similar to national law.
3. Parts of a case involving national law can
be appealed to a federal court.
4. Appeals of state laws can not be made to a
federal court.

15. C. SPECIAL FEDERAL COURTS
1. Usually established when a particular
area of the law is especially technical
and involves specialized knowledge that
ordinary judges might not possess.
(ex. taxes on imports.)
2. Judges are appointed for fixed terms.

16. D. Who Decides How the Federal Courts Will Be Organized
1. Original Jurisdiction - Cases that a court
is to hear first.
2. Appellate Jurisdiction - Cases that a court
hears only on appeal.
3. Congress decides how many courts there
will be and how many members the
Supreme Court should have.

17. The Work of the Nation’s Courts
A. Trying Cases
1. Federal cases first heard are usually
heard in a federal district court.
2. As of 2010 there were 94 district
courts.
B. Handling Appeals
1. Trial Court - Court that hears a case
for the first time.
2. Appeals are heard in the appellate
court.

18. 3. Only the accused may appeal a
decision.
4. Sometimes federal courts of appeals
are called circuit courts.
a. As of 2010 there are 12 federal
courts of appeals.
5. Supreme Court can also be a court of
appeals.

19. C. Deciding What the Law Means
1. Judicial Interpretation - deciding what
the law means.
D. Exercising Judicial Review
1. No act or law that violates the
Constitution is allowed.
2. Judicial Review was established in
Marbury v. Madison.
IN YOUR SMALL GROUPS DISCUSS WHAT MIGHT HAPPEN IF THEIR WAS NO JUDICIAL REVIEW. (5 MIN)

20. 3. What would happen if there was no
judicial review:
a. Congress and state legislatures
would act as the final judge on
whether or not their laws were
Constitutional.
b. There would be no way to settle
conflicts between state and
national government.

21. U.S. Supreme Court

22. THE SUPREME COURT Supreme Court Justices
1. Size is determined by Congress
2. Current number is 9. (1869)
3. Appointed by President
4. Salary: Chief Justice = $175,400
Associate Justice = $167,900
5. First woman was Sandra Day O’Connor.
(1981/Reagan)

23. Influence of John Marshall
1. Established 3 basic principles of U.S.
Law:
a. Judicial Review
b. State laws can be set aside if they
conflict with national ones.
(National Supremacy)
c. Supreme Court can reverse state
court decisions.

24. Hearing Cases
1. Thousands of cases are appealed to
the court each year but they hear only
a. Docket – Court’s calendar of
cases.
2. Cases heard are those that hold
significant public interest.
3. 4 of the 9 justices must vote to hear a
case.
a. Remand – return a case to a lower
court for a new trial.

25. Court in Action
1. Session begins each year on the first
Monday in October. (Usually
adjourns in June.)
2. Much of the time is spent hearing
cases, reading written arguments and
holding private meetings.
a. Brief – written statement
explaining the main points of one
side’s arguments about the case.

26. b. Oral arguments are made. (Each
side has 30 minutes.)
c. On Fridays justices meet to discuss
and vote on the case. (Majority vote
is decision. In case of tie lower
court decision remains in tact.)
Supreme Court Opinions
1. Opinion – Reasoning that led to the
courts decision.

27. 2. Concurring Opinion – when a justice
agrees with a decision but for
different reasons.
3. Dissenting Opinion – Justices who
disagree with the decision of the Court.
F. Checking the Court’s Power
1. Congress can make new laws.
2. Amendments to the Constitution
(Income Tax)

28. Changing Court Opinions
1. Plessy v. Ferguson – “Separate but
Equal” was ruled by the Supreme
Court. (Segregation was legal)
2. Brown v. Topeka Board of Education
a. Schools were not equal.
H. Strengthening Constitutional Rights
1. Rights of Accused
a. Miranda v. Arizona (1966)
2. “One person one vote”
a. Legislative districts must be close to
equal in population.

29. 3. Civil Rights and Liberties
a. Brown decision
I. THE COURT’S PRESTIGE
1. Does the Supreme Court have too
much power?

30. POSSIBLE ASSIGNMENTS:
1. SECTION CHECKUP PG. 443, 446, 450
2. COMPREHENSION PG. 451
3. CRITICAL THINKING PG. 451
4. SOCIAL STUDIES SKILLS PG. 452
1-5
5. BEYOND THE BOOK PG. 453 #1
6. AMERICAN GOV. PG. 77, 79