Judicial Branch. The US Has a Dual Court System The 2 Systems? State Federal This duality reflects what principle of government?

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Presentation transcript:

Judicial Branch

The US Has a Dual Court System The 2 Systems? State Federal This duality reflects what principle of government?

Judicial Branch The US Courts Have Dual Roles The 2 Roles? Settle Disputes Interpret laws

Judicial Branch The only court established by the constitution is the US Supreme Court

Judicial Branch The Supreme Court has ___ Members

Judicial Branch The court has one Chief Justice, John Roberts and 8 Associate Justices

Judicial Branch Approved by the? Justices are appointed by the ? &

Judicial Branch Justices are appointed for_________ & can be removed via ___________- carried out by????

Judicial Branch Vocab… Jurisdiction: authority to hear and try a case Original Jurisdiction: authority to hear a case first (jury trials, finders of fact) Appellate Jurisdiction: authority to hear a case on appeal

Appeals Courts Appellate judges decide if there has been an error in the application of the law at the lower court. Applellate judges can make 3 decisions: Uphold lower court’s decision Overturn lower court’s decision Order new trial

Jurisdiction 2 sources of federal cases 1.Federal Question Ex: Suing the US, breaking federal law, ships, air

Jurisdiction 2 sources of federal cases 2.Diversity of Citizenship Ex: Citizens of different states if over $75,000; two or more states

Judicial Branch US Supreme Court 13 US AppealsUS Appeals 94 US District Courts-trial courts State Supreme Courts State Appeals Courts Local State Courts-trial courts

Circuit Courts of Appeals

Judicial Branch  4 justices must agree to review a case  Lawyers for each side submit briefs & others submit amicus curiae briefs to sway justices  Court hears oral arguments Supreme Court Procedures  Justices meet privately to discuss case

Judicial Branch Supreme Court Procedures Factors considered:  legal precedents  Interpretation of Constitution  Political philosophy  Public opinion Factors considered:  legal precedents  Interpretation of Constitution strict v. broad  Political philosophy  Public opinion

Judicial Branch Supreme Court Procedures The Decision: Majority rules judge writes the majority opinion & one writes the dissenting opinion; others can submit concurring opinions

Judicial Branch Supreme Court Procedures How can a Supreme Court Decision be reversed??????

Judicial Branch Judicial Review is the court’s power to determine the constitutionality of a law or Presidential act JR was established by John Marshall’s ruling in Marbury v. Madison, 1803

Judicial Branch The Judiciary, the 3rd branch of government, completes the separation of powers & adds a third dimension to checks and balances