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The Judicial Branch. US Court System Article III of the Constitution created The United States Supreme Court Authorizes Congress to create all US Courts.

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Presentation on theme: "The Judicial Branch. US Court System Article III of the Constitution created The United States Supreme Court Authorizes Congress to create all US Courts."— Presentation transcript:

1 The Judicial Branch

2 US Court System Article III of the Constitution created The United States Supreme Court Authorizes Congress to create all US Courts below Supreme Court 12 Appeals Courts, 94 District Courts Special Courts & Military Courts

3 United States Supreme Court Highest Court in the United States, Hear appeals from lower courts 9 Justices – Appointed by President and confirmed by the Senate Serve for Life or Good Behavior Ultimate Authority on Constitutionality

4 Hearing Cases 7,000+ Appeals Every Year Justices choose to hear less than 200 cases 4 of 9 Justices must agree to hear a case Important, Constitutional Issues that can affect the entire country

5 Case Procedure Written Arguments: Submitted by each side Oral Arguments: Made in front of all 9 Justices Conferences: Secret meetings between justices Writing Opinions: Senior Judge in Majority either Writes or assigns Majority Opinion. Others can write Concurring or Dissenting Opinions

6 Judicial Review The Power to declare a Law passed by Congress to be Unconstitutional This power is NOT given to the Supreme Court in the Constitution The Court claimed this power in 1803, while deciding the Case, Marbury v Madison

7 Marbury v Madison, 1803 During his last weeks in office, President John Adams appointed William Marbury to be Justice of the Peace for Washington DC

8 Marbury v. Madison, 1803 Thomas Jefferson becomes President His Secretary of State, James Madison refuses to deliver Marburys commission

9 Marbury v. Madison, 1803 Judiciary Act of 1789 had expanded the Power of the US Supreme Court Marbury takes Madison to Court, and asks the Court to issue a writ, compelling Madison to deliver the Commision VS

10 Marbury v. Madison, 1803 Chief Justice John Marshall believed that Marbury should get the job Afraid if he issued the writ, that Jefferson and Madison would ignore it, and reduce power and prestige of Supreme Court Instead, he said that the 1789 law gave the court powers beyond Article III and was therefore Unconstitutional Established Principle of Judicial Review

11 Types of Law: Criminal Law The Government charges a Person with a Crime The Government must prove that a Person is guilty beyond a reasonable doubt Punishment = Prison and/or fines

12 Types of Law: Civil Law A Person or Government sues another Person or Government The side that can convince a judge or jury of their position with a preponderance of evidence is the winner Winning side receives money

13 Types of Courts Courts of Original Jurisdiction: Lowest level, where original trials are held. Usually have Judge & Jury Appellate Courts: Hear appeals from lower Courts. Cases are heard by a panel of Judges. No Juries in Appellate Courts

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15 State and Local Courts All 50 States have their own court systems States have District, Appeals and their own Supreme Courts Appeals from State Supreme Courts are heard by the US Supreme Court Cities and Towns may have local trial courts


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