1. The Judicial Branch

2. Activating Strategy
On the back of your cover page, write 3 facts that you learn from the video. United Streaming Video: Judicial Branch Find someone on the other side of the room, exchange 1 fact with each other.

3. Essential Question
How would you describe the structure and roles of the Judicial Branch?

4. Lesson Vocabulary
1) Interpret- to explain the meaning of something 2) Federal Court System- they interpret the Constitution and hears matters of federal law. 3) State Court System- they interpret state constitutions and decide matters of state law.

5. Lesson Vocabulary
4) Appeals- apply to a higher court for a reversal of the decision of a lower court. 5) Criminal case- court proceeding in which a person is charged with committing an act against a community or state Ex. Murder, burglary, robbery 6) Civil case- a non-criminal lawsuit Ex: divorce, contract disputes, copyright cases

6. The Federal Court System
Articles of Confederation
Major Weakness – No Courts
Each State had its own courts and laws

7. The Constitution Article III of the Constitution
Created a Supreme Court
Congress can create inferior courts (courts of lower authority)
Judiciary Act of 1789 – created federal district courts
Later in 1791 appeals courts
were created

8. Criminal and Civil Cases
There are two court systems in the US – federal and state courts
Criminal cases – cases in which juries decide whether people have committed crimes
Civil cases – cases in which two sides disagree over some issue

9. Jurisdiction Federal Court Jurisdiction
Jurisdiction – the authority to hear and decide a case
Federal courts have jurisdiction in the following areas
The Constitution – a constitutional right has been violated
Federal laws and Federal crimes – kidnapping, bank robbery
Admiralty and Maritime law
crimes and accidents on the high seas
Controversies between states
any disagreement between states

10. The Lower Federal Courts
District Courts
Lowest level of the federal court system
This is the court where trials are held and lawsuits begin.
Original jurisdiction – authority to hear cases for the first time
Only federal courts is where jury trials are held
Each district is a geographic area – mail fraud, income tax evasion, bank robbery & treason

11. Cases
Civil cases – disputes involving labor relations, public lands, copyright and patent laws, and civil rights
Constitution states – “such Trial shall be held in the State where the said Crimes shall have been committed”

12. US Courts of Appeals These are called federal appeals courts
Jurisdiction – appellate jurisdiction
Hear only cases which have gone to district courts or through federal regulatory agencies
Can only be used if laws were not followed properly or if procedures were not followed properly
These courts were created
to ease the work of the
Supreme Court
There are 12 circuits or geographic areas

13. Special Federal Courts
US Tax Courts – hears appeals dealing with federal tax laws
US Court of Military Appeals – appeals court for armed forces (after an individual has been court – marshaled)

14. The Power of the Supreme Court
Original jurisdiction
Preside over trials in cases that involve diplomats from foreign countries
Preside over trials where states sue each other (usually the Supreme Court allows a district court to hear this)

15. Judicial Review
Judicial Review - court may review any federal or state law to see if it is in compliance with the Constitution
One of the most important powers of the Supreme Court
If a law is in conflict it will be found unconstitutional and be nullified
The Supreme Court is the final authority on the Constitution

16. Marbury v. Madison Established judicial review in 1803
President John Adams made some midnight appointments; Marbury, who was appointed a justice of the peace, took James Madison to the Supreme Court for not carrying out President Adams appointments invoking the Judiciary Act of 1789

17. Judicial Review
Chief Justice John Marshall wrote the majority opinion turning down Marbury’s claim and the three basic principles of judicial review were created:
The Constitution is the supreme law of the land
Where there is a conflict between the Constitution and any other law, the Constitution must be followed
The judicial branch has the duty to uphold the Constitution and nullify or cancel any law in conflict with the Constitution
The power of judicial review has become an important check on any other branch

18. Supreme Court Justices
There are currently eight associate justices and one chief justice
No set formal qualifications
Informal qualifications
All have been lawyers
Most have been judges
Many have been public officials
W.H. Taft was the only chief justice to have been President first

19. The Supreme Court Process
Appointment by the President and approval by the Senate, sworn in by legislative branch
The President tries to appoint judges who share the same ideology, but once appointed they have no obligation to follow the President’s line