The Supreme Court and Inferior Courts The Judicial Branch The Supreme Court and Inferior Courts

The Third Branch of Government Article III of the Constitution Created the Supreme Court (SCOTUS) All other courts created by Congress Checks and balances of power Lower Courts known as Inferior Courts Federal System, not the States. District, Appellate (Appeals), and Special Courts

How can you end up in Court? Breaking the law Theft Assault Traffic violations Drug/Alcohol offenses Things illegal for minors Destruction of property Sexual assault Murder Etc. Disputes between 2 parties Divorce Accidents Individual vs. individual Individual vs. Company State vs. Company State vs. Fed Government Individual vs Fed Gov’t Etc. CRIMINAL CIVIL

Criminal Cases Law has been broken Court determines if the accused is innocent or guilty If guilty, penalty must be determined by court as well Can be judge or jury Cases brought to court by the prosecution (government body charging a person with breaking the law) against the defendant (the accused)

Civil Cases Disagreement between two parties Usually monetary, no criminal charges Plaintiff-person who brings complaint against the other party Defendant-Person who defends himself against the complaint

Judges No matter civil or criminal, judge make sure the law is applied fairly to both sides in the case Usually a jury decides the facts of the case Judges answer legal questions for the jury Supreme Court and Court of Appeals don’t have juries, just panels of judges How the court interprets the law has lasting effects Becomes precedent- a guideline to judge future similar cases

State and Federal Courts Most laws that deal with everyday actions are state and local, so most violations of law are handled in the state court system Municipal court, juvenile court, traffic court, etc. Original jurisdiction: where a case is first heard If the defendant thinks the ruling was unjust, he or she can appeal to a higher court Appeals court review the case, but do not attempt to determine facts, but rule on if the law was fairly applied in the case

State and Federal Courts (cont.) Appeals of state court decisions can be made to federal courts if constitutionality is questioned Federal court hear two types of cases in general Cases involving federal law (thus the court of original jurisdiction) Appeals from state supreme courts Supreme Court ruling can’t be appealed since there is no higher court