1. Section 1 Equal Justice Section 2 The Federal Court System Section 3 The Supreme Court

2. A Nation of Laws  The Social Contract states our society needs laws.  Laws promote protections and the common good.  Some protect your right to speak, practicing religion, and your health.  These rights come with limits: You have the right to listen to your stereo as long as you do not violate your neighbors right to enjoy the peace and quiet of their property.

3.  When citizens break the law it is referred to as crime.  A crime is any behavior deemed as illegal by society b/c it is considered harmful to society.  *Criminal Law-refers to the types of laws which define what acts are considered crimes.  Also explains how a person should be accused, tried in court, and the punishment(s).

4.  Ex: Laws against: Assault, Murder, and Rape protect citizens from being harmed.  Laws against property help protect your property. Important b/c if someone steals your neighbor’s property and is not punished they may steal from you.

5.  A group of laws which refer to disputes b/w people.  If you cannot resolve the issue privately it may be resolved in court.  In court the Judge may act as the jury and the Judge will apply Civil Law when making a decision.  Civil Law issues: Personal issues, contract disputes(think sports), divorce proceedings, and property boundaries.

6.  There are 4 principal sources of law: Statutory, Common, Administrative, and Constitutional Law.

7.  Laws which are passed by law making bodies.  Congress, state, and local govts. may pass these laws. EX: Laws which require buildings to contain fire exits is a Statutory Law.  These usually represent majority rule.  Everyone needs to know how to obey these laws so they may be a good citizen.

8.  A type of law which overrides a judges’ decision that rely on common sense and previous cases.  Ex: When cars were invented there were not any rules on how to drive them. Judges had to use tradition and common sense to create these rules/laws.  In other cases judges use other rulings from the past or precedent-earlier decisions to rule what becomes part of the custom.

9.  Many laws which affect day to day life is created by govt. agencies instead of the legislatures.  Administrative Laws cover many areas in daily life, health, safety, education, and banking. Ex: the Product Safety Commission use administrative law to establish safety standards on toys.

10.  Is based off the Constitution and Supreme Court decisions that interpreted law.  Example: The 6 th Amendment guarantees a defendant in a criminal case the right to counsel.  B/c of the 1963 Supreme Court ruling in Gideon v. Wainwright all states are required to provide free legal counsel to those who cannot afford it.

11.  The courts use the 4 sources of law to settle disputes.  In a criminal case the dispute is b/w the individual and society. The defendant is represented by counsel and society is represented by counsel.  In a civil case both individuals are represented by counsel.

12.  In a criminal case the person accused of a crime has certain rights: the right to counsel/attorney, to confront their accuser, and trial by a jury of their peers.  The accused are always presumed innocent until proven guilty.  The person brining charges needs to prove beyond reasonable doubt that the accused is guilty.

13.  If found guilty, the person accused of the crime may appeal the decision.  An appeal is the process by which the individual asks the higher court to review the result of the trial.  A higher court will determine if the lower court applied the law fairly or unfairly.  Review allows the accused to ensure the case has been decided fairly.

14.  Section 2

15.  Each level of the federal court system is given jurisdiction in several kinds of cases.  Jurisdiction is the scope of authority that a court has to hear and decide a case that has properly been brought before it.  There are 2 types of jurisdiction:  Original and appellate

16.  District court is the lowest level and they are courts of original jurisdiction.  Original is the authority of a court to hear and decide a case for the first time.  Cannot hear appeals from other courts.  They are local courts in the federal system. At least on Fed. District court in each of the 50 states.

17.  Judges apply relevant law before them to decide a case.  There may be many federal judges in a district depending on the case load.  These judges conduct both civil and criminal cases w/ and w/ out juries.  If there is no jury the judge decides the winner and the remedy for the winner.  In a criminal case they also decide the punishment.

18.  All U.S. federal judges are appointed by the President and must be approved by the Senate.  They can only be removed by impeachment from the Congress.

19.  After loosing a trail you may appeal to the next level of courts in the court system the Court of Appeals or Appellate Jurisdiction.  Has the power to review decisions made by the lower court.  Each district is broken into circuit courts.  Don not hold trials, instead it’s a panel of 3 judges who make a decision on a case.  Appellate examine review the decision of the lower court and hear the arguments from both sides

20.  They determine only if the law was interpreted correctly.  They reach their decision by majority vote.  Can send the case back to district court for a new trial or may uphold their decision.  Sometimes an appeal is made to the Supreme Court.

21.  The highest court in the land is the Supreme Court in Washington D.C.  It is mainly an appeals court.  The decision of the panel of 9 judges may not be appealed.  It has original jurisdiction on 3 types of cases:  1.Cases on diplomatic representatives from other countries

22.  2.In cases between two states.  3.Cases involving a state and the federal Government.

23.  Section 3

24.  There have been several laws which have been reviewed by the courts and deemed unconstitutional.  Through Judicial Review-the power to allow courts to decide whether a law conflicts with the Constitution.  This power came in the case Marbury v. Madison. Gave the federal courts the power of Judicial Review.

25.  The courts decide which cases they will hear.  It accepts only those cases that generally deal with important Constitutional questions.  If they refuse a case the decision of the lower court remains in effect.  They can also remand or return a case to the lower courts.

26.  Hears cases by an oral argument.  Lawyers have 30 Mins. to present their arguments.  Spend the rest of the time reading the arguments and consider the information.  Each justice has 1 vote and they must reach a majority.  After they deliberate they submit an opinion which explains their reasoning on a decision.

27.  Sometimes they agree w/ a decision but w/ different reasons. They deliver a concurring opinion in a written statement.  If justices disagree w/ the opinion they will issue a dissenting opinion which explains why they disagree.

28.  There are 9 Supreme Court Justices  They are appointed by the President and approved by the Senate.  There are no special requirements to becoming a justice.

29.  The Senate reviews all appointments.  If the Court rules a law is unconstitutional the legislative branch has an opportunity to write a better one.  The legislative branch may rewrite the law until the Supreme Court upholds it.

30.  The court decisions have allowed the Constitution to meet the demands of changing times.  1954 Brown v. Board of Ed.- outlawed segregation of schools.  Miranda v. Arizona-police must read suspects their rights before they are arrested.  All of these decisions were aimed to ensure that each citizens rights are protected.