1. Unit 4 The Judicial Branch

2. What does the Judicial Branch do?
Interpret the Constitution, decide how it applies to modern law

3. Sources of American Law
Common Law: customs & court decisions from US and England
US Constitution: supreme law of the land
Statutory law—based on laws passed
by Congress and State Legislatures

4. Terms to Know:
Civil Law: laws between individuals, object is to receive compensation for harms suffered by another’s wrongful action
Criminal Law: deals with wrongs committed against society, gov. seeks to impose penalty ($ or imprisonment) against lawbreaker
Jurisdiction: “to speak the law” or a court’s authority to decide a case

5. Judicial Power
Only in the United States do judges play so large a role in policy-making.
Judicial review: right of federal courts to rule on the constitutionality of laws and executive acts. JR is the chief judicial weapon in system of checks and balances

6. US Court System US SUPREME COURT US Armed Service Court
12 US Court of Appeals
State Supreme Courts
State Trial Courts
US District Courts
(94)

7. 94 District Courts, 12 Courts of Appeal

8. STARTER: In your opinion, does prison overcrowding violate the 8th Amendment’s protections against cruel and unusual punishment? Explain.

9. The Supreme Court

10. Supreme Court Basics 9 Justices, serving for life
Decide cases that are appealed to Supreme Court
Only choose to hear cases a year out of 10,000 cases appealed to court

11. Court Procedures
 Writ of Cert: means Supreme Court will hear a case, decided when 4 of 9 justices agree that the case presents a new legal question
Once cert is granted
lawyers submit briefs (long written arguments)
oral arguments before Court:
Each side has ½ hour, but justices can interrupt with questions

12. In Conference: Chief Justice Speaks first, votes last
Opinion writer assigned by CJ or ranking member of majority
3 kinds of opinion:
1. Opinion of Court (winner’s view)
2. Concurring opinion (other view from winner)
3. Dissenting Opinion (loser’s view)

13. Influences? Original intent of framers
Precedent—previous cases (case law)
State law
law journals
public opinion

14. School Drug Testing
Does the school have the legal right to randomly test high school students for illegal drugs?

15. Safety/Order vs. Freedom
ORDER AND SAFETY
FREEDOM

16. GANG AFFILIATED?
WORDS

17. FREE SPEECH?

18. 3. Civil Liberties (your protections from government)

19. Limits on Free Speech Say what you want except….
Clear and Present Danger to our nation or society (fire!, spying, etc.)
Libel/Slander: defamation (degrading) of another’s character
Obscenity: what’s obscene?
against community standards, appeals to prurient interest, no social value)
Symbolic speech is ok (flag burning) but not all symbolic acts (like murder)

20. Free Speech at School OK NOT OK Courts have ruled that:
Students have less rights at school than out
School acts like a parent
Students have more freedom of speech out of class than in it
Political/Religious speech most protected OK
NOT OK

21. Religion Two parts of the first amendment:
Free-exercise clause: no law prohibiting free exercise of religion
Establishment clause: no law establishing an official religion
Gov’t can get involved with limited religious activities if
secular (non religious) purpose
neither advances nor inhibits religion
doesn’t foster gov’t entanglement with religions

22. Religious Issues OK NOT OK Santas at schools
Symbols from multiple religions
Church meetings at gov’t buildings
Nativity scenes
Money to private schools
Teacher led prayer

23. Criminal Rights
Exclusionary Rule: evidence gathered in violation is Const. cannot be used in trial
Search warrants: order from judge w/ probable cause
Miranda Rule: arrested people must be made aware of their rights
Very controversial---pits those for civil liberties vs. those for strong justice

24. Learn from me kids….know the law!e,
A captured terrorist, and possessor of the world’s worse case of bed head, back hair and largest t-shirt collar says:
Learn from me kids….know the law!e,