The Judicial Branch The third branch of the government, which consists of a series of Federal Courts Article III of the Constitution defines the duties.

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Presentation transcript:

The Judicial Branch The third branch of the government, which consists of a series of Federal Courts Article III of the Constitution defines the duties of the courts

The Federal Court System The lower courts are divided according to the types of cases over which have the authority Each state has at least one district court Above the lower courts are 13 courts of appeals, if a defendant feels that their rights were violated they can have their case retried here

After the appeals process the Supreme Court has the final choice to review the case However with the number of cases the Supreme Court usually only reviews cases that are major

Requirements for Justices There are no age requirements for Justices, however one must first acquire a law degree and also practice Usually the next step to become a judge at a lower court The President of the United States then makes the appointment to the court Before it becomes official the candidate must be approved by the Senate

The term of a Justice once approved is for life This is to assure that the Judges decisions are free from outside pressure So that they can do their job which is to interpret the Constitution and other laws to determine their Constitutionality

Famous Decisions since it’s beginning Marbury v. Madison 1803 This was the case that made the Supreme Court what it is today because it set up the power of Judicial Review by not requiring President Jefferson to honor Adams’s last second appointments

McCulloch v. Maryland 1819 After the War of 1812 the court ruled that Congress had the right to charter a National Bank This established National supremacy it has the priority over state law

Plessy v. Ferguson 1896 This case upheld the Constitutionality of racial segregation “Separate but Equal” is what this case became know for, blacks and whites could be separated as long as there are equal facilities

Brown v. Board of Education 1954 This case reversed the “Separate but Equal” case of 1896, a young African American girl was told that she would have to be bused across town to attend the black school This brought to the courts attention that these facilities were not equal and this case ended school segregation causing quit a stir in the southern states

Gideon v. Wainwright 1963 This ruling established free legal help for those who cannot otherwise afford representation in court The Court agreed that the sixth amendment (which protects a citizen’s right to have a lawyer) and states are required to provide them with one

Miranda V. Arizona 1966 This decision ruled that an accused person’s 5th Amendment rights begin at the time of arrest. This caused questioning and collecting evidence more difficult for law enforcement “You have the right to remain silent anything you say or do can be used against you in a court of law, you have a right to an attorney if you can’t afford one, one will be appointed for you, do you understand these rights?”