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The Judicial Branch Unit 5 Riberdy.

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Presentation on theme: "The Judicial Branch Unit 5 Riberdy."— Presentation transcript:

1 The Judicial Branch Unit 5 Riberdy

2 Court Systems & Jurisdictions

3 Creation of a National Judiciary
The Framers created the national judiciary in Article III of the Constitution. There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States. The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts. 2 3 4 Chapter 18, Section 1

4 Judicial function in the United States is exercised in a dual court system.

5 U.S. Courts Handle (have jurisdiction over) cases involving federal law and the Constitution.

6 State Courts Handle (have jurisdiction over) cases involving state matters.

7 The right of a court to hear a case and make a decision
Jurisdiction: The right of a court to hear a case and make a decision

8 Types of Jurisdiction Exclusive and Concurrent Jurisdiction
Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. Original and Appellate Jurisdiction A court in which a case is first heard is said to have original jurisdiction over that case. A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. The Supreme Court exercises both original and appellate jurisdiction.

9 Appellate Jurisdiction
Authority of a court to review the decisions of the lower court. Hears cases on appeal Original Jurisdiction Authority of a court to hear a case before any other court; grants a trial

10 Powers of the Judicial Branch

11 The hearing and judgment of a case in court.
Conduct Trials The hearing and judgment of a case in court.

12 Interpret the Law The Judicial Branch decides arguments about the meaning of laws, how they are applied and whether they break the rules of the U.S. Constitution.

13 Hear Appeals The right of a convicted person to ask a higher court to review his or her case.

14 Judicial Review The power to determine the constitutionality of laws and executive acts.

15 Role of the Judicial Branch in the System of Checks and Balances

16 Judicial Checks Judicial Powers over the Legislative Branch
The Judicial Branch can declare Congressional laws unconstitutional. Judicial Powers over the Executive Branch The Judicial Branch can declare executive acts unconstitutional.

17 Checks on the Judicial Branch
Legislative Powers over the Judicial Branch Congress approves and can impeach federal judges Executive Powers over the Judicial Branch The President appoints federal judges.

18 The Federal Court System

19 The Federal Court System
The federal courts try cases involving federal laws and the Constitution.

20 U.S. Supreme Court U.S. Court of Appeals U.S. District Courts

21 The Constitution and Laws define the jurisdictions, powers and structure of the federal courts.

22 Types of Cases heard by Federal Courts:
-Constitutional Questions -Crime committed on federal property Violation of federal laws Disputes between states Disputes involving foreign governments.

23 District Court Jurisdiction Federal Judicial Districts
The District Courts District Court Jurisdiction District courts have original jurisdiction over most cases that are heard in federal courts. The district courts hear a wide range of criminal cases and civil cases. A criminal case, in the federal courts, is one in which a defendant is tried for committing some action that Congress declared by law to be a federal crime. A federal civil case is one which involves noncriminal matters. Federal Judicial Districts The 94 federal judicial districts include at least one district in each State, the District of Columbia, and Puerto Rico. Larger and more populous States are divided into two or more districts, reflecting the larger amount of judicial work done there.

24 U.S. District Courts Only Trial Court Plaintiff: U.S. Government
Defendant: Accused 1 Judge Jury Original Jurisdiction

25 U.S. Court of Appeals If unhappy with ruling in District Court, the accused needs a legal reason to appeal to this court. 3 Justices (judges) No jury Appellate Jurisdiction

26 Appellate Court Judges Appellate Court Jurisdiction
The Courts of Appeals The courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases. Appellate Court Judges Altogether, 179 circuit judges sit in the 12 appeals courts. A Supreme Court justice is also assigned to each of the circuits. Appellate Court Jurisdiction The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.

27 U.S. Supreme Court Final court of appeals if unhappy with ruling in District Court of Appeals 9 Justices No Jury Appellate jurisdiction Limited Original Jurisdiction

28 The U.S. Supreme Court and Judicial Review

29 U.S. Supreme Court Highest Court in the land
The only court specifically listed in the U.S. Constitution Justices appointed by the President and approved by the Senate Appointed for life Can be impeached by Congress

30 The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.

31 Judicial Review

32 Judicial Review The power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional.

33 Judicial Review Judicial review refers to the power of a court to determine the constitutionality of a government action. The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803). The Court’s decision laid the foundation for its involvement in the development of the American system of government. 1 2 4 Chapter 18, Section 3

34 Marbury v. Madison 1803 *Established the principle of judicial review.
*Established the Supreme Court as the interpreter of the Constitution. *1st time that the Supreme Court said an act of Congress was unconstitutional. Marbury v. Madison 1803

35 Supreme Court Jurisdiction
The Supreme Court has both original and appellate jurisdiction. The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year. 1 2 4 Chapter 18, Section 3

36 How Cases Reach the Supreme Court
For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court’s docket. Writ of Certiorari Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Certificate Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.

