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The Judicial Branch of Government under Article III of Constitution

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Presentation on theme: "The Judicial Branch of Government under Article III of Constitution"— Presentation transcript:

1 The Judicial Branch of Government under Article III of Constitution

2 I. Federal Court System a. Congress has expressed powers to create lower courts (Art. II) Supreme Court (9 Justices) Jurisdiction-original and appellate –Last resort 13 Regional Court of Appeals 94 District Federal Courts (basic trial courts for federal crimes) FL has 3 -has prosecution and defense, cases argued

3 b. Federal Jurisdiction:
1. all cases involving federal laws (ex: violation of Civil Rights Act) 2. interpretation of Constitution 3. treaties 4. criminal or civil issues w/ambassadors 5. ships on the high seas 6. Conflicts btwn. States or citizens of different states 7. Conflicts btwn. Citizens or states & foreign governments 8. Bankruptcy

4 Appellate Courts (the appeals process)
no new trial, review of case to ensure law is properly applied d. Selection of Federal Judges 1. president appoints and Senate approves

5 The Supreme Court

6 I. Terms and Composition of Court a
I. Terms and Composition of Court a. 9 Justices appointed by President confirmed by Congress 1. life or retirement b. 1st Women –Sandra Day O’Connor 2nd –Ruth Bader Ginsberg 3rd- Sonia Sotomayer

7 c. Chief Justice- John Roberts (Bush appointee)
The Roberts Court- Omit Stevins, insert Kagan

8 d. 1st African American- Thurgood Marshall
2nd Clarence Thomas Thurgood Marshall- as lawyer argued Brown v Board of Education 1. SC case that overturned “separate but equal doctrine” from Plessey v Ferguson 2. argued that doctrine violated 14th Amendment –equal protection under the law 3. video clip here


10 2. argued against death penalty (declared unconstitutional during the 1970s

11 Duties and Powers of the Court
a. judicial review- decides on Constitutionality of law (Congress) or executive order (President) Process: 1. decides which cases to hear: uses writ of certiorari (calls up cases from lower courts) 2. friend of court or interested party may appeal to the court to take case

12 3. will place on docket 4. Justices will hear case and write an opinion (verdict) -majority opinion-explains rationale -concurring opinion- single justice explaining opinion -dissenting opinion- justice in minority explaining opposition

13 SW. 1. Court establishes precedent w/majority opinions
SW? 1. Court establishes precedent w/majority opinions. By deciding the constitutionality of cases, lawyers may use case to make valid arguments. 2. by deciding constitutionality- the Court makes policy *judicial activism- court uses power to affect social outcomes ex: Roe v Wade

14 3. What gives the Supreme Court the right to do this?
Marbury v Madison (video clip) 4. Other landmark cases that depict judicial activism Miranda v Arizona Roe v Wade Brown v Board

15 III. The Dual Court System
1. meaning both federal and state court systems 2. Laws : statutory- written down ex: laws passed by Congress state legislatures ordinances (local -city councils)

16 Florida State Court System –for state laws
Florida State Supreme Court Florida District Court of Appeals (an appellate court) County Courts Trial courts for misdemeanors and traffic (67) Circuit Courts For felonies and civil cases (20)

17 3. Trials Civil trials- one private party sues another (not criminal Criminal trials- government files charges against person for violation of statute (can be local, state or federal levels) Prosecutors- are elected officials. Very powerful make decisions 1. when to try 2. charges

18 4. Plea Bargain- defendant admits crime before trial (in avoidance of trial) for lighter punishment. 5. Jury duty- 18 or over. Civic duty- crime for no-show. No felons

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