Judicial Branch The country’s laws restrict the power of government. Citizens are protected from arbitrary, or unreasoned, rule of public officials.

Laws for the Good of All --Most laws protect freedoms, yet some laws limit freedoms (like the burglars freedom to steal). --Every U.S. Citizen has the duty to know and obey the law.

Kinds of Law The Four Principal types of law include statutory law, common law, administrative law, and constitutional law. 1. Statutory Law- Laws passed by law making bodies including Congress and the State and Local governments.

2. Common Law- This is a type of law that comes form judges decisions 2. Common Law- This is a type of law that comes form judges decisions. These are laws that usually come from a precedent, or earlier decision. 3. Administrative Law- Laws created by government agencies.

4. Constitutional Law- Law based on the Constitution of the United States and on Supreme Court decisions interpreting the Constitution.

Roles of the Courts --Courts use the different kinds of laws to settle disputes. --The court applies the law and reaches a decision in favor of one side or the other. --A law must be enforced fairly. --U.S. law assumes that a person is innocent until proven guilty.

Right to a Fair Trial The Constitution guarantees every American the right to a fair public trial… These rights include: 1. Right to have a lawyer 2. Right to be released on bail 3. indictment by a Grand Jury 4. Right to a Trial by Jury 5. Innocent until proven guilty 6. Right to Appeal.

Right to Have a Lawyer- All persons accused of crimes who face a jail sentence for their crimes are entitled to the services of a lawyer… If they cannot afford one the court will appoint one. Right to be released on Bail- usually a person accused of a crime has the right to be released on bail, however a person accused of a serious crime may be denied bail. Bail is decided by a judge.

Indictment by a Grand Jury- There must be enough evidence against someone to justify bring that person to court for trial. The group that decides this is a Grand Jury… They review evidence and facts and decide whether to indict or not.

Right to a Trial Jury- 6th Amendment guarantees an accused person the right to be tried before a trial jury. --Usually made up of between 6-12 Jurors. --Jurors are selected from a list of people who live in the community. --These people are sent a notice of Jury Duty and they must try to come to a verdict (or decision) with a unanimous vote. --If a jury cannot reach a verdict it is called a hung jury and a new trial with new jury is usually held.

Innocent until Proven Guilty- The burden of proof in a jury trial rests with those people who bring charges against the person on trial. --They must prove guilt “beyond a reasonable doubt”. Accused people cannot be forced to testify against themselves. -- Cross-examination, Testimony. Right to Appeal- The right to ask for a review of the court’s decision to make sure the case was tried fairly.

The Federal Court System In the U.S. there are two court systems: The Federal Courts and the State Courts.

Cases Tried in Federal Courts --The Constitution grants the federal courts Jurisdiction in several different kinds of cases. Jurisdiction- The authority that a specific court has to interpret and administer the law.

Cases Brought to Trial in Federal Court Any person accused of disobeying any part of the U.S. Constitution, including Amendments. 2. Anyone accused of Violating a U.S. Treaty. 3. Anyone accused of breaking laws passed by Congress. Charges brought by a foreign country against the U.S. government or a citizen. Crimes committed on U.S. ships at sea. Ambassadors and consuls accused of breaking the laws of the country in which they are stationed. 7. Crimes committed on certain types of federal property. 8. Disagreements between States. 9. Lawsuits between citizens of different states.

--Federal Courts are Organized into several levels, and they are classified according to jurisdiction. Original Jurisdiction- Lowest Courts… They have the authority to be the first courts in which most federal cases are heard. Appellate Jurisdiction- These courts review decisions made by lower courts, Every U.S. Citizen has the right to appeal to an appellate court. --Appeals are usually made when lawyers believe the law was not applied correctly in the lower court, or when new evidence is found.

U.S. District Courts --There are three main levels to the Federal Court System. At the base of the system is the district Courts. -- There is at least 1 district court in each state and Washington D.C. (94 total) -- The district court is the only federal court in which jury trials are held. -- District courts have original jurisdiction in most federal cases. -- They cannot hear appeals from other courts.

District Court Officials --Each district has between 1-28 judges, each is appointed for life. --These judges decide matters involving law and court procedure, and they decided the punishment if the accused person is found guilty.

