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Published byLinda Armstrong Modified over 8 years ago
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Notes # 9 “The Judicial Branch” Part 2
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According to the Constitution, the Judicial Branch can set up as many courts as it wants. Lets take a look at the different courts.
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State and Town Courts Each state has their own courts. Also, many cities have their city courts, even Prescott has a city court. Prescott Valley has a magistrate, which hears only small cases, like paying a ticket. It is in these courts that the majority of Criminal and Civil cases are tried. The Federal District Courts usually keep watch on what is going on.
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District Courts There are 94 District courts in the U.S. They are the only Federal Court level that has a jury. These are reserved for the more serious issues in Criminal and Civil cases. You can appeal (seek another case if you disagree with the verdict) which sends you to either the Appeals Court or the Supreme Court in special cases.
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Court of Appeals There are 12 Court of Appeals, each representing a certain district, the 12 th Court represents the District of Columbia (Washington D.C.). These Courts do not hold a trial, there is no jury, only judges that look at the appealed case and have the power to change the verdict, or keep it. Some cases, if excepted, could go to the Supreme Court if appealed yet again.
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Supreme Court There are 9 Supreme Court Justices (Judges). They serve for life. They are appointed by the President and approved by the Senate (checks and balances). The Supreme Court is yet another appeals court, without a jury, and its decision is final, unless if they later on decide to change it when the Constitution changes. (i.e., they ruled slavery legal, but then the Constitution made it illegal afterwards with the 13 th Amendment.) However, the court could remand, or send a case back to a lower court.
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Judicial Powers The Judicial Branches main job is to make sure that the Constitution is followed by all Branches. Their main Power is Judicial Review, which pretty much states that the Judicial Branch can say what is legal or illegal. Once this decision is made, everyone must follow it. However, the Judicial power lies in the Constitution, and Congress can amend or change the Constitution. Once this is done, the Judicial Branch must follow the Constitution, whatever it says. Though Judicial Review gives the Judicial Branch Great Powers, it can still be checked, but Amending the Constitution is very hard, and has only been done 27 times in more than 200 years. The last time was in May of 1992, that’s before Mr. Mayer was even born!!!
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On a piece of paper How powerful is the Judicial Branch with Judicial Review? Earlier we had an essay about which branch was the strongest. Does Judicial Review lean you towards the Judicial Branch, or is the Branch checked equally as the other branches?
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