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The Judicial Branch.

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Presentation on theme: "The Judicial Branch."— Presentation transcript:

1 The Judicial Branch

2 Court Systems & Jurisdictions

3 Judicial function in the United States is exercised in a dual court system.

4 Court Systems -Two Separate Court Systems Created by Article III
Federal Run by national government State Run by state governments -Two kinds of court cases Civil Cases between individuals (lawsuits) Criminal Cases of suspected crime (breaking laws) Federal Courts State Courts District Courts District Courts Appeals Courts Appeals Courts Supreme Court Supreme Court Civil Law – disputes between individuals Criminal Law – a law has been broken

5 U.S. Courts Handle – “have jurisdiction over” - cases involving federal law and the Constitution.

6 State Courts Handle (have jurisdiction over) cases involving state matters.

7 The right of a court to hear a case and make a decision
Jurisdiction: The right of a court to hear a case and make a decision

8 Appellate Jurisdiction
Authority of a court to review the decisions of the lower court. Hears cases on appeal Original Jurisdiction Authority of a court to hear a case before any other court; grants a traial

9 Powers of the Judicial Branch

10 The hearing and judgment of a case in court.
Conduct Trials The hearing and judgment of a case in court.

11 Interpret the Law The Judicial Branch decides arguments about the meaning of laws, how they are applied and whether they break the rules of the U.S. Constitution.

12 Hear Appeals The right of a convicted person to ask a higher court to review his or her case.

13 Judicial Review The power to determine the constitutionality of laws and executive acts.

14 Role of the Judicial Branch in the System of Checks and Balances

15 Judicial Checks Judicial Powers over the Legislative Branch
The Judicial Branch can declare Congressional laws unconstitutional. Judicial Powers over the Executive Branch The Judicial Branch can declare executive acts unconstitutional.

16 Checks on the Judicial Branch
Legislative Powers over the Judicial Branch Congress approves and can impeach federal judges Executive Powers over the Judicial Branch The President appoints federal judges.

17 U.S. District Courts Only Trial Court Plaintiff: U.S. Government
Defendant: Accused 1 Judge Jury Original Jurisdiction

18 U.S. Court of Appeals If unhappy with ruling in District Court, the accused needs a legal reason to appeal to this court. 3 Justices (judges) No jury Appellate Jurisdiction

19 U.S. Supreme Court Final court of appeals if unhappy with ruling in District Court of Appeals 9 Justices No Jury Appellate jurisdiction Limited Original Jurisdiction

20 End of Course All federal cases must begin in district court because they have which of the following powers to hear a case for the first time? a. original jurisdiction b. federal control c. precedent d. appellate jurisdiction

21 End of Course The majority of the job of the Supreme Court is to decide whether laws or actions by the government officials are allowed by which of the following? a. the lower courts b. the President c. the Senate d. the U.S. Constitution

22 End of Course When a case has been tried by a district court and it gets appealed, it is handed over to which of the following courts because they have appellate jurisdiction before the Supreme Court does? U.S. Court of Appeals U.S. District Court U.S. Supreme Court U.S. Federal Court

23 The Federal Court System

24 The Federal Court System
The federal courts try cases involving federal laws and the Constitution.

25 Jurisdiction -the authority to hear a question or case in dispute -Original Jurisdiction -this belongs to the court which has the initial authority to hear a case -Exclusive Jurisdiction -means that jurisdiction belongs to only one group -Concurrent Jurisdiction -this means that a case can be heard in one of several courts

26 U.S. Supreme Court U.S. Court of Appeals U.S. District Courts

27 The Constitution and Laws define the jurisdictions, powers and structure of the federal courts.

28 Types of Cases heard by Federal Courts:
-Constitutional Questions -Crime committed on federal property Violation of federal laws Disputes between states Disputes involving foreign governments.

