1. The Judicial Branch

2. Basic Terminology Judicial: relating to laws and courts
Trial: a legal examination in which the disputing groups meet in court and present their positions to an impartial decision maker
Defendant: the person accused of the wrongdoing or crime
Plaintiff: the person or designated government official accusing the defendant
Evidence: facts that support their position

3. Jury: a group of citizens not involved in the dispute
Case: a dispute that has been brought into court
Criminal law cases: disputes in which the government charges an individual with committing a crime and violating a law that protects another’s safety
Civil law cases: disputes among individual citizens or individual citizens and government officials over property or money

4. The State Court System
The Ohio Judicial Center

5. Each state has its own court system that settles disputes involving its own state laws
The state court system is organized into three levels of authority
Level One:
Superior or district courts
Trial courts that handle cases throughout the state

6. Level Two State courts of appeals Separated into regions
Reviews a superior or district court’s decision when requested
Presided over by a panel of judges (usually three)
Three options
Agree with the lower court
Disagree with and overrule the lower court
Order a new trial in the lower court

7. Level Three State supreme court Reviews courts of appeals cases
Also involves a panel of judges
Decision is final unless the losing party is able to convince the Federal Supreme Court to take the case

8. Federal Courts
Established by Article III of the Constitution; left the development up to Congress
The Judiciary Act of 1789 established the federal district courts and the circuit courts of appeals
Have jurisdiction (authority to hear cases) over such federal crimes as
Mail fraud
Counterfeiting
Smuggling
Bank robbery
Illegal interstate commerce

9. Separated into district courts
Each state has at least one district
Each court has 2-28 judges, appointed to life terms by the president
The US is divided into 12 judicial circuits, each with its own court of appeals
Ohio belongs to the 6th judicial circuit
Each circuit court has between 6 and 28 permanent judges that hear cases in panels of three

10. The U.S. Supreme Court
The final authority for interpreting the Constitution

11. The U.S. SUPREME COURT Heads the Judicial Branch Reviews court cases
Reviews legislative and executive decisions that raise Constitutional questions

12. How Cases Reach The Supreme Court
The U.S. Supreme Court
Certiorari (to be informed)
Federal
State
United States Court of Appeals
12 circuits
State Supreme Courts
Intermediate Appellate Courts
U.S. District Courts
State Trial Courts

13. Supreme Court Justices
Current justices:
John Roberts (current chief justice)—2005
Anthony Kennedy—1988
Clarence Thomas—1991
Ruth Bader Ginsburg— 1993
Stephen Breyer—1994
Samuel Anthony Alito— 2006
Sonia Sotomayor—2009
Elena Kagen—2010
Nine Justices
Appointed by the president to life terms
The Chief Justice is in charge of the court; the other eight are associate justices

14. The Current Supreme Court
Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel Alito and Elena Kagan.
Front row (left to right): Clarence Thomas, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

15. The Early Supreme Court
John Jay was the first Supreme Court chief justice
First met in 1790 in New York City

16. Important Facts
A writ of certiorari is a request for review based on important constitutional and legal issues raised by the court’s decision.
Under the rule of four, only four justices must agree to place a case on the docket (their schedule of cases to review)
The Supreme Court receives more than 7,000 requests each year, but places fewer than 100 on their docket.

17. In Court Begins the first Monday in October each year
Lawyers for both sides file briefs, written documents that contain facts and legal issues involved in the appeal; often hundreds of pages long
Present their case directly through oral arguments; only have 30 minutes
The court’s decision is the majority opinion—what five or more justices thought
The minority is the dissenting opinion

18. Checks and balances – Tree Style
Step 1: Draw a picture of a tree trunk, inside title it Separation of Powers Step 2: Draw three branches and title one: Legislative, title one: Executive, and title one: Judicial Step 3: Draw leaves and write out details for each branch and checks and balances

19. Important court cases Roe v Wade Marbury v Madison
Brown v Board of Education
Dred Scott v Sandford
Korematsu v United States
Miranda v Arizona
New Jersey v T.L.O.
Texas v Johnson
Tinker v Des Moines

20. Marbury v. Madison (1803)
William Marbury was commissioned Justice of the Peace of the District of Columbia at the end of President John Adam’s term.
New President Thomas Jefferson instructed his Secretary of State James Madison not to deliver the orders—keeping the opposing party from taking office.

