Presentation on theme: "Unit 2: Your Day in Court is Coming"— Presentation transcript:
1Unit 2: Your Day in Court is Coming STANDARD 16 A, C ,DChapter 14: The CourtsAmerican Government
2GPS StandardsSSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts.c. Describe how the Supreme Court decides cases.d. Compare the philosophies of judicial activism and judicial restraint.
3Essential QuestionHow has the judicial branch developed “co- equal” powers to rival the legislative and executive branches?
4Organization of Courts Some Court FundamentalsCriminal Case: a court case involving a crime, or violation of public orderCivil Case: a court case that involves a private dispute arising from such matters as accidents, contractual obligations, and divorce
5Organization of Courts Some Court FundamentalsMost cases never go to trialPlea Bargain: a defendant’s admission of guilt in exchange for a less severe punishmentSettle: parties to litigation resolve a dispute between themselvesOpinion: explanation justifying a judge’s ruling
7Organization of Courts Some Court FundamentalsFederal court organizationU.S. District Court: a court within the lowest tier of the three-tiered federal court system; a court where litigation beginsU.S. Court of Appeals: a court within the second tier of the three-tiered federal court system, to which the decisions of the district courts ad federal agencies may be appealed for reviewThe Supreme Court: highest court
9Organization of Courts The U.S. District CourtsSources of litigationFederal criminal cases, as defined by national lawCivil cases brought by individuals, groups or the government, alleging violation of national lawCivil cases brought against the national governmentCivil cases between citizens of different states when the amount in controversy exceeds $75,000
19The Supreme Court John Roberts The Supreme Court’s task: providing equal justice under law while making justice the guardian of libertyJohn Roberts
20The Supreme Court Access to the Court Sources of Supreme Court cases Original Jurisdiction: the authority of a court to hear case before any other court doesAppellate Jurisdiction: is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts
22The Supreme Court Access to the Court Appellate litigation must satisfy two conditionsCase must have reached the end of the line in the state court systemCase must raise a federal question: an issue covered by the U.S. Constitution, national laws or U.S. treaties
23Access to and Decision Making in the U.S. Supreme Court
24The Supreme Court Decision Making Attorneys submit briefs; oral arguments may be heardconferences: chief justice presents cases and his vote, others discuss and vote
25The Supreme Court Decision Making Judicial Restraint and Judicial ActivismJudicial Restraint: a judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decisionJudicial Activism: a judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions
27The Supreme Court Decision Making Judgment and Argument Judgment: the judicial decision in a court caseArgument: the heart of a judicial opinion; its logical content separated from facts, rhetoric and procedureOpinions may be unanimous
29The Supreme Court Decision Making The Opinion Chief justice or most senior justice in the majority writes or assigns the majority opinionOpinion writing is the justices’ most critical functionOpinion drafts are circulated and rewritten to accommodate colleagues