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Judicial Branch

Judicial Branch. Interpretation of laws. vocabulary. Judicial review Constitutional Brief Majority opinion Concurring opinion Dissenting opinion Unanimous opinion Stare D ecisis. Jurisdiction Exclusive jurisdiction Concurrent jurisdiction District court Appeals court Remand

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Judicial Branch

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  1. Judicial Branch Interpretation of laws

  2. vocabulary • Judicial review • Constitutional • Brief • Majority opinion • Concurring opinion • Dissenting opinion • Unanimous opinion • Stare Decisis • Jurisdiction • Exclusive jurisdiction • Concurrent jurisdiction • District court • Appeals court • Remand • Opinion • Precedent

  3. District Courts • Lowest level of the federal court system. This is where most lawsuits begin. • Original jurisdiction: Authority to hear cases for the first time. • Only courts with jury trials. • Each state has at least one district court. • 90% of all court cases are in district courts.

  4. Court Officials • Judges: Decide procedure and punishment. Appointed by the president and approved by the Senate. They earn $162,100. No political pressure because they can not be removed without reason. • Magistrate: Issue court orders and take care of pre-trial matters. Appointed for eight years by federal judges. They earn $149,132. • US Attorney: Prove that a suspect is guilty. • Marshal: Arrest suspects, brings defendants to court, and serves subpoenas. • Subpoena: Order requiring a person to appear in court.

  5. Court of Appeals • Appellate jurisdiction: Hear only cases that have been appealed from district courts. • Circuit: Geographic area an appeals court has jurisdiction in. • There are twelve judicial circuits.

  6. Circuit court judges • Each appeals court has from 6-27 judges. They earn $171,800 a year. • A panel of at least three judges will hear each case. • The court may: 1. Uphold the earlier ruling. 2. Overturn the decision. 3. Remand the case to a lower court for a new ruling. • Some cases will be appealed to the Supreme Court.

  7. Review • What is the lowest level of the federal court system? • Which is the only court with jury trials? • What is an order requiring a person to appear in court? • What is appellate jurisdiction? • How many judicial circuits are there? • What are the 3 things a circuit court judge can do with a case?

  8. Supreme Court • Original jurisdiction involving diplomats from foreign countries or when more than one state is involved. • Appellate jurisdiction on everything else. • Normally hear cases that involve constitutional questions or are of public interest. • Decisions can not be appealed.

  9. Supreme Court Justices • There are nine justices (1 chief and 8 associate). • Associate justices receive $199,200 and the Chief justice receives $208,100. • 1967, Thurgood Marshall became the first African-American justice. • 1981, Sandra Day O’Connor became the first female justice.

  10. The Supreme Court Justices The Justices are (front row from left) Clarence Thomas, Antonin Scalia, John G. Roberts (Chief Justice), Anthony Kennedy, Ruth Bader Ginsburg; (back row from left) Sonia Sotomayor, Stephen Breyer, Sameul Alito and Elena Kagan.

  11. Chief Justice John Roberts Appointed by George W. Bush Senate Confirmation: 78-22 September 29, 2005–present DOB: January 27, 1955

  12. Justice Antonin Scalia Appointed by Ronald Reagan Senate Confirmation: 98-0 September 26, 1986–present DOB: March 11, 1936

  13. Justice Anthony Kennedy Appointed by Ronald Reagan Senate Confirmation: 97-0 February 18, 1988–present DOB: July 23, 1936

  14. Justice Clarence Thomas Appointed by George H. W. Bush Senate Confirmation: 52-48 October 23, 1991–present DOB: June 23, 1948

  15. Justice Ruth Bader Ginsberg Appointed by Bill Clinton Senate Confirmation: 96-3 August 10, 1993–present DOB: March 15, 1933

  16. Justice Steven Breyer Appointed by Bill Clinton Senate Confirmation: 87-9 August 3, 1994–present DOB: August 15, 1938

  17. Justice Samuel Alito Appointed by George W. Bush Senate Confirmation: 58-42 January 31, 2006–present DOB: April 1, 1950

  18. Justice Sonia Sotomayor Appointed by Barack Obama Senate Confirmation: 68-31 August 8, 2009–present DOB: June 25, 1954

  19. Justice Elena Kagan Appointed by Barack Obama Senate Confirmation: 63-37 August 7, 2010- Present DOB: April 28, 1960

  20. Supreme Court Schedule • First two weeks of the month, they hear arguments, discuss cases, and vote. They have a two week recess where they decide what cases to hear and write opinions on other cases. They read briefs, arguments written by attorneys Four out of nine justices must want to hear a case. It is then placed on the docket, calendar. • The case must have two adversaries, opposing sides.

  21. Cases in the Supreme Court • Almost all cases reach the Supreme Court on appeal. • Writ of Certiorari: Directs a lower court to send records for review. • Lower courts sometimes ask the Supreme Court to make a ruling.

  22. Decisions and Opinions • Must have a majority vote to decide. (At least 6 judges must vote). • If there is a tie, the lower court ruling is upheld.

  23. Marbury vs. Madison • Midnight judges: John Adams appointed several judges on his last night as President. • James Madison became Jefferson’s Secretary of State and was instructed to withhold the commissions. • William Marbury took the case to the Supreme Court as a provision of the Judiciary Act of 1789.

  24. Do you remember??? 17. Declaration of Independence 18. Types of government 19. “Consent of the Governed” 20. Types of democracy 21. Battle of Saratoga 22. Legislative Branch 23. Elastic Clause 24. Parts of the Constitution 25. Popular sovereignty 26. Marbury v Madison 27. McCulloch v Maryland 28. Plessy v Ferguson 29. Brown v Board of Ed 30. Dred Scott v Sanford 31. Executive Branch 32. Steps to become President • Opportunity cost • State revenue • Partnerships • Corporations • Monetary decisions • ‘rust belt’ & ‘sun belt’ • Comparative advantage • Pos. & neg. impacts on GDP • Supply & demand curves • Business cycle • Federalist Papers • Federalism • Articles of Confederation • Jean-Jacques Rousseau • John Locke • Baron de Montesquieu

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