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The Judicial Branch Article III of the US Constitution
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Vocab quiz Thursday Unconstitutional Judicial review Extradition Miranda rights Parole Bail Grand jury Appeal Prosecutor Indictment Plea deal / agreement Double jeopardy Capital punishment
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US Court System State 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
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Federal Courts Supreme Court Federal Circuit Courts (part of the Federal Appellate Courts) Federal District Courts
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Supreme Court Judges Requirements: Appointed by the president Approved by the Senate Appointed for LIFE No qualifications 9 judges Removed from office by impeachment: Treason Bribery High crimes & misdemeanors
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Georgia Supreme Court HUGH P. THOMPSONHUGH 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 P. HARRIS HINES ROBERT BENHAM CAROL W. HUNSTEIN HAROLD D. MELTON DAVID E. NAHMIAS KEITH R. BLACKWELL http://www.gasupreme.us/sc-op/opinion_lists/2015_opinions.php#0120
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Let’s read “The Judicial Branch in a Flash!”
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Supreme Court Jurisdiction Original Jurisdiction: Representatives of foreign governments Representing a state as a party in the case Appellate Jurisdiction Court of appeals
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How cases reach the court? Referred cases of appeals from lower courts Writ of Certiorari http://dictionary.reference.com/browse/certior ari http://dictionary.reference.com/browse/certior ari [sur-shee-uh-rair-ahy] 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)
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How are major cases decided? 1.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” http://dictionary.reference.com/browse/amicus+c uriae?s=t http://dictionary.reference.com/browse/amicus+c uriae?s=t [uh-mahy-kuh s kyoo r-ee-ee] 2.Lawyers make oral arguments & justices ask questions 3.Justices vote 4.Justices issue opinions
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How are major cases decided? Opinions: Unanimous opinion Majority opinion Concurring opinion Dissenting / minority opinion Per curiam opinion (“by the court”) http://dictionary.reference.com/browse/certiorari [per kyoo r-ee-am] Opinions are based on law, not personal opinions
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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
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Checks & Balances Marbury v. Madison 1803 Gave the Court power to review acts of Congress (Judicial Review) Can declare laws of Congress & acts of the President unconstitutional
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Criminal Cases Two types of juries: 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
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General Criminal Trial Terms Miranda Rights Indictment Bail Capital punishment Double jeopardy Plea agreement What did you learn from Ice T??
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