Chapter 7 The Judicial Branch American Civics 5/23/2019 Chapter 7 The Judicial Branch Section 1: Equal Justice Under the Law Section 2: The Federal Court System Section 3: The Supreme Court Chapter 7

The rights of all U.S. citizens are protected by laws and the courts. Section 1: Equal Justice Under the Law The Main Idea The rights of all U.S. citizens are protected by laws and the courts. Reading Focus In what ways is the United States a nation of laws? What are the four sources of law in the United States? What roles do the courts play in the United States?

Laws Section 1: Equal Justice Under the Law 2 types of laws: Criminal law and civil law Crime: behavior that is illegal b/c society considers the behavior harmful Criminal law: refers to the group of laws that define what acts are crimes describes how a person accused should be tried and punished

Laws Civil laws: group of laws that refer to disputes between people. Contract disputes, divorce proceedings, property boundaries

Four types of U.S. laws: Section 1: Equal Justice Under the Law Statutory law (statutes)—passed by lawmaking bodies Represent majority rule Common law—judges’ decisions based on common sense, experience, and practice (precedent) Administrative law—created by government agencies (similar to statutory laws) Health, safety, education, banking, etc Constitutional law—based on the Constitution and its interpretation by the Court Gideon vs. Wainwright: free legal aid

Role of the Courts in the United States Section 1: Equal Justice Under the Law Role of the Courts in the United States Use law to settle disputes Assure equal justice for all through fair trials. Representation Criminal cases: Right to confront the accuser and jury trial Always innocent until proven guilty Appeal process: person asks a higher court to review the result of the trial

provide fair public trials ensure equal justice for all SECTION 1 Question: What roles do the courts play in the United States? The Roles that Courts Play provide fair public trials ensure equal justice for all

Section 2: The Federal Court System The Main Idea The federal court system consists of the three levels of courts, each of which has specific duties. Reading Focus What is the purpose of the U.S. district courts? How are the U.S. courts of appeals different from the district courts? What is the role of the Supreme Court?

Cases tried in the federal courts: Section 2: The Federal Court System Cases tried in the federal courts: Cases involving people charged with disobeying the Const. Charges brought by a foreign country against the U.S. or its citizens Crimes committed on U.S. ships at sea

Cases tried in the federal courts: (continued) Section 2: The Federal Court System Cases tried in the federal courts: (continued) Ambassadors and consuls charged with breaking laws in a foreign country Crimes committed on certain federal properties Disagreements between the states Lawsuits between citizens of different states

Organization of Federal Courts Section 2: The Federal Court System Organization of Federal Courts 3 levels of federal courts. 1. U.S. Supreme Court 2. U.S. court of appeals (each circuit has its own court of appeals) 3. U.S. district courts in all states (lowest level) 94 district courts divided into 12 judicial circuits 2 types of jurisdiction (authority) Appellate original

U.S. Federal Districts District or Trial courts – original jurisdiction (hear and decide a case for the first time) Only court trials are held Only court where jury trials are held Cannot hear appeals from other courts “local” courts – at least 1 district court in each state

U.S. District Judges Federal District judges are trial judges Conduct civil and criminal trials w/or w/out juries Appointed for life by the president and must be approved by the Senate Removed only by impeachment by Congress and the salary cannot be lowered Protects judges from punishment for decisions

Court of Appeals Appellate jurisdiction (power to review decisions made by lower courts) Do not hold trials – review the records of district ct. trials and hear arguments by the lawyers of both sides They determine if the original trial was fair and if the law was interpreted correctly Judges reach a decision by majority vote May send the case back for a new trial/uphold the decision

Role of the Supreme Court Section 2: The Federal Court System Role of the Supreme Court Highest court in the land Reviews cases from lower federal courts and state courts 9 justices/judges – cannot be appealed Constitutional jurisdiction over: diplomatic representatives from other countries disputes between states disputes between states and federal government

Question: Which cases are tried in federal courts? SECTION 2 Question: Which cases are tried in federal courts? Federal Court Cases 1. constitutional violations 2. U.S. treaty violations 3. congressional law violations 4. cases between a foreign government and a U.S. citizen or the government 5. crimes committed on U.S. ships at sea 6. cases involving U.S. ambassadors and consuls who broke laws in their stationed countries 7. crimes committed on certain types of federal property 8. disagreements between states or citizens of different states

Section 3: The Supreme Court The Main Idea The Supreme Court hears appeals, reviews laws, and strongly influences American society. Reading Focus What is the power of the judicial review? What are the constitutional checks on the Supreme Court’s powers? How has the Supreme Court strengthened constitutional rights?

Process through which cases are tried in the Supreme Court: Section 3: The Supreme Court Process through which cases are tried in the Supreme Court: Thousands of cases are appealed to the Court each year. One hundred to 200 cases are selected for the docket. Selected cases contain significant public interest or questions. Four out of nine justices must vote to hear a case. Previous verdicts stand for rejected cases.

Supreme Court justices Section 3: The Supreme Court Supreme Court justices Are appointed by the president and approved by a Senate majority vote. Are appointed for life but may be impeached.

Judicial review has strengthened the Court’s power. Section 3: The Supreme Court Judicial review has strengthened the Court’s power. Courts decide if a law or presidential action is constitutional. Supreme Court has the ultimate power of judicial review.

Congress can limit the Court’s power. Section 3: The Supreme Court Congress can limit the Court’s power. Can rewrite laws to make them constitutional Can amend the Constitution to include new laws

SECTION 3 Question: How has judicial review strengthened the Supreme Court’s power, and how does Congress limit this power? Judicial Review Congress Limit Congress may pass a similar law abiding by the Constitution or may try to amend the Constitution. Strengthen It asserted the Court’s power to declare laws of Congress and presidential acts unconstitutional.

Chapter 7 Wrap-Up 1. Describe the types of laws that exist in the United States. 2. What services do U.S. courts provide? 3. Which cases are tried in federal courts? 4. How is the federal court system organized? 5. How are appointments made to the Supreme Court, and how long do justices serve? 6. How does the Supreme Court limit Congress’s power, and how does Congress reassert it?