1. The Judicial Branch
Chapter 18

2. Finally , the third Branch of Government: Judicial Branch
2014

3. Judicial Branch Final part of the government Interprets the laws
Determines right or wrong
Checks for fairness of the laws
Punishes offenders
Courts make up the judicial branch
Least understood branch of the government

4. Most cases tried each year are heard by state courts.
Jurisdiction: cases involving state or local laws
Media Courthouse is a state court
Examples:
The states each have their own court systems that exist side-by-side with the federal courts.
Most cases tried each year are heard by state courts.

5. Types of Federal Courts
The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed.
Congress created the Constitutional Courts
The states each have their own court systems that exist side-by-side with the federal courts.
Most cases tried each year are heard by state courts.
Constitutional courts exercise the judicial power of the United States and hear a wide range of cases dealing with federal laws.
Special courts hear specific types of cases related to the expressed powers of Congress?????

6. Types of Federal Courts, cont.
We will not focus on these courts, just know they exist.
Types of Federal Courts, cont.
Congress created the special courts
These courts have narrowly defined jurisdictions.

7. What is a Federal Law/Crime?
A federal crime is a violation of a law passed by the United States Congress.
Some Examples of a Federal Law/Crimes
Drug Crimes
Gun Crimes
Immigration Crimes
Money Laundering
Child Pornography
Kidnapping
Tax Crimes
Our closest Federal court is in Philadelphia

8. Federal courts Federal courts usually try cases that only they have authority to hear.
Federal courts can hear any case whose subject matter involves the interpretation and of the Constitution

9. Which Court?
Two separate court systems, federal and State, hear and decide cases in the United States.
Scenario: Citizen M robs a bank in California.
Jurisdiction: FEDERAL
NOTE TO TEACHER: This is a federal case because bank robbery violates a federal law, regardless of the State in which the crime is committed.

10. Which Court? cont.
Scenario: Citizen X of Michigan sues Citizen Y of Massachusetts for $80,000 in damages caused as the result of a car accident.
Jurisdiction: CONCURRENT
NOTE TO TEACHER: This is a concurrent case because when a citizen from one State sues a citizen of another State for damages greater than $75,000, the case can be heard in either a federal or State court.

11. Which Court? cont.
Scenario: Citizen Y of Ohio has her car repaired at AJ’s, the local repair shop. Her car breaks down on her way home. She sues the repair shop for breach of contract.
Jurisdiction: STATE
NOTE TO TEACHER: This is a State case because State courts usually hear cases involving events in the State.Since AJ’s is an Ohio business, the State has jurisdiction over the case.

12. Federal Jurisdiction, cont.
Checkpoint: What parties must bring their cases to a federal court?
The United States or its officers and agencies
An official representative of a foreign government
One of the 50 states suing another state, a resident of another state, or a foreign government
A U.S. citizen suing a citizen of another state or a foreign government or citizen
NOTE TO TEACHER: The federal courts can also hear a case involving a citizen of a state suing another citizen of the same state where both claim title to land under grants from different states.
Checkpoint Answer: The United States or its officers or agencies, an official representative of a foreign government, one of the 50 states suing another state, a resident of another state, or a foreign government, and a U.S. citizen suing a citizen of another state or a foreign government or citizen. 12

13. Key Terms
inferior courts: the lower federal courts beneath the Supreme Court
jurisdiction: the authority of a court to try and decide a case
concurrent jurisdiction: when federal and state courts both have the power to hear a case
plaintiff: the person who files a lawsuit
defendant: the person against whom a legal complaint is made
Cases with concurrent jurisdiction can be tried in either a federal or state court.

14. Key Terms, cont.
original jurisdiction: the power held by the first court to hear a case
appellate jurisdiction: the power to hear a case on appeal from the court with original jurisdiction
judicial restraint: the philosophy that judges should decide cases based on the original intent of the lawmakers and on precedent
precedent: prior judicial decisions that guide rulings on similar cases
judicial activism: the philosophy that judges should also take current social conditions into account when deciding cases
The court in which a case is first heard has original jurisdiction for that case.
A court with appellate jurisdiction rules on cases that were first tried in other courts.
Appellate courts review these cases to ensure that the law was correctly applied. They can uphold or overturn earlier decisions.

