THE JUDICIAL BRANCH. Equal Justice Under The Law All people are created equal…thus, our judicial system protects citizens under a set of laws/rules.

THE JUDICIAL BRANCH

Equal Justice Under The Law All people are created equalthus, our judicial system protects citizens under a set of laws/rules Laws define OUR rights and freedoms

Why do we have laws? Imagine a society without rules Laws promote the common good, protect you physically and personally, protect your rights, and set limits on behavior Questions as to where our rights end due to infringing on others Freedom to play music v. Neighbors right to enjoy peaceful surroundings

Civil v. Criminal Law Disputes between people Judge and/or jury listen to arguments of both sides (facts of the case) Settles personal issues Defines crimes Behaviors that are illegal because society finds it to be harmful Outlines trial/punishment Protect society as a whole Civil LawCriminal Law QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?

Sources of the Law Principles of Laws are set forth in the Constitution Four principal types of law: Statutory Common Administrative Constitutional Constitutional Law is the supreme law of the land

Statutory Law Laws passed by lawmaking bodies are known as statutes Can be passed by Congress, state, or local govt Most criminal laws and many civil laws fall into this category Usually represent the majority rule, so they can change over time through the adoption of a new law QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?

Common Law We cannot have a statute for every type of wrongdoing in our societyjust imagine how long that list of laws would be Thus, courts often need to make decisions based off common sense, traditions, and past decisionsthis practice is known as common law Precedent: Earlier Decision Often, judges will use precedent to help them make decisions in court cases Over time, the ruling becomes a customary law (common law) QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?

Administrative Law Administrative laws are created by government agencies/commissions and not official legislatures Many of these laws affect our daily lives, much like statutory laws, since the agencies are overseeing some aspect of our society QUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE LAW?

Constitutional Law SUPREME LAW OF THE UNITED STATES Based on the Constitution and how the Supreme Court interprets the Constitution Example: 6 th Amendments Right to assistance of counsel for their defense and the SC interpretation that states must give free legal aid to those unable to afford a lawyer (Gideon v. Wainwright) QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL LAW?

The Role of Courts Cases can be people v. people; people v. government; government v. government In a criminal case, it is society v. individual Society represented by attorney for government (often the District Attorney) In civil dispute, both sides have options of having an attorney or representing themselves

Trial Rights Criminal Case Accused have right to attorney, right to confront accuser, and right to a jury Always presumed to be innocentjob of accuser to prove beyond a reasonable doubt that the person is guilty Right to appeal if convicted Appeal: process by which the person asks a higher court to review the result of the trial Higher court may change ruling Appeal process ensures trials are decided fairly

Key Definitions Jurisdiction: Extent or scope of authority that a court has to hear and decide a case that has properly been brought before it Original Jurisdiction: authority to hear and decide a case for the first time Appellate Jurisdiction: authority to review decisions made by lower courts

THE FEDERAL COURT SYSTEM

The Federal Court System THE SUPREME COURT U.S. COURT OF APPEALS U.S. DISTRICT COURTS 1 2 3

U.S. District Courts Set up by Congress Federal District Courts Lowest level of US federal courts Trial courts for original jurisdiction (no appeals in district courts) Only federal court in which jury trials are held 94 Total in United States (each state has at least 1) 3 District Courts in PA

District Judges Federal District Judges are appointed by the President and get approved by Senate Can only be removed via impeachment by Congress Trial judges that oversee civil and criminal trials Apply the law to the facts of the case Can be with or without juries Decides punishment in criminal cases

U.S. Court of Appeals Losing party in district court has right to appeal US Court of Appeal reviews decision by lower courts (Appellate Jurisdiction) 12 Judicial Circuits PA in judicial circuit 3, along with New Jersey & Delaware Each court of appeals will have anywhere from 6 to 28 judges Longest serving member under 65 years of age is the senior judge

U.S. Courts of Appeals

Process of Court of Appeals Losing party appeals Panel of at least 3 judges examines records of district court and hears arguments from both sides Do not decide guilt, but rather if the trial was fair and law was properly interpreted Majority vote for decision May be sent back to new trial in district court or uphold the courts decisions This may get appealed again to the Supreme Court

The Supreme Court Highest court of the United States Consists of nine justices, appointed for life Chief Justice is the principal judge on the case Today: John Roberts Reviews cases that have been tried in lower federal courts and in state courts most of the time 3 Exceptions for SC original jurisdiction 1. Diplomats from other countries 2. Cases between states 3. State v. Federal Govt cases

Qualifications No Special Requirements Appointed by President, approval by Senate Removal by resignation, death, or impeachment only Question: Do you think we should set qualifications for Supreme Court Justices? Why or why not?

Judicial Review Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution How did they get this power? John Marshall in the case of Marbury v. Madison Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny appointment Marbury claims Judiciary Act of 1789 gives court power to order Madison to fulfill appointment Marshall says it was not granted by Constitutiondeclares act of Congress unconstitutional

Pick & Choose Your Case Over 7,000 cases are filed each year to the SC Court takes cases that deal with important constitutional or national questions Minimum of four justices must vote to hear a particular case If refused, lower court decision will remain in effect Remand: return a case to the lower court for a new trial

Hearing a Case Supreme Court hears cases by oral arguments Each side given 30 minute limit Justices will then read written arguments and consider arguments said in court Eventually, they will take a vote and a simple majority wins After all of this, the Court will share the opinion Reasoning used to come to that decision

Most Common Types of Opinions Courts Opinion (Majority Opinion) Written by senior member in majority or Chief Justice (could assign to someone else if they choose) Details reasoning for decision Concurring Opinion Agrees with decision, but not the reasoning behind it Dissenting Opinion Explains why the justices in the majority opinion are wrong Has zero effect on law, but is important if case gets review later

Checks and Balances Revisited Executive Branch Appoints Federal Judges Legislative Branch Senate confirmation Rewriting of unconstitutional laws Amend the Constitution

How the Court Changes Over Time Civil Rights and Segregation Scott v. Sandford (1857) Slaves were not US citizens (they were property), thus they cannot sue Plessy v. Ferguson (1896) Separate but equal doctrine Brown v. Board of Education (1954) Segregated schools were not equalreversed Plessy ruling

THE JUDICIAL BRANCH. Equal Justice Under The Law All people are created equal…thus, our judicial system protects citizens under a set of laws/rules.

Documents

statutory law laws

constitutional law supreme

law principles of laws

common law precedent

examples of constitutional

examples of administrative

criminal laws

examples of common laws