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Published byDominika Brožová Modified over 5 years ago
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How the Federal Gov’t Works: The Judicial Branch
Part 6 – pg 136
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Pg 136 The Constitution establishes a Supreme Court and gives Congress the power to set up any other courts as needed
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Lower Courts Most federal cases begin in district courts
Pg 136 Lower Courts Most federal cases begin in district courts During the trial evidence is presented and a judge or jury decides the facts of the case If someone disagrees with the ruling they may appeal it (ask that the decision be reviewed by a higher court) The case then goes to the appeal court where judges decide if the lower judges had interpreted the law and applied them correctly
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Court cases can be filed under federal or state jurisdiction
Pg 136 Court cases can be filed under federal or state jurisdiction Jurisdiction: the power to hear and decide cases Most cases are under state jurisdiction May be under federal if: The US is either suing another party or being sued by another party The case is based on the Constitution or on a federal law The case involves disputes between states
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Pg 137 The Supreme Court At the top of the American judicial system is the Supreme Court Made up of a chief justice and 8 associate justices The President appoints the justices, but Congress must approve of them Justices serve until they resign, retire, or die But they can be impeached and removed from office
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Pg 137 The main job of the Supreme Court is to serve as the nation’s final court of appeal Hears cases that have been tried and appealed in lower federal and state courts They decide fewer than 100 cases a year
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Decisions rest on a majority vote of at least 5 justices
Pg 137 Decisions rest on a majority vote of at least 5 justices One of them then writes a majority opinion: a document that explains the constitutional reasons for the decision Any justice who disagrees with the decision may submit a dissenting opinion: explaining his or her reasons for disagreeing with the majority opinion
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There is no appeal court higher than the Supreme Court
Pg 137 There is no appeal court higher than the Supreme Court However, if a case with the same issue arises they may decide to reverse their past decision
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Pg 137 Judicial Review The most important power of the Supreme Court is the power to decide what the Constitution means Have the right to decide if acts of President or laws passed by Congress are unconstitutional: not allowed under the Constitution
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