1. TAKE OUT YOUR LETTER to turn in! Get your computer. Get logged on.
As you arrive…
TAKE OUT YOUR LETTER to turn in!
Get your computer.
Get logged on.
Last day to work on the Livebinder Activities!

2. The Judicial Branch of Government
Article 3
of the Constitution

3. Federalism and Courts
The power to establish courts is a concurrent power – both states and the federal government can establish courts

4. Types of Jurisdiction
Original jurisdiction – the power to hear a case for the first time
Appellate jurisdiction – the power to hear a case from a lower court or appeal a case

6. US District Courts
Jury Trial (determine facts of the case; guilt or innocence)
Witnesses Testify
Original Jurisdiction
94 District Courts

7. US District Courts continued…
Criminal and Civil Federal Cases
Mecklenburg County is in the Western District Court of NC
Also includes-
The Court of International Trade
The United States Court of Federal Claims

8. US District Courts continued…
President appoints District Court Judges (Senate approves)
Serve for life

9. US District Courts continued…
Magistrate-
Issues court orders
Hears preliminary evidence
Decides bail
Hears minor cases
US Attorney- Gov’t lawyers
Marshall-
Makes arrest
Collects fines
Takes convicted people to prison
Protects jurors
Keeps order
Serves legal papers

10. US Court of Appeals Appellate jurisdiction 13 Total No jury trial
12 Courts of Appeal (Federal Appeals Courts, Circuit Courts) All same
1 Court of Appeals for Federal Circuit with Nationwide Jurisdiction
No jury trial
Panel of 3+ judges
Judges appointed by President, approved by Senate for life

11. US Court of Appeals c0ntinued…
Decide Appeals 3 ways
Uphold the original decision
Revise the decision
Remand the decision (send it back to a lower court to be tried again)
NC is part of the 4th District

14. Supreme Court Only 1 Supreme Court Original and Appellate Jurisdiction
Term length is for life
Qualifications– Appointed by the president, Appointment confirmed by the Senate
No jury trial

15. Supreme Court continued…
Total of 9 Supreme Court Justices
Chief Justice– head of the Supreme Court and the federal judicial branch
Associate Justices– 8 justices under the Chief Justice

16. Supreme Court continued…
Cases heard by Supreme Court
Cases that come through appeal
Cases that deal with the Constitution

17. Supreme Court continued…
Powers of Supreme Court
Decide whether laws are constitutional- JUDICIAL REVIEW
Interpret meanings of laws which can change the Constitution
The Court can change the Constitution through its decisions
Uses precedent- previous court cases are used to make decisions on similar cases

18. Which Supreme Court decision established the principle of Judicial Review?
Marbury v. Madison (1803)
For the first time in US History, the Supreme Court ruled that a law passed by Congress was unconstitutional.
Supreme Court has the right to overturn previous laws and decisions!

19. Constitution is the Supreme Law of the Land
Which 3 Principles of Judicial Review were set forth in Marbury v. Madison?
Constitution is the Supreme Law of the Land
Constitution always rules in any conflict with another law
Judicial Branch must uphold the Constitution, so the Supreme Court can declare a law unconstitutional (Judicial Review)

20. How does a case get to the Supreme Court?
Supreme Court Denies most cases appealed to the Court
To select a case, 4 of 9 justices must agree to hear the case
The Supreme Court decides less than 100 full cases/year
Accepted cases go on the Court docket (calendar)

21. Supreme Court Justices
Chief Justice
John Roberts Jr.

22. Steps in A Supreme Court Case
Acceptance
Written Arguments (Briefs that explain one side of the case)
Oral Arguments
Conference – justices meet in private to consider the case
Opinion Writing
Majority (presents the views of the majority on the case)
Dissenting (Justice who opposes the majority ruling)
Announcement of the Decision

23. John G. Roberts, Jr. Born January 27, 1955 in Long Beach, Indiana
Served in 1981 as a clerk for Supreme Court Justice William Rehnquist
Worked as legal counsel for Presidents Reagan & Bush (41)
Selected by Bush (43) to the DC Circuit Court of Appeals
Current Chief Justice

24. John Marshall Chief Justice (1801-1835)
Born in Germantown, Virginia in 1755
Joined the Continental Army in 1776 and served as an officer for George Washington
No formal education; he attended some law lectures at College of William & Mary
In 1782, he won election to the Virginia state legislature
Starting in 1799, Marshall progressed from US Congressman to Secretary of State to Chief Justice of the Supreme Court
Fourth Chief Justice of Supreme Court
Chief Justice ( )

25. Thurgood Marshall 1st African American
Born July 2, 1908 in Baltimore, Maryland
1933 law degree graduate from Howard University
Started his own private law practice in 1933
Famous for arguing the Brown v. Board case from and winning
Appointed to the Supreme Court by LBJ in 1967
Served 24 years on the Court until his retirement in 1991 when he was replaced by Clarence Thomas
First African American
1st African American

26. Sandra Day O’Connor 1st Woman Born March 26, 1930 in El Paso, Texas
Undergraduate and Law degrees from Stanford University
Served in Arizona as assistant attorney general, state senator, and as a superior court judge
Governor of Arizona appointed her to the state court of appeals in 1979
President Reagan appointed her to the Supreme Court in 1981 as the first woman ever to be appointed
Known as a swing vote in critical social matters such as abortion
1st Woman