Chapter 7 Judicial Branch. Review ???? 1.What is any behavior that is illegal called? 2.What laws are passed by lawmaking bodies? 3.What is an appeal?

Chapter 7Chapter 7Chapter 7Chapter 7

Judicial BranchJudicial Branch

Review ????1. What is any behavior that is

illegal called?2. What laws are passed by

lawmaking bodies?3. What is an appeal?

Review ??????4. What court cases determined

that every person accused of a crime would have an attorney?

5. What type of law settles disputes between people?

6. What is an earlier decision?

Nation of Laws• Every Society Needs rules• These rules are called laws• Laws are set to protect people and

property.

Criminal Law• Crime: any behavior that is illegal• Criminal law: refers to the group

of laws that define what are acts of crime

• Rape, stealing, violence• Criminals often do not stop at one

crime

Civil Law• Disputes between people• Contract, divorce, and property

issues

Sources of Laws• 1. Statutory Laws

– Passed by law making bodies– Usually based on what the majority

wants– Good citizens follow laws

Sources of Laws• 2. Common Law

– Based on customs, traditions, and cases decided before

– Precedent: earlier decision

Sources of Laws• 3. Administrative Laws

– Created by government agencies– Cover many areas of daily like,

health, safety, education, and banking

Sources of Laws• 4. Constitutional Law

– Supreme law of the land– Based on U.S. Constitution– Gideon v Wainwright: 1963 free legal

aid to defendants that cannot afford an attorney

Roles of the Court• Settle disputes• Person accused of a crime has rights:

– Attorney– Confront the accuser– Jury trial– Innocent until proven guilty– Appeal: right to ask a higher court to

review results of earlier trial

Section 2

• Page 185

US District Courts• Supreme Court• 3 levels of federal court system• Jurisdiction is the courts authority

to hear and decide cases, original and appellate

US Federal Courts

• District courts, trial courts• Original jurisdiction- hear the case

for the first time• Lowest level of the Fed. Court

system

US District Judges• Trial judges• Handle both civil and criminal• Decides who wins and the

punishment• Appointed for life by the President

approved by the Senate• Removed from office if impeached• Salaries cannot be lowered

US court of Appeals• Appellate jurisdiction• Hear cases that have already been

decided• There are 94 district courts and 12

appellate courts• Do not hold trials, a panel of at least 3

judges decides outcome• Only decide if earlier decision and trial

was fair, NOT guilt or innocence

US supreme Court• Highest court in the land• 9 justices• Meets in Washington D.C.• Their decision is final• Has jurisdiction over:

– Cases involving states– Foreign diplomats– Cases between states and the fed gov

Section 3

• Page 189

Judicial Review• Allows the courts to decide if the

law or presidential action is in agreement with the constitution

Judicial Review• Established by John Marshall in the

court case Marbury v Madison: declared an act of Congress unconstitutional

Supreme Court• 7,000 cases are filed a year but only

130 to 150 cases are decided.• If the Supreme Court refuses to hear

the case the decision of the lower court remains in effect

• The court may remand, meaning return, the case to a lower court for a new trial

Hearing and Deciding Cases

• Each lawyer has 30 minutes to presents their arguments

• Judges read the written arguments• Each justice has one vote, • Majority decision

• After voting the court delivers it opinion• The opinion explains the decision• If the judge agrees with the majority

opinion but for a different reason he can write a concurring opinion

• If he disagrees he writes a dissenting opinion

Dissenting Opinions• Although they do not effect the

law many times they later become law.

• For example in Plessy v Ferguson justice Harlan dissented stating that the constitution should not recognize class or race

Supreme Court• Number of judges decided by

Congress: has been 9 since 1869• No special requirements• Can be impeached• Appointed by President approved

by Congress, judge for life

Scott v Sandford• Dred Scott attempted to win his

freedom but lost because the Supreme Court said slaves were property and did not have rights

Plessy v Ferguson 1896

• Homer Plessy was arrested for riding in a White Only train car in protest of segregation

• Court decided that this could be separate as long as they were equal.

• “Separate but Equal”

Brown v Board of Education 1954

• Supreme Court decided that schools and public facilities could not be segregated and that the 14th amendment gave everyone equal protection under the law

Miranda v Arizona 1966• Police must inform arrested

suspects of their rights before questioning them.