2 Finally , the third Branch of Government: Judicial Branch 2014
3 Judicial Branch Final part of the government Interprets the laws Determines right or wrongChecks for fairness of the lawsPunishes offendersCourts make up the judicial branchLeast understood branch of the government
4 Most cases tried each year are heard by state courts. Jurisdiction: cases involving state or local lawsMedia Courthouse is a state courtExamples: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 CourtsThe 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 courtsThese 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/CrimesDrug CrimesGun CrimesImmigration CrimesMoney LaunderingChild PornographyKidnappingTax CrimesOur 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: FEDERALNOTE 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: CONCURRENTNOTE 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: STATENOTE 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 agenciesAn official representative of a foreign governmentOne of the 50 states suing another state, a resident of another state, or a foreign governmentA U.S. citizen suing a citizen of another state or a foreign government or citizenNOTE 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 Termsinferior courts: the lower federal courts beneath the Supreme Courtjurisdiction: the authority of a court to try and decide a caseconcurrent jurisdiction: when federal and state courts both have the power to hear a caseplaintiff: the person who files a lawsuitdefendant: the person against whom a legal complaint is madeCases 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 caseappellate jurisdiction: the power to hear a case on appeal from the court with original jurisdictionjudicial restraint: the philosophy that judges should decide cases based on the original intent of the lawmakers and on precedentprecedent: prior judicial decisions that guide rulings on similar casesjudicial activism: the philosophy that judges should also take current social conditions into account when deciding casesThe 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 writtenPrecedents set by rulings in similar cases.
16 Judicial ActivismJudicial 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 lawPunishment 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 elseIf found guilty or “responsible” – owes moneyCannot end up in jail from these types of casesJury: “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 assaultFelony vs. Misdemeanor (Criminal)
20 Felony vs. Misdemeanor (Criminal) Misdemeanor – less serious, but still serious offenses, involves a trialAssault, DUISummary offenses – least serious, usually only fines, not usually a trialDisorderly conduct, public drunkenness,IN PA – Felony 3 – max 7 yrs in prison, Felony 2 max 10 yrs, Felony 1 max 20 yrs to lifeMisdemeanor 3 – max 1 yrs in jail, Mis 2 – max 2 yrs in jail, Mis 1 – max 5 yrs in jailSummary 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 caseMiranda v. Arizona, 1966
22 A Legal term… Writ of habeas corpus Writ of habeas corpusArrested 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 crisisExamples: during riots or during a war
23 Supreme Court Highest Court in the United States Appointed by the PresidentConfirmed by the SenateAppointed for life…or until retirementCan be impeached for wrongs/ behaviorHead Justice is the Chief JusticeSupreme CourtHighest Court in the United StatesJustices to Supreme Court – Today = 9
24 Supreme Court Cases Most cases come to them on appeal Most cases come to them on appealCame up from either lower federal courts or from states courtsUsually challenging certain rightsOften 14th Amendment questionsSome involve Judicial reviewinterpretation of the lawDetermine constitutional or unconstitutionalAlso hear cases involving the governmentGore v. Bush, 2000
25 Selection of Federal Judges Nominated by the PresidentConfirmed by the Senate“senatorial courtesy” – consults with senators of state where position is locatedWill also consult with Attorney GeneralAlso appointed for life except on Special Courts have terms of 8-15 yearsDC courts have terms of 4 – 8 years
26 President Andrew Jackson 7th President of the US,1st to ever defy a Supreme Court rulingCherokee Nation v. GeorgiaCherokee won the right to stay on their land in Georgia – Chief Justice John MarshallJackson ignored ruling & sent Army to move them to Oklahoma“Trail of Tears” – journey of the CherokeesAt least 4,000 died during walk, little supplies
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