The Judicial Branch Chapter 12 Civics – Mr. Blough.

The Judicial BranchChapter 12

Civics – Mr. Blough

The United States has a dual court system:

- Federal Courts

- State Courts

U.S. CourtsHandle (have

jurisdiction over) cases involving federal law and the Constitution.

State CourtsHandle (have

jurisdiction over) cases involving state matters or laws passed by states.

Jurisdiction:

The authority to hear a case

and make a decision

Exclusive Jurisdiction

ONLY Federal courts can hear a case

Concurrent Jurisdiction

Both state and Federal courts

can hear a case

+

Original

Jurisdiction

Ability to hear case for the 1st time; make a

guilty/not guilty verdict

Appellate Jurisdiction

Reviewing a decision made

by a lower court based on

an appeal

Types of Cases heard by Federal Courts:

- Constitutional Disputes-Crime(s) committed on federal

property – Post Office, National Parks, etc.

Violation of federal lawsDisputes between states or

people from different statesDisputes involving foreign

governments.

Powers of the Judicial Branch

Conduct Trials

Was the person guilty? Not guilty?

Was the law violated?

(Generally original jurisdiction)

Interpret the Law

- Was the law broken?

- Is there a dispute over how a law is carried out?

- Does it violate the Constitution?

HearAppealsReviewing lower court

decisions to determine if an error was made.

(Appellate jurisdiction)

Judicial Review

Determining if the law goes against the Constitution

If the law is unconstitutional, the law gets thrown out!

Judicial ChecksJudicial Powers

over the

Legislative Branch

*The Judicial Branch can declare Congressional laws unconstitutional.

Judicial Powers

over the

Executive Branch

*The Judicial Branch can declare executive acts unconstitutional.

*Chief Justice of SC presides over impeachment hearings

Checks AGAINST the Judicial Branch

By the Executive Branch

1)The president chooses

(appoints) federal judges

2)Pardon, reprieve, amnesty, etc.

By the Legislative Branch:

1)The SENATE must confirm

presidential appointments

2) Impeachment of judges

The Federal Court Syste

m

U.S. District Courts

Only Trial Court – Guilty or not guilty verdict

Plaintiff:

U.S. Government

Defendant:

Accused

1 Judge

Jury of peers

Original Jurisdiction – where the case begins

District CourtsWhere most of the cases are held

About 90% of cases start in district courts300,000 cases per year (criminal and civil)

District courts have original jurisdiction **Original jurisdiction = to hear cases for

the first time **

District court judges are appointed by President and have lifetime terms

Other people in District Courts

Magistrate – person who issues court orders and has a pre-trial to determine whether a case should be taken to actual trial

US Attorney – The lawyer on behalf of the U.S. In criminal cases, he/she will always be on the side

of the prosecution

Marshal – arrests suspects and delivers people to district courts Issue subpoenas - an order requiring you to go to

trial

US Appeals CourtWhere cases go after district courts

Appellate jurisdiction –to hear cases that have already been decided in lower courts. Why? Wrong procedureError on part of judge, jury, or lawyerNew evidence brought forthViolation of the Constitution

Lifetime appointments for judges

An important note:Appeals courts ARE NOT deciding cases

to determine whether the party is innocent or guilty

INSTEAD, they’re trying to determine whether an error or mistake was madeIf so, the sentence can be revoked or

changedOr, it could go to the Supreme CourtOr it could stay the same.

Appeals CasesThere is no jury in an appeals case.

Only the judges decide! (all 3 of them)

U.S. Court of Appeals

The accused can appeal to a higher court if they can find a legal reason to do so

3 Justices (judges)

No jury

Appellate Jurisdiction

Uphold or overturn decision

U.S. Supreme Court

Final court of appeals if unhappy with ruling in District Court of Appeals

Meets in Washington, DC

9 Justices

No Jury

Appellate jurisdiction

Very little original jurisdiction

U.S. Supreme Court

Highest Court in the land

The only court mentioned in Article III

Judges (justices) appointed by the President and approved by the Senate

Terms last a lifetime

Can be impeached by Congress

Topics on which the SC has ruled:

Abortion (Roe v. Wade)

Segregation in schools (Plessy v. Ferguson; Brown v. Board)

Flag burning (Texas v. Johnson)

Free speech in schools (Tinker v. Des Moines; Hazelwood v. Kulhmeier)

Power of the presidency (US v. Nixon)

Rights of the accused (Gideon v. Wainright, Miranda v. Arizona, Mapp v. Ohio, etc.)

Judicial Review

Supreme Court’s power to determine if:

1.) laws passed by Congress are constitutional (Article I)

2.) President’s actions are Constitutional (Article II)

Marbury

v.

Madison

1803

Established the idea of judicial review (J.R)

Allowed the Supreme Court to determine J.R.

The first time that the Supreme Court deemed a law unconstitutional (threw it out)

The Supreme Court exists to guard the Constitution.

It checks the power of the executive/legislative branches and interprets

the law.