2 Judicial Branch Article III of Constitution Job is to interpret the lawsOnly Court mentioned in the Constitution is the Supreme Court- all lower courts were created by the Judiciary Act of 1789.
3 Section 1What phrase is on the United States Supreme Court building?List 2 things that make it difficult to achieve equal justice?What Article describes the court system?What circuit court covers North Carolina?What are the 3 levels of the federal court system?If a case can be heard in either a state or federal court they are said to have _______ ________.Section 21. The federal court system can be described as a ____________.2. Does every state have a district court?3. What 2 types of cases do district courts hear?4. How many US courts of appeals are there?Each one covers an area called a _________________.Appeals courts can decide a case in what 3 ways?According to the Constitution how do federal judges get their jobs?What are the requirements to be a federal judge?Explain Senatorial courtesy.How long does a federal judge hold their position?What does a magistrate judge do?
4 Federal Court Jurisdiction The ConstitutionFederal Laws- kidnapping, tax evasion, counterfeitingDisputes between states.Citizens of Different statesThe Federal GovernmentForeign Governments and treatiesAdmiralty and Maritime LawUS Diplomats
5 Types of jurisdiction Jurisdiction- the power to hear a case Exclusive jurisdiction-only federal courts can hear this case.Concurrent jurisdiction-state and federal courts share power to hear this case
7 Judges Need to Know Sheet Appointed by the, President, Approved by the SenateNo established requirementsSupreme Court is made up of 9 justices Associate justices led by a Chief JusticeServe for life unless:RetireDeathImpeachment
8 Other Court officialsMagistrate- take care of judges routine work- search warrants- court ordersUS Attorney- the lawyer for the government.US Marshal- make arrests, collect fines, keep order in court and protect courtroom and jurors- transport prisoners
9 Marbury v. MadisonEstablished the Supreme Courts power of Judicial Review- the ability to declare a law unconstitutional
10 Supreme Court cases Court works for 9 months per year Each year about 7,500 cases are appealed to the Court- they hear less than 100.If they choose to hear a case it is put on the court docket- or calendar.
11 1. Each side writes a brief- a written explanation of their argument of the law 2. Each side is given 30 minutes for oral arguments- they answer questions of the justices.3. On Fridays the Justices conference- meet to discuss the cases and make decisions- based on majority rule- 5 votes to win4. Write the decisions called opinions5. Announcement
12 Types of OpinionsMajority opinion- facts of the case, ruling of the court, and reasons for ruling. Every case must have one.Dissenting opinion- written by a justice who opposes the outcome.Concurring opinion- agrees with the majority but for a different reason.Unanimous opinion- when all the justices agree
13 Reasons for Decision The Law- always most important Changing social conditions- reversing an earlier decisionDifferent legal viewsStrict interpretation- all the powers that the government has are listed in the Constitution.Loose interpretation- the Constitution grants more power then what is written in it.4. Personal beliefsStare decisis- “let the decision stand”- use of precedent.