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The Judicial Branch

The Judicial Branch. Guided Notes Chapter 29 Pages 417-428. Questions 1-3. 1. constitutional law: written provisions of US and state constitutions 2. statutory law: written laws enacted by legislative bodies 3. administrative law: written rules and regulations of executive agencies.

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The Judicial Branch

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  1. The Judicial Branch Guided Notes Chapter 29 Pages 417-428

  2. Questions 1-3 • 1. constitutional law: written provisions of US and state constitutions • 2. statutory law: written laws enacted by legislative bodies • 3. administrative law: written rules and regulations of executive agencies

  3. Guided Notes Reviewing rules or laws (in cases brought to the court) to determine if they violate the Constitution is judicial review. In a civil case, the court acts as a kind of referee to settle disputes between two or more parties. The party who brings legal action is called the plaintiff and the party against whom the action is brought is called the defendant.

  4. Guided Notes In a criminal case, the state prosecutes (takes legal action against) someone charged with committing a crime. Auto accidents, divorces, and violations of business contracts are common subjects of many civil trials. A crime is the commission of an act prohibited by law. In a criminal trial, the government is the prosecution. The person arrested is the defendant.

  5. Guided Notes A felony is a very serious crime and a capitalfelony is punishable by death. A misdemeanor is punishable by one to twelve months in prison and/or a fine of $1000 or less. A group of citizens, called a jury, are selected to decide cases. A court with the authority to review decisions of lower courts is said to have appellate jurisdiction.

  6. Guided Notes Due process is all the rights and procedures – written in our constitutions and laws, plus those established by the courts - by which we obtain fair treatment under the law. Each judicial circuit has a district attorney who represents the state in criminal cases tried in superior court.

  7. Guided Notes A grand jury is made up of 16 to 23 citizens who determine whether or not persons charged with an offense should be indicted and required to stand trial. The trial jury in a felony case is made up of 12 citizens and hear evidence presented to decide the case. A formal charge upheld by the grand jury is an indictment.

  8. List three reasons juveniles are treated differently from adults by the justice system. • Different set of state laws for juveniles • Different court for handling juvenile matters • Children may not be fully responsible for their actions • Children may not be able to care for themselves • They may need to be protected

  9. What type of problems or offenses are handled by the juvenile courts? • Cases where young people are delinquent (offenses such as burglary, robbery, and auto theft) • Unruly (refusing to go to school, running away, or being otherwise unmanageable) • Deprived (neglected or abused or having no parents or guardians) • The court also hears cases involving enlistment in the military and marriage for minors

  10. Explain what due process mean and why is it important to a person charged with a crime/civil offense • Fair treatment for all charged - be notified of charges against you - be provided a speedy and public trial - be able to confront and cross-examine witnesses - be represented by a lawyer - have an impartial judge and jury - remain silent (not be a witness against yourself)

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