37 Opinions of the Court Once the Court finishes its conference, it reaches a decision and its opinion is written. 1 2 4 Chapter 18, Section 3


39 Brown v. Board of Education
*The Supreme Court declared a state law unconstitutional. *Racial segregation in public schools violated the Constitution *Violated the 14th Amendment: All citizens have equal protection under the law Brown v. Board of Education 1954


41 *The Supreme Court decided the outcome of the presidential election.
*Manual recount of presidential votes in Florida would stop *Recount was unconstitutional: it could not be completed by the deadline. Bush v. Gore 2000


43 The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.

44 Principles of the Judicial Branch

45 Due Process Rights Principle Where is it Found? What does it mean?
5th Amendment prohibits the national government from acting in an unfair manner. 14th Amendment prohibits the states and local governments from acting in an unfair manner. The Constitutional protection against unfair government action and laws.

46 Trial by Jury 6th Amendment
Principle Where is it Found? What does it mean? Trial by Jury 6th Amendment Right to a speedy and public trial, by an impartial jury

47 Rights of the Accused 6th Amendment Principle Where is it Found?
What does it mean? Rights of the Accused 6th Amendment to be informed of the charges to cross examine witnesses to have witness on their behalf assistance of counsel


49 Equal Protection under the law
Principle Where is it Found? What does it mean? Equal Protection under the law 14th Amendment States can not deny any person equal protection. Further defined that all men are created equal

50 The judicial branch interprets the law in order to protect individuals from the power of the government.

51 Appointment of Judges The power to appoint judges to federal courts falls on the President. The President nominates Supreme Court justices, as well as federal court judges, who are then subject to the approval of the Senate. Most federal judges are drawn from the ranks of leading attorneys, legal scholars and law school professors, former members of Congress, and State courts. 2 3 4 Chapter 18, Section 1

52 Terms and Pay of Judges Judges appointed to the constitutional courts, including the Supreme Court, are appointed for life. Judges of constitutional courts may only be removed by their own will or through impeachment. Only 13 federal judges have ever been impeached, and of them, seven were convicted. Judges who sit in the special courts are appointed for terms varying from 4 to 15 years. Congress determines salaries for federal judges. 2 3 4 Chapter 18, Section 1

53 Criminal Cases and Procedures

54 Criminal Cases The court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or felony, a more serious crime punishable by more than a year in prison.

55 Procedures for a criminal case
Arrest Jail or Bail Arraignment Preliminary Hearing Trial Sentencing

56 Arrest Police can place someone under arrest if:
There is probable cause- reason to believe someone is guilty of a crime. The police officer witnesses a crime. An arrest warrant is issued. Miranda rights must be read: right to remain silent, to have an attorney

57 Jail or Bail The accused may be committed to jail or released on bail.
Bail- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial

58 Arraignment First Meeting in front of a judge Bail is set
Attorney is appointed by the court if requested Preliminary Trial date is set

59 Preliminary Hearing Guilty or not guilty plea is entered
Judge reviews probable cause (is there enough evidence to proceed to trial?) Trial date is set

60 Trial (District Court)
Prosecution- Government Attorney Defense- Accused and Attorney Jury is chosen Opening Statements Witness Testimony and Cross-Examination Closing Arguments Jury Deliberation- must find the accused guilty beyond a reasonable doubt. Verdict

61 Sentencing If a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.

62 Appeal The convicted may appeal the case to a higher court if his/hers rights were violated or if there was an error in the court procedures.

63 Civil Cases

64 Civil Cases The court settles a disagreement between two parties; often over money or harm to someone’s reputation.

65 Plaintiff Person who feels that they have been wronged
Initiates (begins) lawsuit Files complain to recover damages or to receive money Describes plaintiff’s injury, asks court to order relief

66 Defendant Served a copy of the complaint
Defends themselves against the complaint Has to be proven guilty by a preponderance (majority) of the evidence

67 Disagreement Settled by:
Jury Judge explains law that is relevant in the case Determine if defendant is responsible damages or compensation Judge Bench Trial Determines if defendant is responsible Determines amount of damages or compensation

68 The court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to the Supreme Court.

69 Juvenile Crime

70 Juvenile Anyone under the age of 18

71 Juvenile who commits an act that would be a crime if they were an adult.
Juvenile Delinquent

72 Procedures for Juvenile Cases
No juvenile is tried in the federal court system; state systems only Juveniles who commit serious crimes can be tried as adults No jury trials for juveniles; judges have greater latitude in handling cases Goal of the juvenile justice system is to rehabilitate not to punish

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