The role of the Judicial Branch is to …
Interpret the laws and is executed by the Supreme Court and the court systems
What is civil disobedience?
Exercise of peaceful protest
Criminal law covers
Actions forbidden by a society’s government and is punishable by imprisonment
Two examples of required citizen participation in the court system are…
Witnesses and jury duty
The judicial system is funded by…
Our taxes
Two types of court systems
Federal and state courts
State courts are predominately for what type of court cases?
Cases where people break state and local laws and do not meet federal requirements
Federal courts are predominately for what type of court cases?
Where people break federal laws or a case involving diversity of citizenship (from two different states) ex. Break a law in one state, but travel over state lines.
The Constitution created which court…
Supreme Court
The Constitution gave Congress the power to create these…
all lower courts
There is an established hierarchical path that a case must follow in the court system, starting with the…
Lower courts and moving to higher courts
Idaho state courts follow the same processes and procedures as the…
Federal Courts
Supreme Court appointment process
Appointed by president, confirmed by the Senate
It is the highest court of the land and has the power to make landmark decisions that affect all Americans
Supreme Court
Supreme Court justices serve for…
Fired, retired, expired
Number of justices of the Supreme Court
9
Typical route of appealing a case to the Supreme Court
Federal District Court – Federal Appeals Court – The Supreme Court
An order by the Supreme Court directing a lower court to send up the record in a given case for review
Writ of certiorari
Does the Supreme court have to hear all cases?
No
Judicial review is…
Supreme Court’s ability to check the legislative and executive branches by determining the constitutionality of a law.
The Supreme Court’s power of judicial review came from what case?
Marbury v. Madison
What are the two types of jurisdictions?
Original and Appellate
Original jurisdiction is…
Hearing the cases the first time for fact finding or finding out what happened
Appellate cases are…
Cases heard on appeal…for legal finding or if you think a legal mistake was made in a lower court
The court systems must be guided by…
Principles of due process, equal protection, and rule of law
What is due process?
Both the Federal government (5th Amendment) and the State governments (14th Amendment) cannot deprive any person of life, liberty, or property
What is the equal protection clause?
14th Amendment…States and their local governments cannot draw unreasonable distinctions between classes of persons. (Supreme Court has held that the 5th Amendment does the same for the Federal government)
Rule of law means…
Government and its officers are always subject to the law
…act as a common law; they are rulings from higher courts that help lower courts rule.
precedents
…the belief that the Supreme Court justices should actively make policy and sometimes redefine the Constitution
Judicial activism
Judicial restraint is the belief that…
Supreme Court justices should not actively try to shape social and political issues or redefine the Constitution.
Prevents unjust arrests and imprisonments
Writ of habeas corpus
The person who files suit or some other legal action against another
plaintiff
The person whom a court action is brought against
defendant
Right to counsel was guaranteed by what case?
Gideon v. Wainwright
What case overturned Plessy v. Ferguson’s separate-but-equal doctrine
Brown v. Board of Education
Police must inform you of your constitutional rights before questioning because of this case.
Miranda v. Arizona