The Judicial Branch of the Federal Government. The Judicial Branch What body makes up the judicial branch of the federal government? – The Supreme Court.

The Judicial Branch of the Federal Government

The Judicial Branch

• What body makes up the judicial branch of the federal government? – The Supreme Court and other federal courts.

• What is primary responsibility of the judicial branch?– To interpret laws– Apply them to everyday situations– Decide what actions are constitutional

• The courts may only interpret law as it is related to a specific case, however, the decisions they make set precedent concerning how similar cases and situations should be handled in the future.

How do the Courts Choose Which Laws to Interpret?

What Type of Cases May a Court Hear?

• Our courts may hear both civil and criminal cases.

• What are criminal cases? – Criminal cases are those that decide if a person is

guilty of breaking the law and how they should be punished.

• What are civil cases?– Civil laws help us settle disagreements and find an

acceptable solution.

Who are the parties involved in a criminal trial?

• In a criminal trial, the individual accused of a crime is referred to as the defendant.

• You can always tell the defendant in a case because their name will always appear last. – The State of Alabama vs. John Anderson

• The group that has charged an individual with a crime, usually a district attorney, is referred to as the prosecution.

Who are the parties involved in a civil trial?

• As with a criminal trial, the accused is referred to as the defendant and is listed last when the case is referenced. – Williams v. Roberts Land Incorporated

• The group that is accusing an individual in a civil case is referred to as the plaintiff.

Marbury v. Madison

• The Supreme Courts decision in Marbury v. Madison set the precedent that they have a duty to declare laws and acts that are in contrast to the Constitution, unconstitutional.

• This power is referred to as what?– Judicial Review

Who Makes Up the Supreme Court?

• The Supreme Court is made up of nine members.

One Chief Justice

John Roberts

Who Makes Up the Supreme Court?And Eight Associate Justices

Elena Kagan Antonin Scalia Anthony Kennedy Clarence Thomas

Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor

How are Justices Chosen to Serve?

• Justices are appointed to the Supreme Court by the President .

• Like many Presidential decisions and appointments, they must be confirmed by the U.S. Senate.

For How Long do Federal Judges Serve?

• All federal judges serve for life or until they decide to retire.

• For this reason, Presidents usually appoint Justices who agree with their political views.

• This way the President can assure his views will continue to shape the country long after he has left office.

What Types of Cases are Heard by the Supreme Court?

• The Supreme Court can hear civil or criminal cases appealed from lower courts.

• There are also a few types of cases where the Supreme Court has original jurisdiction.

• The majority of cases heard by the Supreme Court are chosen by the Justices.

They Chose Which Cases they Want to hear?

• The Supreme Court receives over 8,000 requests for appeal every year.

• Of that, the Court decides to hear only about 100.

How Do They Decide on Which Cases to Hear?

• Generally, the Supreme Court chooses cases that involve constitutional issues. – Is hate speech protected by the First Amendment?– Is it Cruel to Execute Criminals?– Does the 2nd Amendment Grant Citizens the Right

to own Bazookas and Missal Launchers?– Can a Person use Illegal Drugs if it is part of his

Religious Beliefs?

How do Justices Hear a Case?• During a Supreme Court Hearing there are no

Juries and no witnesses. • They are not looking to determine guilt or

innocence. • They are looking to

make sure that the law was interpreted correctly and in accordance with the Constitution.

How do Justices Hear a Case?

• Before a case, Justices review written arguments [Briefs] submitted by the Prosecution/Plaintif and the Defense.

• Attorneys for both sides are give 30 minutes each to present their argument.

• The Justices then meet in private to discuss the case.

How do Justices Hear a Case?

• Discussions are lead by the Chief Justice who summarizes the case and presents his opinion.

• Each Associate Justice then has an opportunity to offer their opinions.

• The Chief Justice calls a vote and a simple majority wins.

What Happens After the Vote?• The Justices write the majority opinion. – A written statement explaining the reason for

their decision.– Some Justices will choose to write their own

opinion if they agree with the decision but have different reasons for supporting the opinion.

• What about Justices who don’t agree with the opinion?– They may write a dissention opinion explaining

their views.