29 When someone violates a person’s constitutional rights -Example
Freedom of speech Freedom of expression When a person feels his or her constitutional rights, such as freedom of speech or freedom of religion have been violated, they can sue the person they feel is violating them. In the 1940s, a man named Korematsu sued the U.S. government, saying that his forced relocation to a Japanese internment camp was a violation of his 14th Amendment rights of equal protection and due process. This case went through the federal courts and ended up in the U.S. Supreme Court.

30 Crimes defined by Congress or mentioned in the Constitution -Example
Federal Law Crimes defined by Congress or mentioned in the Constitution -Example Treason Piracy Counterfeit money Any violation of a federal law will be tried in a federal court. For example, if you are caught illegally copying CDs or DVDs and selling them on the “black market,” you will be arrested and tried in a federal court.

31 Laws broken on the high seas -Example
Maritime Laws Laws broken on the high seas -Example Someone murdered on a cruise ship Crimes that are committed on the high seas do not go unnoticed by the federal government. Because they do not happen in a state, though, all violations of maritime laws, and all crimes that happen on the high seas, are handled through the federal court system.

32 Disputes involving the U.S. Government
Someone feels wronged by or does something against federal government -Example Not paying taxes U.S. Postal truck runs into a car Federal courts also handle cases that have disputes involving the U.S. government. For example, every citizen, according to the 16th Amendment, is required to pay a federal income tax every year. When you do not pay that tax, it is called tax evasion. These cases are handled through the I.R.S. and the federal courts, and they may lead to jail time, like they did for Willie Nelson.

33 Controversies between states
Cases in which two or more states are a party -Example California wants rights to water from Nevada or New Mexico Federal courts also have original jurisdiction in cases involving controversies between the states. For example, Hoover Dam provides most of the electric power for Las Vegas, Nevada, as well as most of Southern California. If the two states began fighting for the exclusive rights to electricity from Hoover Dam, that case would go to the federal court system.

34 The U.S. Supreme Court and Judicial Review

35 U.S. Supreme Court Highest Court in the land
The only court specifically listed in the U.S. Constitution Justices appointed by the President and approved by the Senate Appointed for life Can be impeached by Congress

36 The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.

37 Judicial Review

38 Judicial Review The power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional.

39 Marbury v. Madison 1803 *Established the principle of judicial review.
*Established the Supreme Court as the interpreter of the Constitution. *1st time that the Supreme Court said an act of Congress was unconstitutional. Marbury v. Madison 1803

40

41 End of Course Which of the following is the power to say whether any federal, state or local law or government action goes against the Constitution? a. judicial review b. judicial interpretation c. Supreme Court review d. veto power

42 End of Course Which power was given when Chief Justice John Marshall declared actions by the Executive Branch unconstitutional? a. the appellate court b. judicial review c. original jurisdiction d. Executive Branch decision

43 End of Course How many justices must vote to hear a Supreme Court case? a. 2 out of 9 b. 3 out of 9 c. 4 out of 9 d. 5 out of 9

44 End of Course When an appeals court makes a decision on a case the judge writes which of the following outlining a detailed explanation for their decision? a. decision b. docket c. opinion d. precedent decree

45 End of Course Which of the following is used during civil litigation to promptly dispose a case without a trial and usually used when there is no dispute as to the material facts of the case? a. petition for writ of certiorari b. summary judgment c. court order d. appellate review

46 End of Course Which of the following reasons is the most significant component about the powers of judicial review to the Judicial Branch? a. equal power as the Executive and Legislative Branches b. the power to eliminate unconstitutional laws c. the power to impeach a president d. the power to write and control new laws

47 End of Course The U.S. District Courts, U.S. Circuit Courts of Appeal and the U.S. Supreme Court are all part of which court system? federal court system state court system local court system appellate court system

48 Brown v. Board of Education
*The Supreme Court declared a state law unconstitutional. *Racial segregation in public schools violated the Constitution *Violated the 14th Amendment: All citizens have equal protection under the law Brown v. Board of Education 1954

49

50 *The Supreme Court decided the outcome of the presidential election.
*Manual recount of presidential votes in Florida would stop *Recount was unconstitutional: it could not be completed by the deadline. Bush v. Gore 2000

51

52 The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.

53 Principles of the Judicial Branch

54 Due Process Rights Principle Where is it Found? What does it mean?
5th Amendment prohibits the national government from acting in an unfair manner. 14th Amendment prohibits the states and local governments from acting in an unfair manner. The Constitutional protection against unfair government action and laws.

