1. The Judicial Branch American Government Notes

2. Dual Court System The U.S. has a dual court system, which means that we have federal and state courts that work side-by-side The U.S. has a dual court system, which means that we have federal and state courts that work side-by-side

3. Federal Courts State Courts

4. What is jurisdiction? Which courts can hear what Which courts can hear what FederalState Supreme Court Cases involving federal law Cases involving state law All cases

5. Marbury v. Madison Establishes judicial review Establishes judicial review The Supreme Court can declare acts of Congress unconstitutional The Supreme Court can declare acts of Congress unconstitutional Makes Supreme Court an independent and equal branch of government Makes Supreme Court an independent and equal branch of government

6. How does the Supreme Court decide cases? The Supreme Court has both original and appellate jurisdiction BUT most cases are appeals from lower courts The Supreme Court has both original and appellate jurisdiction BUT most cases are appeals from lower courts

7. Writ of certiorari The party that lost an appeal in a lower court explains why the Supreme Court should hear the case The party that lost an appeal in a lower court explains why the Supreme Court should hear the case 4 out of the 9 justices must agree to hear the case. If not, the decision of the lower court stands. 4 out of the 9 justices must agree to hear the case. If not, the decision of the lower court stands.

8. Decisions of the Supreme Court Majority opinion – Chief justice (or senior justice in the majority) explains ruling Majority opinion – Chief justice (or senior justice in the majority) explains ruling Dissenting opinion – explains the argument of the minority Dissenting opinion – explains the argument of the minority Concurring opinion – explains any differing arguments for the majority opinion Concurring opinion – explains any differing arguments for the majority opinion

9. Judicial Activism vs. Judicial Restraint Judicial Activism (Liberal) Judicial Restraint (Conservative) Supreme Court has the right and duty to use judicial review to overturn bad precedents and promote socially desirable goals Judicial Review should be used sparingly, especially when dealing with controversial issues

11. Types of Crimes MisdemeanorFelony Minor crime, typically punished by fine or less than one year in prison (petty theft, disturbing the peace, traffic violations) Serious crime punished by more than 1 year in prison (Grand theft, armed assault, murder)

12. Grand Jury A group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted A group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted

13. Indictment Formal accusation of criminal behavior handed down by a grand jury; means the accused will be brought to trial Formal accusation of criminal behavior handed down by a grand jury; means the accused will be brought to trial

14. Arraignment Where person accused of crime is informed of charges and makes a plea of guilty or not guilty Where person accused of crime is informed of charges and makes a plea of guilty or not guilty

15. Plea Bargain Agreement in which the defendant (accused) pleas guilty for a lesser charge or sentence Agreement in which the defendant (accused) pleas guilty for a lesser charge or sentence

16. Restitution Offender pays victim for loses, damages or injuries resulting from a crime Offender pays victim for loses, damages or injuries resulting from a crime

17. Incarceration Imprisonment for punishement for a crime Imprisonment for punishement for a crime

18. Due Process The government cannot treat criminal suspects unfairly (you must be told about your charges and have right to a trial) The government cannot treat criminal suspects unfairly (you must be told about your charges and have right to a trial)

19. Miranda Rights Miranda v. Arizona in 1966 upholds due process and protects your rights during an arrest and interrogation Miranda v. Arizona in 1966 upholds due process and protects your rights during an arrest and interrogation

20. Process in Criminal Justice ArrestPre-TrialGrand Jury (if a major crime) Indictment Crime is committed ArraignmentPossible Plea Bargain Jury Selection Trial Jury deliberation SentencingAppealsIncarceration (Release after sentence is served or parole)

21. The Judicial Branch … Interprets the laws!

22. Courts Apply laws to specific situations Apply laws to specific situations

23. Two Kinds of Disputes Criminal Criminal –Person accused of breaking the law –Court decides innocent/guilty and punishment Civil Civil –Settle disagreements between 2 parties –Law suit, divorce, broken contract

24. Two Parties Plaintiff/Prosecution Plaintiff/Prosecution –Plaintiff: person who brings complaint against someone (civil) –Prosecution: represents the people/govt and charges a person with breaking a law (criminal) Defendant Defendant –Person who is accused of breaking the law or defending against a complaint

25. Members of the Court Judge Judge –Applies the law to the case –Makes final decision in jury trials Jury Jury –Group of peers –Decide the facts of the case and issue verdict

26. Interpreting the Law … A court’s decision may set a precedent A court’s decision may set a precedent Guideline for how all similar cases should be decided in the future Guideline for how all similar cases should be decided in the future Example: Plessy v. Ferguson was precedent for segregation, but was overturned by Brown v. Board Example: Plessy v. Ferguson was precedent for segregation, but was overturned by Brown v. Board

27. Three Decisions 1. What does the law mean? 1. What does the law mean? 2. Is the law constitutional? 2. Is the law constitutional? 3. Has the law been violated/broken? 3. Has the law been violated/broken? Can only occur when … Can only occur when … the court is hearing a specific case (can’t decide to interpret the law at will)

28. Supreme Court Judicial Review Judicial Review –Power to decide constitutionality of government acts –Established by Marbury v. Madison (1803): said Supreme Court has the power to declare acts of Congress unconstitutional

29. How cases get there Rule of 4 – 4 justices must agree to hear it before it’s placed on calendar Rule of 4 – 4 justices must agree to hear it before it’s placed on calendar Constitutional issues Constitutional issues Appeals from federal and state courts Appeals from federal and state courts

30. The Supreme Court at work: Solicitor general: represents U.S. in court Solicitor general: represents U.S. in court Briefs: written documents supporting 1 side Briefs: written documents supporting 1 side Oral arguments: lawyers speak to justices, emphasizing major points of briefs Oral arguments: lawyers speak to justices, emphasizing major points of briefs Conference: Justices meet in secret sessions to vote and discuss Conference: Justices meet in secret sessions to vote and discuss Opinions: justices write opinion of the court and the majority ruling decides the case Opinions: justices write opinion of the court and the majority ruling decides the case

31. Who are they? John Roberts John Roberts Antonio Scalia Antonio Scalia Ruth Ginsberg Ruth Ginsberg Anthony Kennedy Anthony Kennedy Clarence Thomas Clarence Thomas Steven Breyer Steven Breyer Samuel Alito Samuel Alito Sonia Sotomayor Sonia Sotomayor Elena Kagan Elena Kagan

32. Salary $110,000 $110,000 $115,000 – chief justice $115,000 – chief justice