1. JUDICIAL BRANCH Chapter Seven, Lessons 1 & 2

2. Judicial branch has two main jobs: Judicial branch has two main jobs: Ensure that laws are fairly enforced Ensure that laws are fairly enforced Interpret laws Interpret laws Court hear two types of cases Court hear two types of cases Criminal- People accused of a crime appear in court for a trial. Witnesses give evidence. A jury or judge decides guilty or not guilty. Criminal- People accused of a crime appear in court for a trial. Witnesses give evidence. A jury or judge decides guilty or not guilty. Civil- Occurs between two parties who feel that their rights have been harmed. Each side argues their case then the court applies the law to the situation. Civil- Occurs between two parties who feel that their rights have been harmed. Each side argues their case then the court applies the law to the situation. Three types: 1) between two private parties, 2) between private party and the government, 3) between US government and a state or local government or between states. Three types: 1) between two private parties, 2) between private party and the government, 3) between US government and a state or local government or between states.

3. Before the constitution was written, the United States was governed by the…. Articles of Confederation! Under this government, there were no national courts. Each state had its own laws and its own court system. People did not receive equal justice in each state. Because of this, the founders decided to create a national judiciary in Article III of the constitution, which established a Supreme Court. It also gave Congress the power to make lower courts. With the Judiciary Act of 1789, Congress created two types of lower courts- district and circuit courts. Circuit hears appeals from district. The Supreme Court is the court of FINAL appeal!

4. Dual court system- made up of both federal and state courts State courts get their power from state constitutions and laws, but the United States Constitution is the “supreme law of the land.”

5. Article III of the constitution gives federal courts jurisdiction- the authority to hear and decide a case- only in certain kinds of cases. Cases get to federal courts if they Involve the constitution (ex. Freedom of speech) Involve federal law (ex. Kidnapping, tax evasion) Involve the federal government or foreign diplomats (ex. Foreign policy issues) Involve different states or people from different states Involve special areas of law (ex. admiralty and maritime laws) Exclusive jurisdiction- authority of only federal courts to hear and decide cases. Concurrent jurisdiction- authority of both state and federal governments to hear and decide cases.

6. Structure of Lower Courts Supreme Court Court of Appeals District Courts Lower Courts

7. DISTRICT COURTS Have original jurisdiction, or the authority to hear cases for the first time Have original jurisdiction, or the authority to hear cases for the first time There are 94 district courts. Each state has at least one. There are 94 district courts. Each state has at least one. Trial courts that take criminal and civil cases. Trial courts that take criminal and civil cases. The only federal courts in which witnesses testify and juries hear cases and reach verdicts. The only federal courts in which witnesses testify and juries hear cases and reach verdicts.

8. CIRCUIT COURT OF APPEALS aka federal appeals courts, courts of appeal, appellate courts aka federal appeals courts, courts of appeal, appellate courts The losing side of a case appeals. The losing side of a case appeals. There are 12 circuits There are 12 circuits Rulings are made by a panel of judges rather than by a jury Rulings are made by a panel of judges rather than by a jury Ruling- an official decision that settles a case and helps establish the meaning of a law Ruling- an official decision that settles a case and helps establish the meaning of a law In appellate court, there are three possible “rulings” In appellate court, there are three possible “rulings” Uphold the result of the trial at the lower court. Nothing changes. Uphold the result of the trial at the lower court. Nothing changes. Reverse the decision of the lower court. If an error was made in procedure or interpretation. Reverse the decision of the lower court. If an error was made in procedure or interpretation. Remand the case. Sends it back to lower court to be tried again. Remand the case. Sends it back to lower court to be tried again.

9. Twelve circuits for federal appellate courts

10. When a decision is made, a judge writes an “opinion”- detailed explanation of the legal thinking behind the court’s decision. Sets a precedent- a ruling that is used as the basis for a judicial decision in a later, similar case. Not a law, but a VERY powerful, legal argument. When a case sets a strong precedent, we call it a “landmark case.” Almost any case you have heard about is a landmark case.

11. FEDERAL JUDGES More than 650 judges serve in federal courts. Each appeals court has 6-28 judges. There are nine Supreme Court justices More than 650 judges serve in federal courts. Each appeals court has 6-28 judges. There are nine Supreme Court justices The President appoints ALL federal judges, with consent of Senate. The president gets advice from a lot of people. The President appoints ALL federal judges, with consent of Senate. The president gets advice from a lot of people. They are appointed for LIFE. The founders believed this allowed them to be free of public or political pressures when they hear a case. They are appointed for LIFE. The founders believed this allowed them to be free of public or political pressures when they hear a case.