55 Trial by Jury 6th Amendment
Principle Where is it Found? What does it mean? Trial by Jury 6th Amendment Right to a speedy and public trial, by an impartial jury

56 Rights of the Accused 6th Amendment Principle Where is it Found?
What does it mean? Rights of the Accused 6th Amendment to be informed of the charges to cross examine witnesses to have witness on their behalf assistance of counsel

57

58 Equal Protection under the law
Principle Where is it Found? What does it mean? Equal Protection under the law 14th Amendment States can not deny any person equal protection. Further defined that all men are created equal

59 The judicial branch interprets the law in order to protect individuals from the power of the government.

60 End of Course Which of the following is filed when a Supreme Court asks to review a decision of a lower court? a. summary judgment b. court order c. petition for writ of certiorari d. judicial review

61 Criminal Cases and Procedures

62 Criminal Cases The court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or felony, a more serious crime punishable by more than a year in prison.

63 Procedures for a criminal case
Arrest Jail or Bail Arraignment Preliminary Hearing Trial Sentencing

64 Arrest Police can place someone under arrest if:
There is probable cause- reason to believe someone is guilty of a crime. The police officer witnesses a crime. An arrest warrant is issued. Miranda rights must be read: right to remain silent, to have an attorney

65 Jail or Bail The accused may be committed to jail or released on bail.
Bail- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial

66 Arraignment First Meeting in front of a judge Bail is set
Attorney is appointed by the court if requested Preliminary Trial date is set

67 Preliminary Hearing Guilty or not guilty plea is entered
Judge reviews probable cause (is there enough evidence to proceed to trial?) Trial date is set

68 Trial (District Court)
Prosecution- Government Attorney Defense- Accused and Attorney Jury is chosen Opening Statements Witness Testimony and Cross-Examination Closing Arguments Jury Deliberation- must find the accused guilty beyond a reasonable doubt. Verdict

69 Sentencing If a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.

70 Appeal The convicted may appeal the case to a higher court if his/hers rights were violated or if there was an error in the court procedures.

71 Civil Cases

72 Civil Cases The court settles a disagreement between two parties; often over money or harm to someone’s reputation.

73 Plaintiff Person who feels that they have been wronged
Initiates (begins) lawsuit Files complain to recover damages or to receive money Describes plaintiff’s injury, asks court to order relief

74 Defendant Served a copy of the complaint
Defends themselves against the complaint Has to be proven guilty by a preponderance (majority) of the evidence

75 Disagreement Settled by:
Jury Judge explains law that is relevant in the case Determine if defendant is responsible damages or compensation Judge Bench Trial Determines if defendant is responsible Determines amount of damages or compensation

76 The court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to the Supreme Court.

77 Juvenile Crime

78 Juvenile Anyone under the age of 18

79 Juvenile who commits an act that would be a crime if they were an adult.
Juvenile Delinquent

80 Procedures for Juvenile Cases
No juvenile is tried in the federal court system; state systems only Juveniles who commit serious crimes can be tried as adults No jury trials for juveniles; judges have greater latitude in handling cases Goal of the juvenile justice system is to rehabilitate not to punish

81 End of Course A courts authority to hear or decide a case is known as which of the following? a. stare decisis b. a brief c. precedent d. jurisdiction

