The Judicial Branch

1. The Judicial Branch March 3, 2014

2. The Judicial Branch • The Judicial branch of our state government consists of the state’s courts • Their job is to interpret the state constitution, protect the legal rights of the citizens, and enforce the laws of the state

3. Interpreting Laws/Ensuring Justice • Courts enforce constitutional laws, statutory laws (those passed by the General Assembly), administrative laws (regulations of executive branch agencies), and case laws (interpretations of written laws) • They protect citizens from abuse by government by ensuring each citizen has “due process of law”

4. Due Process of Law • Due process is guaranteed by the U.S. Constitution (5th Amendment) • This means that anyone arrested for a crime has the right to have a lawyer present during questioning • They must be given a speedy, public trial before a fair judge and jury • They may face and questions witnesses, or they can remain silent so as not to incriminate (blame) themselves (“plead the 5th”)

5. Structure of Courts • The highest-ranking court in Georgia is the Supreme Court • The second highest-ranking court is the Court of Appeals (appellate courts) • At the bottom are the trial courts

6. The Georgia Supreme Court Justices • There are 7 Supreme Court justices (judges) • They are elected by popular vote to six-year terms • Supreme Court justices elect the Chief Justice from among themselves • The Chief Justice not only serves as the head of the Georgia Supreme Court, but also as the head of the judicial branch of Georgia’s government

7. Duties of the Supreme Court • The Supreme Court is an appellate court • It only reviews cases on appeal from lower courts • There are no witnesses or juries • Another responsibility is to interpret the state constitution • It may review cases involving the constitutionality of laws • It automatically reviews death penalty cases • It regulates the admission of attorneys to practice law in Georgia • Their decisions are binding (final)

8. Court of Appeals • Twelve judges serve on this court • They elect one of their members to be Chief Judge • They are elected by popular vote to serve six-year terms • Like the Supreme Court, this is an appellate court • It only hears cases appealed from lower courts

9. Trial Courts • Trial courts hear original cases, either criminal or civil – each court has jurisdiction (the range of actions over which the court has control or influence) • These courts include 188 superior courts in 49 circuits (regions), 70 state courts, 159 probate (dealing with wills) courts, 159 juvenile (cases involving people under the age of 17) courts, and 159 magistrate (minor civil matters involving sums less than $15,000) courts • Over 400 municipal (city) courts and special courts are also part of the trial courts

10. Criminal Law • A criminal case is one involving a violation of the law • The state (prosecution) brings criminal charges against a person and trial determines the guilt of the defendant (person on trial) • Crimes are divided into 2 categories • A felony is serious crime • A misdemeanor is a less serious crime

11. Felonies in Georgia • In Georgia, a felony is punishable by a year or more in prison, a fine of at least $1,000, or both • Examples of felonies in Georgia are murder, drug crimes, armed robbery (use a weapon), vehicular homicide (kill someone with your car), and shoplifting of goods valued over $500

12. Misdemeanors in Georgia • A misdemeanor is punishable by less than a year in prison, a fine of less than $1,000, or both • Examples of misdemeanors in Georgia include traffic violations, trespassing (on property not your own without permission), writing bad checks, and shoplifting items valued less than $500

13. Juries • An important part of Georgia’s court system is the concept of a jury trial (a trial before one’s peers) • There are 2 types of juries – a grand jury and a trial jury • The grand jury determines whether or not persons accused of crimes will be indicted (officially charged) and required to stand trial • A trial jury is a group of citizens whose job it is to judge a person charged with a crime

14. Civil Law • Civil lawsuits are personal (disputes between two or more people or groups) • Civil law cover issues such as citizenship, property rights, marriage and divorce, child custody, and inheritance • The person or group who brings the legal action (sues) is called the plaintiff • The person or group who the action is against (being sued) is called the defendant

15. Settling Disputes Peacefully • There are several ways to settle civil matters peacefully • Filing a lawsuit • Mediation: a neutral third party (mediator) meets with the opposing sides and helps them reach an agreement (the opposing sides reach the agreement) • Arbitration: a neutral third party (arbitrator) meets with the opposing sides to reach an agreement but the arbitrator makes the agreement • Compromise: each side gives up something in order to settle the dispute • Negotiation: discussing an issue in order to resolve it • Collaboration: opposing parties work together to identify common ground • Nonviolence: seeking change while rejecting violence

16. Questions: • 1) What does the judicial branch consist of? • 2) What is the job of the judicial branch? • 3) What guarantees due process of law? • 4) What are the steps to ensure due process of law has been followed? • 5) List the courts in order of rank (highest to lowest) • 6) How many supreme court justices are there? • 7) How long is a term for a supreme court justice? • 8) How is the Chief Justice selected? • 9) What type of court is the supreme court? • 10) What are the responsibilities of the Supreme Court?

17. More questions: • 11) How many judges serve on the court of appeals? • 12) How long is a term for an appeals court judge? • 13) What type of cases does the appeals court hear? • 14) What types of cases are heard in trial courts? • 15) What is jurisdiction? • 16) What does a criminal case involve? • 17) Who is the prosecution and who is the defendant in a criminal case? • 18) What are the two categories of crimes in Georgia? • 19) How is a felony punishable in Georgia? • 20) What are some examples of felonies in Georgia? • 21) How is a misdemeanor punishable in Georgia?

18. More questions: • 22) What are some examples of misdemeanors in Georgia? • 23) What is a jury trial? • 24) What is a grand jury? • 25) What is a trial jury? • 26) What is a civil lawsuit? • 27) What kinds of issues can be covered in civil lawsuits? • 28) Who is the plaintiff and who is the defendant in a civil case? • 29) What are the 7 ways to settle a dispute peacefully?