21. Marbury v. Madison
The Supreme Court evaluated this based on the foundation of checks and balances.
This established the concept of judicial review.

22. Dred Scott v. Sandford (1857)
Dred Scott was a slave owned by Army Major John Emerson
Scott travelled with Emerson to various states, including several free states
Upon the death of Emerson, Scott sued for his freedom
Emerson’s widow Eliza’s brother John Sandford was in charge of the will

23. Dred Scott v. Sandford The Supreme Court ruled against Dred Scott
He was not a citizen and therefore could not sue
They also determined Scott was not a free man
Obviously this is a black mark for the Supreme Court.

24. Korematsu v. United States (1944)
Fred Korematsu was a Japanese American citizen that was ordered into an internment camp through President Roosevelt’s executive order after the attack on Pearl Harbor.
Korematsu attempted to avoid being interned.

25. Korematsu v. United States
Korematsu argued he was being discriminated against based on his race.
The government argued they needed to protect the country
The Supreme Court agreed that the need to protect the country was greater than protecting an individual’s rights.

26. Brown v. Board of Education (1954)
The parents of Linda Brown wanted their daughter to attend the closest public school in Topeka, Kansas—not the black school that was farther away.
They argued that this segregation violated the fourteenth amendment

27. Brown v. Board of Education
While segregation was legal under Plessy v. Ferguson (1896), the Court sided with the Brown family.
Linda was able to attend the school closest to her and the Civil Rights movement was strengthened.

28. Miranda v. Arizona (1966)
Ernesto Miranda was arrested, but was not informed of his fifth and sixth amendment rights.
He and his lawyer eventually sued the state of Arizona.
The Court agreed and now all police must take the proper steps by issuing the Miranda Warning.

29. The Miranda Warning

30. Roe v. Wade (1973)
Jane Roe was an unmarried and pregnant resident of Texas who wanted an abortion
In 1970s Texas, abortions were illegal unless the mother’s life was in jeopardy
Henry Wade was the Dallas County district attorney

31. Roe v. Wade The Supreme Court ruled in Roe’s favor
They said her rights were guaranteed in the 1st, 4th, 5th, 9th, and 14th Amendments
This also eliminated any state laws that prohibited first trimester abortions
Norma McCorvey later came forward and admitted she was Jane Roe

32. New Jersey v. T.L.O. (1985)
Do schools have the right to search a student’s private property? What reasons do they have to have to search?
This case was based on two girls that were caught smoking in the bathroom—instead of in the designated area.
T.L.O. was the pseudonym for Tracy Lois Odem who denied smoking and had her purse searched.

33. New Jersey v. T.L.O.
In addition to the cigarettes, the assistant vice principal also found drugs and other items that showed T.L.O. was dealing marijuana.
The Court sided with the school, although they agreed a “reasonable suspicion” was needed to perform a search.

34. Texas v. Johnson (1989)
Gregory Johnson doused an American flag with kerosene and set it on fire during a political protest and demonstration in Texas.
Is this protected under the first amendment?

35. Texas v. Johnson
Johnson (on the right) offended a lot of people by burning this symbol of America.
The Supreme Court sided with Johnson and said this symbolic speech was protected

36. Tinker v. Des Moines
Defined the Constitutional rights of students in U.S. public schools
Students John F. Tinker, Mary Beth Tinker, and Christopher Eckhardt worn black armbands to school, protesting the Vietnam War
Before wearing the arm bands, the school found out and created a policy stating anyone wearing an armband would be removed immediately
All three wore armbands and were suspended from school

37. Tinker v. Des Moines
7-2 majority opinion stating that First Amendment rights apply in schools, unless constitutionally sound reasons were given to limit the First Amendment
Your First Amendment right is protected in school as long as it does not cause a disruption