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Equal Justice Under the Law: US Laws, Courts, and Roles

Explore the concept of equal justice under the law in the United States, including the types of laws, the role of the courts, and the federal court system.

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Equal Justice Under the Law: US Laws, Courts, and Roles

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Presentation Transcript

  1. Section 1:Equal Justice Under the Law Section 2:The Federal Court System Section 3:The Supreme Court Chapter 7The Judicial Branch

  2. Section 1: Equal Justice Under the Law The Main Idea The rights of all U.S. citizens are protected by laws and the courts. Reading Focus • In what ways is the United States a nation of laws? • What are the four sources of law in the United States? • What roles do the courts play in the United States?

  3. Section 1: Equal Justice Under the Law Laws • 2 types of laws: Criminal law and civil law • Crime: behavior that is illegal b/c society considers the behavior harmful • Criminal law: refers to the group of laws that define what acts are crimes • describes how a person accused should be tried and punished

  4. Laws • Civil laws: group of laws that refer to disputes between people. • Contract disputes, divorce proceedings, property boundaries

  5. Section 1: Equal Justice Under the Law Four types of U.S. laws: • Statutory law (statutes)—passed by lawmaking bodies • Represent majority rule • Common law—judges’ decisions based on common sense, experience, and practice (precedent) • Administrative law—created by government agencies (similar to statutory laws) • Health, safety, education, banking, etc • Constitutional law—based on the Constitution and its interpretation by the Court • Gideon vs. Wainwright: free legal aid

  6. Section 1: Equal Justice Under the Law Role of the Courts in the United States • Use law to settle disputes • Assure equal justice for all through fair trials. • Representation • Criminal cases: Right to confront the accuser and jury trial • Always innocent until proven guilty • Appeal process: person asks a higher court to review the result of the trial

  7. The Roles that Courts Play provide fair public trials ensure equal justice for all SECTION 1 Question: What roles do the courts play in the United States?

  8. Section 2: The Federal Court System The Main Idea The federal court system consists of the three levels of courts, each of which has specific duties. Reading Focus • What is the purpose of the U.S. district courts? • How are the U.S. courts of appeals different from the district courts? • What is the role of the Supreme Court?

  9. Section 2: The Federal Court System Cases tried in the federal courts: • Cases involving people charged with disobeying the Const. • Charges brought by a foreign country against the U.S. or its citizens • Crimes committed on U.S. ships at sea

  10. Section 2: The Federal Court System Cases tried in the federal courts: (continued) • Ambassadors and consuls charged with breaking laws in a foreign country • Crimes committed on certain federal properties • Disagreements between the states • Lawsuits between citizens of different states

  11. Section 2: The Federal Court System Organization of Federal Courts • 3 levels of federal courts. 1. U.S. Supreme Court 2. U.S. court of appeals (each circuit has its own court of appeals) 3. U.S. district courts in all states (lowest level) • 94 district courts divided into 12 judicial circuits • 2 types of jurisdiction (authority) • Appellate • original

  12. U.S. Federal Districts • District or Trial courts – original jurisdiction (hear and decide a case for the first time) • Only court trials are held • Only court where jury trials are held • Cannot hear appeals from other courts • “local” courts – at least 1 district court in each state

  13. U.S. District Judges • Federal District judges are trial judges • Conduct civil and criminal trials w/or w/out juries • Appointed for life by the president and must be approved by the Senate • Removed only by impeachment by Congress and the salary cannot be lowered • Protects judges from punishment for decisions

  14. Court of Appeals • Appellate jurisdiction (power to review decisions made by lower courts) • Do not hold trials – review the records of district ct. trials and hear arguments by the lawyers of both sides • They determine if the original trial was fair and if the law was interpreted correctly • Judges reach a decision by majority vote • May send the case back for a new trial/uphold the decision

  15. Section 2: The Federal Court System Role of the Supreme Court • Highest court in the land • Reviews cases from lower federal courts and state courts • 9 justices/judges – cannot be appealed • Constitutional jurisdiction over: • diplomatic representatives from other countries • disputes between states • disputes between states and federal government

  16. SECTION 2 Federal Court Cases Question: Which cases are tried in federal courts? • 1. constitutional violations • 2. U.S. treaty violations • 3. congressional law violations • 4. cases between a foreign government and a U.S. citizen or the government • 5. crimes committed on U.S. ships at sea • 6. cases involving U.S. ambassadors and consuls who broke laws in their stationed countries • 7. crimes committed on certain types of federal property • 8. disagreements between states or citizens of different states

  17. Section 3: The Supreme Court The Main Idea The Supreme Court hears appeals, reviews laws, and strongly influences American society. Reading Focus • What is the power of the judicial review? • What are the constitutional checks on the Supreme Court’s powers? • How has the Supreme Court strengthened constitutional rights?

  18. Section 3: The Supreme Court Process through which cases are tried in the Supreme Court: • Thousands of cases are appealed to the Court each year. • One hundred to 200 cases are selected for the docket. • Selected cases contain significant public interest or questions. • Four out of nine justices must vote to hear a case. • Previous verdicts stand for rejected cases.

  19. Section 3: The Supreme Court Supreme Court justices • Are appointed by the president and approved by a Senate majority vote. • Are appointed for life but may be impeached.

  20. Section 3: The Supreme Court Judicial review has strengthened the Court’s power. • Courts decide if a law or presidential action is constitutional. • Supreme Court has the ultimate power of judicial review.

  21. Section 3: The Supreme Court Congress can limit the Court’s power. • Can rewrite laws to make them constitutional • Can amend the Constitution to include new laws

  22. Judicial Review Congress SECTION 3 Question: How has judicial review strengthened the Supreme Court’s power, and how does Congress limit this power? Limit Congress may pass a similar law abiding by the Constitution or may try to amend the Constitution. Strengthen It asserted the Court’s power to declare laws of Congress and presidential acts unconstitutional.

  23. Chapter 7 Wrap-Up • 1. Describe the types of laws that exist in the United States. • 2. What services do U.S. courts provide? • 3. Which cases are tried in federal courts? • 4. How is the federal court system organized? • 5. How are appointments made to the Supreme Court, and how long do justices serve? • 6. How does the Supreme Court limit Congress’s power, and how does Congress reassert it?

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