The Judicial Branch Chapter 12 Civics – Mr. Blough
Dec 24, 2015
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.
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
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.
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)