The Structure of the Judicial Branch

1. The Structure of the Judicial Branch Essential Question: What is the role of the judicial system in our democracy?

2. TEKS and Objectives I will… We will… Describe the power of judicial review Identify how the judiciary acts as an independent branch of government CON 5.A explain the principle of judicial review and how it checks the power of other institutions and state government

3. Controls of the Abuse of Power • Rule of Law • No individual, group, organization, or government entity is above the law • Everyone must obey the law and be held accountable when they violate it • Laws must be clear and known to all • Laws must be equally, fairly, and consistently applied

4. Controls of the Abuse of Power • Judicial review • power of the courts to declare laws and actions of local, state, or national governments unconstitutional (not consistent with a nation’s constitution) • Also gives courts the power to declare an action of the executive/legislative branch to be unconstitutional • Established by Marbury v. Madison

5. Controls of the Abuse of Power • Checks on the Judicial Branch • Executive branch enforces decisions of the courts • Federal judges appointed by the president with the advise and consent of the Senate • State and federal legislatures have power to create courts, set judge’s salaries, and change laws to clarify meanings • Courts can only decide issues that are brought to them in the form of cases

6. Judicial Independence • Impartiality and Fairness • Unbiased and uninfluenced by outside sources • Ensures that the judiciary remains independent • Key element of democracy

7. Checkpoint • Why is the power of judicial review key to the system of checks and balances? • If the courts rule a law unconstitutional, what is the effect? • Why is an independent judiciary a key element of a democracy?

8. The Function of Trial Courts • Trial Courts • Places where it is determined whether someone has committed a crime or caused harm • Judges or juries determine the facts of the case and apply relevant law to determine the outcome • Federal trial courts are called U.S. District Courts

9. The Function of Trial Courts • Criminal Trial Courts • Hears cases about crimes like burglary, murder, or driving under the influence • Civil Trial Courts • Hears cases where one person or group thinks another person or group should pay for causing harm

10. The Function of Trial Courts • Original Jurisdiction • The authority of a trial court to be the first to hear a case • Trial courts have original jurisdiction over criminal cases and civil disputes • Most cases originate in trial courts

11. Gideon v. Wainwright (1963) • Background • Gideon convicted of a felony in Florida after representing himself because state law did not require the government to provide him with an attorney • Question • Does the 6th Amendment’s right to council in criminal cases extend to felony defendants in state courts?

12. Gideon v. Wainwright (1963) • Decision • The Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment

13. Juries • Jury • Group of citizens who hear evidence during trial • Determine verdict during a trial • Grand Jury • Group that hears charges against a suspect • Decides whether there is sufficient evidence to bring the person to trial

14. Juries • Indictment • A formal charge of criminal action by a grand jury • Must be issued by a grand jury per the 5th Amendment

15. Juries • Right to a Jury • Granted by 6th Amendment in all criminal trials (federal and state) • Granted by 7th Amendment in civil cases in federal courts • Defendant can choose not to have a jury

16. Checkpoint • How is a grand jury different than a trial jury? • In what ways are the 6th and 7th Amendment similar? • Why are juries an important component of our legal system?

17. Cases that are Appealed • Appeal • applying to a higher court for a reversal of the decision of a lower court • Losing party can claim errors of law or unfair administration of due process

18. Cases that are Appealed • Appellate Court • any court of law that is empowered to hear an appeal of a trial court or other lower tribunal

20. Appellate Court Procedures • Panel of Judges or Justices • Consist of 3 or more judges • Typically issue written opinion • May decide in one of three ways: • Uphold trial court’s decision • Reverse trial court’s decision • Send case back to lower court to be tried again

21. Appellate Court Procedures • Majority Opinion • States the decision of the court • Dissenting Opinion • Issued by judges who disagree with the majority opinion • Concurring Opinion • Issued by judges who agree with majority opinion, but for different reasons

22. Precedent and Stare Decisis • Precedent • Legal principle created by appellate court decision that lower court judges must follow when deciding similar cases • Stare Decisis • Latin term meaning “let the decision stand” • Principle that once the Court rules on a case, its decision serves as precedent for other courts

23. Appellate Court Procedures • SCOTUS • Creates precedents that all lower courts must follow • Appellate courts can overrule precedent, but does not happen often

24. Checkpoint • What are the differences among a majority opinion, a dissenting opinion, and a concurring opinion? • Why do courts follow precedent?

25. Jurisdiction • Original Jurisdiction • Authority of a court to try a case • General Jurisdiction • Authority to hear a wide variety of cases that deal with state or local law, state constitution, or federal law or federal constitution • Limited Jurisdiction • Authority to hear cases that raise questions about federal law or constitution

26. State and Local Courts • State Court Systems • State and local courts interpret and apply state and local laws • Courts of general jurisdiction • Most cases originate and are resolved in state/local courts • Three Types of Courts • Minor courts • General trial courts • Appeals courts

27. State and Local Courts • Minor Courts • Specialized to deal with specific types of issues (i.e. family law, traffic laws, juvenile law) • General Trial Courts • Hear a wide range of cases (civil or criminal)

28. State and Local Courts • State Appellate Courts • First step in the appeals process • State supreme court is highest appellate court

29. State and Local Courts • Judges • Selected popular election, election by the legislature, or appointment by governor • All state and local judges have term limits

30. Federal Courts • Article III • Sets out basic structure of federal court system • Creates Supreme Court • Gives Congress power to create lower courts • Federal district courts, federal courts of appeals, and U.S. Court of International Trade

31. Federal Courts • Courts of Limited Jurisdiction • Cases dealing with federal law or the federal constitution • Resolve disputes involving state laws between states

32. Federal Courts • Federal District Courts • 94 federal judicial districts created by Congress • Trial courts that handle both criminal and civil cases

33. Federal Courts • U.S. Circuit Courts • Federal courts of appeals • Trial courts grouped into 12 regional circuits • Handle appeals of trial court decisions from within their circuit

35. Federal Courts • Judges • 1,700 federal judges • Appointed by the President and confirmed by the Senate • Serve until the resign, retire, or die • Can only be removed by impeachment

36. Other Courts • Military Courts • Developed by Congress to handle matters specific to the military • Decisions of these courts can be appealed all the way to the Supreme Court • Tribal Courts • Hear criminal and civil cases operating within Native American reservations

37. Checkpoint • What is original jurisdiction and which courts have it? • Which courts have limited jurisdiction and what does this mean?