The Judicial Branch Chapter 6

Equal Justice for All All legal systems follow “Equal Justice Under the Law”. A Person is considered until proven guilty.

Federal Court System The Judiciary Act help created the federal court system 3 levels of federal courts: Supreme Court Appeals Court District Courts

Cases heard in Federal Court Cases based on Jurisdiction Specific Cases Involving the Constitution Violate federal Laws Controversies between states Disputes between citizens of different states. Disputes involving the federal governments. Involving foreign government & treaties Based on admiralty or maritime law Involving USA diplomats

USA District Courts responsible holding trials, to determine the facts of the case.

USA Court of Appeals Lawyers send when they think judge applied the law incorrectly, used wrong procedures, or if new evidence turns up. Do not hold trials Make decisions form in 3 ways: uphold original decision, reverse decision, or remand. Rulings based on if defendant’s rights been protected & on whether they received a fair trial.

Supreme Court Job: Decide law is allowable under constitution. Preside over trials involving diplomats & disputes between states. Hear cases that come from the appeal of lower courts & regulatory agencies. Decided what cases to accept

Power of Supreme Court All branches must follow rulings. Follow process of judicial review was set-up by the case Marbury v. Madison, that helps makes sure laws are constitutional. 3 principles of Judicial Review Constitution Supreme Law of land Conflict between laws & constitution , then constitution wins. Judicial branch must hold constitution If laws are found unconstitutional, then it has the power to nullify them. Interpret laws

Supreme Court Limitation Depends on Executive branch to enforce laws. Congress changes laws & adopt amendments, to get around supreme court declaring them unconstitutional. President/ Congress appoints & impeaches. Congress can enforce exception clause. Court can only listen to & make rulings on cases that come to it.

Federal Judges District & Court of Appeals get at least 2 judges (depends on population of area) Supreme Court get 9 justices Appointed by president, approved by Senate. Appointments are for life, but can be replaced through impeachment, death, & retirement Do this to prevent political & job status, because decisions will change society Qualifications: Share same ideas about politics & justice as president, usually belong to his political party Follow senatorial courtesy

Supreme Court Justices Chief: John Roberts Jr. Elena Kagan Anthony Kennedy Antonin Scalia Sonia Sotomayor Clarence Thomas Ruth Ginsburg Stephen Breyer Samuel Alito Jr.

Other Court Officials All officials are appointed by the president, & approved by the Senate Officials Magistrate Judges= low level judge that hears minor cases, issues court orders, & sets bail US Attorney= lawyer that represents the federal government in trial cases. US Marshall = federal police who makes arrest & watches over convicted criminals