1. The Judicial Branch
Chapter 10

2. Essential Questions Why do we need a court system in America?
Do State and Federal courts do the same thing?
What is the intent of civil law?
What is the intent of criminal law?
Why is the concept of judicial review critical to the way we interpret laws?

3. The Court System
Judges are the most important members of the Judicial Branch.
Basic Functions of Courts:
Apply the law to an actual situation
Interpret the law, and determine how to apply it
Resolve 2 Kinds of conflict seen by courts
Civil – settles disagreements
Criminal – decides guilt, innocence, and punishment

4. Parties: Specified Names
Key Terms:
Plaintiff – an individual or group of people who bring a complaint against another party
Defendant – the party who answers a complaint and defends against it
Prosecution – a government body that brings criminal charges against a defendant who is accused of breaking one of its laws (The People)
Civil Cases: Listed Plaintiff, Defendant
EX: Edwards vs. Techno Corporation
Criminal Cases: Listed Prosecution, Defendant
EX: The People of the State of Ohio vs. Ashley

5. Interpretation
Due to different interpretations of the law, a decision of the court can be known as a precedent
Precedent – a guideline for how all similar cases should be decided in the future
Broad precedents are made in the highest federal courts
Most cases start in State courts because most of the laws that govern our everyday actions are state and local laws.

6. State & Federal Courts
Original Jurisdiction – the authority to hear a case first
Determines the facts in the case
If one side of the case believes it was a wrong decision, they have the right to appeal it.
Appeal – to ask a higher court to review the decision and determine if justice was done.
Each state has appeals courts
Appellate Jurisdiction – the authority to hear an appeal
Reviews legal issues ONLY
Can uphold or reverse the lower court’s decision

7. State Court Levels 1. Trial Court 2. Appeals Court
3. A court of final appeals
Federal Court Cases:
Involve federal law (original jurisdiction)
Appeals from state supreme courts (goes to the SUPREME COURT)

8. District Courts “Workhorses” of the federal court system
Handle 80% of the federal caseload
Each state has at least one district court
Original jurisdiction on cases involving kidnapping or a city’s failure to obey federal air pollution standards

9. Court of Appeals Total of 12 in the United States
Handle appeals from the federal district courts
No jury, witnesses, or examining of evidence
Lawyers make arguments in front of a panel of 3 judges.
Was the law fair and interpreted correctly

10. The Supreme Court Final court for both state and federal court systems
Highest Law of The Land
9 Supreme Court justices
Judges must be impartial
All federal judges are appointed by the President and confirmed by the Senate
Serve life terms and cannot be removed unless through the impeachment process

11. The Supreme Court The most important power:
Judicial Review – the power to overturn any law that the Court decides is in conflict with the Constitution
*Has to be in relation to a specific case
Court Case: Marbury vs. Madison (1803)

12. Justices
Chosen from judges, lawyers, and legal scholars in the country
Chief Justice and 8 other justices (Established in the Constitution)
Chief Justice earns $198,600/year
Other Justices earn $190,100/year
108 Justices have served the court (only 4 were not white men)
1. Thurgood Marshall
2. Clarence Thomas
3. Sandra Day O’Connor
4. Ruth Bader Ginsberg

13. Hearing Arguments
They hear arguments for and write full opinions on about 100 cases per year (on the most important constitutional issues)
The Process:
Each side submits written arguments
Justices study the arguments and records of the case
Attorneys of each side present oral arguments (in 30 minutes)
Justices have many questions for the attorneys.
Decision Time:
Take a majority vote
Opinions – a written statement explaining the reason for the decision. (Written by the majority)
Concurring opinion (agrees for different reasons)
Dissenting (does not agree with the majority opinion)