82 End of Course Which of the following results when all states have the authority to design and government their court system? a. all states have the same state court system b. each states judicial system may differ c. some states have no judicial system d. states may have judicial systems that have more power than the federal court system

83 End of Course How do federal district courts and court of appeals differ? a. In federal district courts, juries determine facts in cases and in courts of appeals, they review decisions made in lower courts. b. In federal district courts, juries determine facts in cases and in courts of appeals, judges review juries decisions in lower courts. c. In federal district courts, judges determine the facts in a case and in a court of appeals, they review the decisions made by judges in lower courts. d. In federal district courts, judges determine the facts in a case and in a court of appeals, juries review the facts of a case.

84 End of Course 18. Which court system has jurisdiction over controversies between states? a. federal courts b. state courts from states not involved c. state Supreme Courts d. state trial courts

85 End of Course Cases involving family law issues and divorces belong to the jurisdiction of which of the following courts? a. Supreme Court b. federal court system c. state Courts d. no court jurisdiction at all

86 End of Course The Constitution reserves all cases not reserved for the federal courts to the state courts by doing which of the following? a. listing all cases to be heard and tried by the federal courts only b. listing all cases to be heard and tried by the state courts and the federal courts c. listing all cases to be heard and tried by the state courts only d. the Constitution does not specify the types of cases that would fall under state or federal jurisdiction

87 End of Course If a state law is questioned by a group of citizens, they must first file grievances with which of the following? a. the state court system b. the federal district courts c. the U.S. Supreme Court d. the federal court of appeals

88 End of Course If a state law is deemed constitutional by the state Supreme Court, then which of the following occurs? a. the law stands and must be enforced b. the law may be broken if a citizen feels it is unconstitutional c. the law may be appealed to a U.S. Supreme Court d. the law cancels any federal laws it may contradict

89 End of Course If a state law is questioned by a group of citizens, they must first file grievances with which of the following? a. the state court system b. the federal district courts c. the U.S. Supreme Court d. the federal court of appeals

90 End of Course When are civil cases heard? a. only in state lower courts b. all levels and in both the state and federal courts c. at the federal district level only d. only after a criminal case has been brought up

91 End of Course What is the goal of the federal court system? a. to settle everyone equally b. to treat everyone the same c. to settle civil disputes d. to treat the law the same

92 End of Course What is the most important influence on the American legal system? a. Roman law b. Hammurabi’s Code c. Justinian Code d. English common law

93 End of Course Which term is used to refer to a person being sued in a dispute over a contract? a. defendant b. plaintiff c. status offender d. delinquent offender

94 End of Course Which of the following refers to a serious crime that normally has a punishment of more than a year in jail? a. misdemeanor b. felony c. lawsuit d. statute punishment

95 End of Course Which term is used to refer to a person being sued in a dispute over a contract? a. defendant b. plaintiff c. status offender d. delinquent offender

96 End of Course Why are juveniles treated differently than adults in the criminal justice system? a. because their crimes are less serious b. because their victims insist that they be treated differently c. because of their age d. because they are still in school

97 End of Course What type of law relates to when a married couple decides to get a divorce and the judge hears both sides to make a decision on how their property should be divided? a. criminal law b. remedy c. civil law d. property law

98 End of Course What is a major goal of the juvenile justice system?
a. to correct offenders’ behavior b. to solve the underlying social problems causing the behavior c. to get repeat offenders off the streets d. to keep offenders in school

99 End of Course What type of law relates to when a married couple decides to get a divorce and the judge hears both sides to make a decision on how their property should be divided? a. criminal law b. remedy c. civil law d. property law

100 End of Course When a court’s interpretation follows the law and says,“Here is how you handled this situation before,” it is referring to which of the following? a. statute b. lawsuit c. remedy d. precedent

101 End of Course What type of law relates to when a married couple decides to get a divorce and the judge hears both sides to make a decision on how their property should be divided? a. criminal law b. remedy c. civil law d. property law


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