15. Judicial Restraint Judges make decisions that shape public policy.
Judicial restraint argues that the courts should defer to the policy decisions of the legislative and executive branches.
Supporters of judicial restraint believe that judges should decide cases based upon:
The intent of the Framers and Congress when the law was originally written
Precedents set by rulings in similar cases.

16. Judicial Activism
Judicial activism argues that judges should take into account how social values and conditions may have changed over time when they interpret the law.
Supporters of this principle believe that judges can and should make independent decisions when their interpretation of law differs from that of the legislative and executive branches.
Supporters of this principle believe that judges can and should make independent decisions when their interpretation of law differs from that of the legislative and executive branches.

17. Criminal Cases vs. Civil Cases
Criminal law – accused of breaking a law
Punishment can be community service, fines, jail time, death penalty (where that is used)
Jury must find accused “guilty beyond a reasonable doubt”
Civil Law – when someone sues someone else
If found guilty or “responsible” – owes money
Cannot end up in jail from these types of cases
Jury: “preponderance of the evidence” Meaning?
Criminal Cases vs. Civil Cases

18. Feature Question Answer: A judge might rule differently in future cases involving similar issues, or disagree with the precedent set by his or her previous rulings in similar cases.

19. Felony vs. Misdemeanor (Criminal)
Felony – most serious offenses Murder, rape, arson, burglary, aggravated assault
Felony vs. Misdemeanor (Criminal)

20. Felony vs. Misdemeanor (Criminal)
Misdemeanor – less serious, but still serious offenses, involves a trial
Assault, DUI
Summary offenses – least serious, usually only fines, not usually a trial
Disorderly conduct, public drunkenness,
IN PA – Felony 3 – max 7 yrs in prison, Felony 2 max 10 yrs, Felony 1 max 20 yrs to life
Misdemeanor 3 – max 1 yrs in jail, Mis 2 – max 2 yrs in jail, Mis 1 – max 5 yrs in jail
Summary offenses – max 90 days in jail & / or $300 fine – also includes Harassment

21. Miranda Rights Rights of the accused when arrested
Came from Supreme Court case
Miranda v. Arizona, 1966

22. A Legal term… Writ of habeas corpus
Writ of habeas corpus
Arrested person must know the reason arrested (charges) through the arraignment (court hearing when charged )
Federal and state govts can only suspend this right in times of rebellion or crisis
Examples: during riots or during a war

23. Supreme Court Highest Court in the United States
Appointed by the President
Confirmed by the Senate
Appointed for life…or until retirement
Can be impeached for wrongs/ behavior
Head Justice is the Chief Justice
Supreme Court
Highest Court in the United States
Justices to Supreme Court – Today = 9

24. Supreme Court Cases Most cases come to them on appeal
Most cases come to them on appeal
Came up from either lower federal courts or from states courts
Usually challenging certain rights
Often 14th Amendment questions
Some involve Judicial review
interpretation of the law
Determine constitutional or unconstitutional
Also hear cases involving the government
Gore v. Bush, 2000

25. Selection of Federal Judges
Nominated by the President
Confirmed by the Senate
“senatorial courtesy” – consults with senators of state where position is located
Will also consult with Attorney General
Also appointed for life except on Special Courts have terms of 8-15 years
DC courts have terms of 4 – 8 years

26. President Andrew Jackson
7th President of the US,
1st to ever defy a Supreme Court ruling
Cherokee Nation v. Georgia
Cherokee won the right to stay on their land in Georgia – Chief Justice John Marshall
Jackson ignored ruling & sent Army to move them to Oklahoma
“Trail of Tears” – journey of the Cherokees
At least 4,000 died during walk, little supplies