The Judicial Branch

Activating Strategy On the back of your cover page, write 3 facts that you learn from the video. United Streaming Video: Judicial Branch Find someone on the other side of the room, exchange 1 fact with each other.

Essential Question How would you describe the structure and roles of the Judicial Branch?

Lesson Vocabulary 1) Interpret- to explain the meaning of something 2) Federal Court System- they interpret the Constitution and hears matters of federal law. 3) State Court System- they interpret state constitutions and decide matters of state law.

Lesson Vocabulary 4) Appeals- apply to a higher court for a reversal of the decision of a lower court. 5) Criminal case- court proceeding in which a person is charged with committing an act against a community or state Ex. Murder, burglary, robbery 6) Civil case- a non-criminal lawsuit Ex: divorce, contract disputes, copyright cases

The Federal Court System Articles of Confederation Major Weakness – No Courts Each State had its own courts and laws

The Constitution Article III of the Constitution Created a Supreme Court Congress can create inferior courts (courts of lower authority) Judiciary Act of 1789 – created federal district courts Later in 1791 appeals courts were created

Criminal and Civil Cases There are two court systems in the US – federal and state courts Criminal cases – cases in which juries decide whether people have committed crimes Civil cases – cases in which two sides disagree over some issue

Jurisdiction Federal Court Jurisdiction Jurisdiction – the authority to hear and decide a case Federal courts have jurisdiction in the following areas The Constitution – a constitutional right has been violated Federal laws and Federal crimes – kidnapping, bank robbery Admiralty and Maritime law crimes and accidents on the high seas Controversies between states any disagreement between states

The Lower Federal Courts District Courts Lowest level of the federal court system This is the court where trials are held and lawsuits begin. Original jurisdiction – authority to hear cases for the first time Only federal courts is where jury trials are held Each district is a geographic area – mail fraud, income tax evasion, bank robbery & treason

Cases Civil cases – disputes involving labor relations, public lands, copyright and patent laws, and civil rights Constitution states – “such Trial shall be held in the State where the said Crimes shall have been committed”

US Courts of Appeals These are called federal appeals courts Jurisdiction – appellate jurisdiction Hear only cases which have gone to district courts or through federal regulatory agencies Can only be used if laws were not followed properly or if procedures were not followed properly These courts were created to ease the work of the Supreme Court There are 12 circuits or geographic areas

Special Federal Courts US Tax Courts – hears appeals dealing with federal tax laws US Court of Military Appeals – appeals court for armed forces (after an individual has been court – marshaled)

The Power of the Supreme Court Original jurisdiction Preside over trials in cases that involve diplomats from foreign countries Preside over trials where states sue each other (usually the Supreme Court allows a district court to hear this)

Judicial Review Judicial Review - court may review any federal or state law to see if it is in compliance with the Constitution One of the most important powers of the Supreme Court If a law is in conflict it will be found unconstitutional and be nullified The Supreme Court is the final authority on the Constitution

Marbury v. Madison Established judicial review in 1803 President John Adams made some midnight appointments; Marbury, who was appointed a justice of the peace, took James Madison to the Supreme Court for not carrying out President Adams appointments invoking the Judiciary Act of 1789

Judicial Review Chief Justice John Marshall wrote the majority opinion turning down Marbury’s claim and the three basic principles of judicial review were created: The Constitution is the supreme law of the land Where there is a conflict between the Constitution and any other law, the Constitution must be followed The judicial branch has the duty to uphold the Constitution and nullify or cancel any law in conflict with the Constitution The power of judicial review has become an important check on any other branch

Supreme Court Justices There are currently eight associate justices and one chief justice No set formal qualifications Informal qualifications All have been lawyers Most have been judges Many have been public officials W.H. Taft was the only chief justice to have been President first

The Supreme Court Process Appointment by the President and approval by the Senate, sworn in by legislative branch The President tries to appoint judges who share the same ideology, but once appointed they have no obligation to follow the President’s line