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The Judicial Branch. Court Systems & Jurisdictions. Judicial function in the United States is exercised in a dual court system. Court Systems. -Two Separate Court Systems Created by Article III Federal Run by national government State Run by state governments -Two kinds of court cases
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Judicial function in the United States is exercised in a dual court system.
Court Systems • -Two Separate Court Systems • Created by Article III • Federal • Run by national government • State • Run by state governments • -Two kinds of court cases • Civil • Cases between individuals (lawsuits) • Criminal • Cases of suspected crime (breaking laws) Federal Courts State Courts District Courts District Courts Appeals Courts Appeals Courts Supreme Court Supreme Court Civil Law – disputes between individuals Criminal Law – a law has been broken
U.S. Courts • Handle – “have jurisdiction over” - cases involvingfederal law and the Constitution.
State Courts • Handle (have jurisdiction over) cases involvingstate matters.
Jurisdiction: The right of a court to hear a case and make a decision
Original Jurisdiction Authority of a court to hear a case before any other court; grants a traial Appellate Jurisdiction Authority of a court to review the decisions of the lower court. Hears cases on appeal
ConductTrials The hearing and judgment of a case in court.
Interpret the Law The Judicial Branch decides arguments about the meaning of laws, how they are applied and whether they break the rules of the U.S. Constitution.
Hear Appeals The right of a convicted person to ask a higher court to review his or her case.
Judicial Review • The power to determine the constitutionality of laws and executive acts.
Role of the Judicial Branch in the System of Checks and Balances
Judicial 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. Judicial Checks
Legislative Powers over the Judicial Branch Congress approves and can impeach federal judges Executive Powers over the Judicial Branch The President appoints federal judges. Checks on the Judicial Branch
U.S. District Courts • Only Trial Court • Plaintiff: U.S. Government • Defendant: Accused • 1 Judge • Jury • Original Jurisdiction
U.S. Court of Appeals • If unhappy with ruling in District Court, the accused needs a legal reason to appeal to this court. • 3 Justices (judges) • No jury • Appellate Jurisdiction
U.S. Supreme Court • Final court of appeals if unhappy with ruling in District Court of Appeals • 9 Justices • No Jury • Appellate jurisdiction • Limited Original Jurisdiction
End of Course All federal cases must begin in district court because they have which of the following powers to hear a case for the first time? a. original jurisdiction b. federal control c. precedent d. appellate jurisdiction
End of Course The majority of the job of the Supreme Court is to decide whether laws or actions by the government officials are allowed by which of the following? a. the lower courts b. the President c. the Senate d. the U.S. Constitution
End of Course When a case has been tried by a district court and it gets appealed, it is handed over to which of the following courts because they have appellate jurisdiction before the Supreme Court does? • U.S. Court of Appeals • U.S. District Court • U.S. Supreme Court • U.S. Federal Court
The Federal Court System The federal courts try cases involving federal laws and the Constitution.
Jurisdiction -the authority to hear a question or case in dispute -Original Jurisdiction -this belongs to the court which has the initial authority to hear a case -Exclusive Jurisdiction -means that jurisdiction belongs to only one group -Concurrent Jurisdiction -this means that a case can be heard in one of several courts
The ConstitutionandLaws define the jurisdictions, powers and structure of the federal courts.
Types of Cases heard by Federal Courts: • -Constitutional Questions • -Crime committed on federal property • Violation of federal laws • Disputes between states • Disputes involving foreign governments.
Constitution • When someone violates a person’s constitutional rights • -Example • Freedom of speech • Freedom of expression When a person feels his or her constitutional rights, such as freedom of speech or freedom of religion have been violated, they can sue the person they feel is violating them. In the 1940s, a man named Korematsu sued the U.S. government, saying that his forced relocation to a Japanese internment camp was a violation of his 14th Amendment rights of equal protection and due process. This case went through the federal courts and ended up in the U.S. Supreme Court.
Federal Law • Crimes defined by Congress or mentioned in the Constitution • -Example • Treason • Piracy • Counterfeit money Any violation of a federal law will be tried in a federal court. For example, if you are caught illegally copying CDs or DVDs and selling them on the “black market,” you will be arrested and tried in a federal court.
Maritime Laws • Laws broken on the high seas • -Example • Someone murdered on a cruise ship Crimes that are committed on the high seas do not go unnoticed by the federal government. Because they do not happen in a state, though, all violations of maritime laws, and all crimes that happen on the high seas, are handled through the federal court system.
Disputes involving the U.S. Government • Someone feels wronged by or does something against federal government • -Example • Not paying taxes • U.S. Postal truck runs into a car Federal courts also handle cases that have disputes involving the U.S. government. For example, every citizen, according to the 16th Amendment, is required to pay a federal income tax every year. When you do not pay that tax, it is called tax evasion. These cases are handled through the I.R.S. and the federal courts, and they may lead to jail time, like they did for Willie Nelson.
Controversies between states • Cases in which two or more states are a party • -Example • California wants rights to water from Nevada or New Mexico Federal courts also have original jurisdiction in cases involving controversies between the states. For example, Hoover Dam provides most of the electric power for Las Vegas, Nevada, as well as most of Southern California. If the two states began fighting for the exclusive rights to electricity from Hoover Dam, that case would go to the federal court system.
U.S. Supreme Court • Highest Court in the land • The only court specifically listed in the U.S. Constitution • Justices appointed by the President and approved by the Senate • Appointed for life • Can be impeached by Congress
The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.
Judicial Review The power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional.
Marbury v. Madison 1803 *Established the principle of judicial review. *Established the Supreme Court as the interpreter of the Constitution. *1st time that the Supreme Court said an act of Congress was unconstitutional.
End of Course Which of the following is the power to say whether any federal, state or local law or government action goes against the Constitution? a. judicial review b. judicial interpretation c. Supreme Court review d. veto power
End of Course Which power was given when Chief Justice John Marshall declared actions by the Executive Branch unconstitutional? a. the appellate court b. judicial review c. original jurisdiction d. Executive Branch decision
End of Course How many justices must vote to hear a Supreme Court case? a. 2 out of 9 b. 3 out of 9 c. 4 out of 9 d. 5 out of 9
End of Course When an appeals court makes a decision on a case the judge writes which of the following outlining a detailed explanation for their decision? a. decision b. docket c. opinion d. precedent decree
End of Course Which of the following is used during civil litigation to promptly dispose a case without a trial and usually used when there is no dispute as to the material facts of the case? a. petition for writ of certiorari b. summary judgment c. court order d. appellate review
End of Course Which of the following reasons is the most significant component about the powers of judicial review to the Judicial Branch? a. equal power as the Executive and Legislative Branches b. the power to eliminate unconstitutional laws c. the power to impeach a president d. the power to write and control new laws
End of Course The U.S. District Courts, U.S. Circuit Courts of Appeal and the U.S. Supreme Court are all part of which court system? • federal court system • state court system • local court system • appellate court system
Brown v. Board of Education 1954 *The Supreme Court declared a state law unconstitutional. *Racial segregation in public schools violated the Constitution *Violated the 14th Amendment: All citizens have equal protection under the law
Bush v. Gore 2000 *The Supreme Court decided the outcome of the presidential election. *Manual recount of presidential votes in Florida would stop *Recount was unconstitutional: it could not be completed by the deadline.
