Presentation on theme: "Prior Knowledge What do you know about our Judicial System?"— Presentation transcript:
1 Prior Knowledge What do you know about our Judicial System? What do you think is FAIR about our Judicial System?What do you think is UNFAIR about our Judicial System?
2 Judicial System Structure General Judicial Terms Supreme Court Unit 2.4: Judicial SystemJudicial System StructureGeneral Judicial TermsSupreme Court
3 What sort of objects do you see? Who is this?What sort of objects do you see?How are they symbolic?Themis- Greek means orderScales- weigh all the evidence before making a decision.Sword- enforcement of the law; double edged sword in her right hand which divides with the power of Reason and JusticeBlindfold- justice if blind; everyone is equal before the law, no favorites
4 Judicial System Structure “Dual Court System”US has two separate court systems, federal and state.Jurisdiction, authority of a court, determines which court system hears a case.Can a person be charged in both federal and state courts for committing the same act?YES!!!!! If the same criminal act broke both federal and state laws.
5 Judicial System Structure Exclusive Jurisdiction- cases that can ONLY be heard in the federal courtsConcurrent Jurisdiction- cases that can be heard in federal AND state courtsOriginal Jurisdiction- trial court that hears a case for the first timeAppellate Jurisdiction- hears appeals from lower court decisions
6 Judicial System Structure Types of Federal CourtsConstitutional Courts (Inferior Courts)94 District Courts, 12 US Courts of Appeals, US Court of Appeals for Federal Circuit, US Court of International TradeSpecial Courts (Inferior Courts)US Court of Federal Claims, US Tax Court, Territorial Courts, US Court of Appeals for the Armed Forces, Courts of DC, US Court of Appeals for Veterans ClaimsSupreme Court
9 Warm UpWhy does it take 270 electoral votes to win the Electoral College?What is the difference between Exclusive and Concurrent Jurisdiction?What is the difference between Original and Appellate Jurisdiction?
11 United States Supreme Court Who’s on the Supreme Court?Supreme Court JurisdictionSupreme Court Operations
12 Who’s on the Supreme Court? John RobertsChief JusticeAge – 59 years oldAppt by George W. BushService since Sept 2005Antonin ScaliaAssociate JusticeAge – 78 years oldAppt by Ronald ReaganService since Sept 1986
13 Who’s on the Supreme Court? Anthony KennedyAssociate JusticeAge – 77 years oldAppt by Ronald ReaganService since Feb 1988Clarence ThomasAssociate JusticeAge – 65 years oldAppt by George H.W. BushService since Oct 1991
14 Who’s on the Supreme Court? Ruth Bader GinsburgAssociate JusticeAge – 81 years oldAppt by Bill ClintonService since Aug 1993Stephen BreyerAssociate JusticeAge – 75 years oldAppt by Bill ClintonService Aug 1994
15 Who’s on the Supreme Court? Samuel AlitoAssociate JusticeAge – 64 years oldAppt by George W. BushService Jan 2006Sonia SotomayorAssociate JusticeAge – 59 years oldAppt by Barack ObamaService since Aug 2008
16 Who’s on the Supreme Court? Elena KaganAssociate JusticeAge – 53 years oldAppt by Barack ObamaService Aug 2010
17 Who’s on the Supreme Court? General Order of Ideological LeaningsFrom Most Conservative to Most LiberalClarence ThomasAntonin ScaliaJohn RobertsSamuel AlitoAnthony Kennedy – often the swing voteStephen BreyerElena KaganSonia SotomayorRuth Bader Ginsburg – most liberal
18 Who’s on the Supreme Court? Appointed by the PresidentConfirmed by the SenateTenure of a Supreme Court Justice is stated in the Constitution - "shall hold their offices during good behavior"Means holds office for life, unless impeached and convicted or retires
19 Supreme Court Jurisdiction Supreme Court has both Original & Appellate Jurisdiction.But most cases are appealsOnly about 1 or 2 cases a year are heard in Original JurisdictionUsually they involve controversies between 2 or more states.How many cases do you think are appealed to the Supreme Court a year?About 8,000How many do you think are reviewed?Between 100 to 150Writ of Certiorari …..is issued when the Supreme Court directs the lower court to send its records in a case so that the higher court can review it.(sersh-oh-rare-ee)"to be informed of, or to be made certain in regard to"
20 Supreme Court Operations How would you imagine the Supreme Court hears their cases?They hear Oral Arguments from 10 am to 3 pm.In a case, the Supreme Court hears from each side for 30 minutes.During which the Justices are allowed to interrupt to ask questions.For each case the Justices have review the prior records and proceedings.On Fridays, the SC Justices discuss the cases and decide on their ruling1/3 of the Court’s rulings are unanimous.
21 Supreme Court Operations Courts Opinions are written after a ruling has been made.Majority Opinion- “Opinion of the Court”Reasoning behind the Justices’ decisionThis is used by the lower courts to follow precedentWritten or assigned by the Chief Justice. If the Chief Justice is in the minority, then senior most memberConcurring OpinionAlso written by a justice in the majority but may describe different reasoning usedDissenting OpinionsWritten by the Justices who do not agree with the majorityExpresses their opposition
22 Supreme Court Actions What is Judicial Review? Power of the court to determine the constitutionality of a government action.Judicial Restraint vs. Judicial ActivismJudicial Restraint – judicial philosophy in which people believe judges should decide cases based on the original intent of the Framers or those who enacted the statute involved in the case and on precedent.In other words, courts should allow the states and the other two branches of the federal government to solve social, economic, and political problems
23 Supreme Court Operations Judicial Restraint vs. Judicial ActivismJudicial Activism – judicial philosophy in which people believe judges should interpret and apply provisions in the Constitution and in statute law in response to ongoing changes in conditions and values of society.In other words, courts should take an active role in solving social, economic, and political problems.
24 Judicial Restraint vs. Judicial Activism Which do you think is better for the Supreme Court? What are some examples to support your case?