1. Chapter 10: The Judicial Branch

2. Role of Courts Judicial Branch – Supreme Court and Federal Courts
Solve disputes about laws
Interpret the law & decide how it applies to specific situations
Two types of cases
Criminal – broken laws
Civil – disagreements and violations of constitutional rights

3. Role of Courts, cont. Civil cases Criminal cases
Plaintiff – brings complaint
Defendant – defends against complaint
Ex. Edwards v. Mercy Medical
Edwards – plaintiff; Mercy Medical – defendant
Criminal cases
Prosecution – brings criminal charges
Defendant – accused of breaking the law
People of the State of Alabama v. Smith
People of the State of Alabama – prosecution
Smith - defendant

4. Role of Courts, cont. Judge – interprets the law
Jury – decides the facts in the case

5. Role of Courts, cont. State Courts & Federal Courts
Different levels and types of courts (traffic court, divorce/family court, etc.)
Original Jurisdiction – court’s authority to hear a case first.
Courts with original jurisdiction are called trial courts

6. Role of Courts, cont.
The outcome can be appealed & a higher court can review the decision
Appeals courts hear the cases & have appellate jurisdiction
Appeals courts don’t hear trials or decide facts, just reviews case & decide if laws were applied fairly
Can affirm (keep) lower court’s decision
Or reverse the court’s decision & demand another trial

7. Role of Courts, cont. Federal Courts hear:
Cases involving federal laws
Cases appealed from state supreme courts; these cases must involve a federal law or constitutional issue (Supreme Court hears these cases)

8. Organization of the Federal Courts
Judiciary Act of 1789 – created district courts & courts of appeals
District Courts
Workhorses of the federal court system
Each state has at least one district court
Trials with witnesses, juries and a judge

9. Organization of the Federal Courts, cont.
Courts of Appeals, also Circuit Courts
Handle appeals from district courts
12 courts of appeals
District courts within a geographic area are grouped together into a circuit
No witnesses, no jury, doesn’t look at evidence – only decide if original trial was fair & if law was interpreted correctly

10. Organization of the Federal Courts, cont.
Supreme Court
Highest court in federal system
Final court of appeals for state & federal systems
Other Special Courts
Court of Claims, Court of Customs and Patent Appeals & Tax Court

11. The Supreme Court
Has the final say in the interpretation of the Constitution
Judicial Review – power to overturn any law that the Court decides is in conflict with the Constitution
Marbury v. Madison (1803) – Chief Justice John Marshall argued that Court can declare a law unconstitutional; established judicial review

12. The Supreme Court, cont. Justices
Nominated by the President, but must be confirmed by the Senate
Serve for life or until retire
9 Supreme Court Justices

13. The Supreme Court, cont. Work of the Supreme Court Hear arguments
Choose what cases are heard
Choose cases dealing with Constitutional issues
Hear arguments
Briefs (written arguments) are submitted by the lawyers
Each lawyer presents arguments and justices ask them questions

14. The Supreme Court, cont. Make a Decision Write Opinions
Justices discuss case and vote
Majority wins
Write Opinions
Statement explaining the reason for the decision
Shows how to apply the law & interpret the Constitution
Majority opinion
Dissenting opinion