Other Officials of the district courts Subpoenas- Court orders delivered by U.S. Marshals, that require people to appear in court. U.S. Marshal- They arrest persons accused of breaking federal laws. Magistrate Judges- These judges hear the evidence against a person and decide whether it they should be brought to trial. U.S. Attorney- The official lawyer for the federal government.

U.S. Court of Appeals A panel of at least 3 judges decide whether a person was granted full legal rights during the trial. Not whether or not they are guilty. Review cases that are appealed from district courts There are 12 U.S. courts of appeals, each covers a large jurisdiction known as a circuit. The court of appeals will either uphold the district court’s decision or have the district court perform a new trial.

Supreme Court --The highest court in the U.S. Generally works as an appeals court, reviewing decisions of federal courts. --The Supreme Court’s decisions are final and cannot be appealed. The Supreme Court is given direct jurisdiction in matters concerning the following: Cases involving diplomatic representatives of other countries. Cases involving disputes between states. Cases involving a state and the federal government.

Other Federal Courts U.S. Court of International Trade Taxes on Imports, This is when people feel that the taxes on their imports are too high. Court of Federal Claims Any monetary claims against the government

Territorial Courts Administer justice in U.S. Territories. Hear the same cases as district and state courts would. U.S. Tax Court Hears appeals from taxpayers who disagree with the rulings of the Internal Revenue Service (IRS).

Court of Appeals for the Armed Forces Allows members of the military to appeal the rulings of a Court-Martial, a trial conducted by military officers. U.S. Court of Appeals for Veterans Claims Hears appeals brought on by military veterans against the Department of Veterans Affairs.

Supreme Court Justices Since 1869, there have been nine justices. 1 Chief Justice and 8 Associate Judges Congress controls the number of justices There are no official requirements for Supreme Court Justices All have been lawyers however.

Supreme Court Justice Annual Salary for the Chief Justice is $181,400 An Associate Justice’s annual salary is $173,600 Sandra Day O’Connor became the first female justice in 1981

Judicial Review The Supreme Court has the power to determine whether a law or a presidential action is in accordance with the constitution. If a law or action is in violation, it is declared unconstitutional and void. The constitution doesn’t give the Judicial Branch this power, but John Marshall established this power while serving as chief justice from 1801 to 1835

John Marshall Started Judicial review in 1803 in the Marbury vs. Madison case. Marshall claimed that the Judiciary Act of 1789 gave the Supreme Court the power of judicial review. The Judiciary Act was later declared unconstitutional.

John Marshall Established that the constitution overrides laws passed by states. Also established that the supreme court has the power to reverse the decisions of state courts.

Hearing Cases Thousands of cases are appealed to the Supreme Court each year, but only 100-200 are chosen to be placed on the annual docket.

Court In Action The Supreme Court begins sessions each year on the 1st Monday in October After the court decides to hear a case, the opposing sides each prepare a Brief: a written statement explaining the main points of each sides arguments Then each side presents an oral argument of 30 minutes designed to bring out the facts quickly.

More Action The court then produces an Opinion: an explanation the reasoning that led to the judgment If the justices agree but for different reasons, a Concurring Opinion is produced Justices who disagree with the decision of the court can explain their reasoning in a Dissenting Opinion

Checking the Courts Power: -- Supreme Court rules that a law passed by Congress is unconstitutional: --Congress can pass a new law that is constitutional --Congress can amend the Constitution. (income tax law )

Changing Court Opinions: The court can change its opinions to meet changing times. Example: Plessy vs. Ferguson (1896) Brown vs. Board of Education (1954)

Strengthening Constitutional Rights -In recent years, Supreme Court decisions have made far-reaching changes in three areas of American life. Rights of the accused (Miranda vs. Arizona) One Person One Vote Civil Rights and Civil Liberties

The Court’s Prestige: -- The prestige and dignity of the Supreme Court have grown. Supreme Court Justices for the most parts stay out of politics and have not been influenced by favor or bribes. -- Sometimes people feel like the Supreme Court has become to liberal or conservative. --The Court makes very important decisions , but it cannot enforce them. It must rely on the executive branch to do this (Indian Removal Act)