The Judicial Branch

1. The Judicial Branch

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

3. 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. Neighbor’s right to enjoy peaceful surroundings

4. Civil v. Criminal Law Civil Law 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 QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?

5. 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

6. Statutory Law • Laws passed by lawmaking bodies are known as statutes • Can be passed by Congress, state, or local gov’t • 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?

7. Common Law • We cannot have a statute for every type of wrongdoing in our society…just imagine how long that list of laws would be • Thus, courts often need to make decisions based off common sense, traditions, and past decisions…this 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?

8. 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?

9. Constitutional Law • SUPREME LAW OF THE UNITED STATES • Based on the Constitution and how the Supreme Court interprets the Constitution • Example: 6th Amendment’s 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?

10. 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

11. Trial Rights • Criminal Case • Accused have right to attorney, right to confront accuser, and right to a jury • Always presumed to be innocent…job 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

12. 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

13. THE FEDERAL COURT SYSTEM

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

15. 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

16. 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

17. 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

18. U.S. Courts of Appeals

19. 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

22. 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 • Diplomats from other countries • Cases between states • State v. Federal Gov’t cases

23. 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?

24. 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 Constitution—declares act of Congress unconstitutional

25. 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

26. 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

27. Most Common Types of Opinions • Court’s 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

28. Checks and Balances Revisited • Executive Branch • Appoints Federal Judges • Legislative Branch • Senate confirmation • Rewriting of “unconstitutional” laws • Amend the Constitution

29. 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 equal—reversed Plessy ruling