1. THE ROLE OF THE FEDERAL COURTS Introduction to the Judicial Branch of the United States Government

2. THE JUDICIAL BRANCH  The Judiciary is made up of the Supreme Court, over 100 Federal Courts, and all of the judges who work in those courts.  Although these individuals tend to stay out of the public spotlight, they play a very important role in our nation’s government.

3. THE BASIC FUNCTION OF ALL COURTS  All courts perform the same basic function in society. They apply the law to an actual situation, and interpret it. After interpreting the law in a particular circumstance, they apply the law to the situation.

4. TWO KIND OF LEGAL CONFLICTS Criminal Courts Civil Courts  In a criminal case, a court determines whether a person accused of breaking the law is innocent or guilty. If the person is found guilty, the court also decides what the punishment will be.  In a civil case, a court settles a disagreement. The disagreement can arise over such issues as who broke a contract.

5. TWO RULINGS IN A CRIMINAL COURT CASE 1. Is the defendant guilty or is the defendant “not guilty?” 2. If the defendant is guilty, then how should the criminal be punished?

6. CIVIL COURT PROCEEDINGS  A disputed contract, why was it broken? Who is at fault?  Divorces are often handled in civil courts.  A violation of constitutional rights, like the right to free speech or freedom of religion.

7. THE PLAINTIFF An individual or a group of people who bring a complaint against another party. The term plaintiff is used for all civil cases. The plaintiff is the party that contends that he or she – or they – have been wrong. They are seeking justice.

8. THE DEFENDANT The party who answers a complaint in a civil suit is the defendant. The defendant is a person who has been accused of wrongdoing.

9. THE PROSECUTION The prosecution is similar to the plaintiff in a civil case. In a criminal case, criminal charges are brought by a government body who has accused the defendant of breaking the law. The prosecution is referred to as “The People” and is represented by a government lawyer known as a prosecutor.

10. THE JUDGE and JURY It is the duty of the judge and the jury to apply the law objectively in a case. They must determine which side – the plaintiff or the defendant – has an argument which is most in keeping with the law. Whether the trial is heard only by a judge or by a judge and a jury, objectivity and application of the law is essential to the justice system.

11. “INTERPRETING THE LAW…”  In order to interpret the law, the court must determine if the law is constitutional in the first place – usually it is.  Then, they must determine what the law means.  If the law is applicable to the case and evidence is adequate, then the court must consult precedents…

12. PRECEDENT  A court’s decision in a case can have long lasting implications. By making a ruling the court can establish a precedent, or a guideline for how all future cases should be decided.  A precedent makes the law or the Constitution clearer.  Precedents demonstrate how the law should be applied for others, both inside and outside the legal system.  For example, the case of Brown V. Board of Education, Topeka, KS established a precedent banning segregation in public places.

13. Brown V. Board of Education, Topeka, KS Not only did the case of Brown V. Board of Education, Topeka, KS end segregation in public schools, but also, it established a precedent. When the ruling regarding public schools was announced, it was clear also that the Supreme Court would not support so-called “Jim Crow” laws throughout the South which segregated other public facilities. “Jim Crow” was dead!

14. TYPES OF COURTS ON THE STATE LEVEL  Traffic Courts  Juvenile Courts  Municipal Courts  Most of the laws which we live by day to day are local or state laws; therefore, most of the legal disputes and violations of the law are decide in state courts.

15. ORIGINAL JURISDICTION  Original jurisdiction is the authority to hear a case first.  These courts may ruled over by judges or judges and juries; they will determine the facts of the case and render a verdict.  In civil cases, if the plaintiff or the defendant believe this decision is unjust, they can appeal the verdict.

16. APPEAL  An appeal is simply asking a higher court to review the lower courts decision to confirm that justice has been done.  The appeals court only reviews the legal issues involved and determines whether or not the law was applied fairly and whether or not due process was followed.  The appeals court can either affirm the verdict, or order another trial.

17. DOUBLE JEOPARDY IS NOT ALLOWED  The prosecution may not appeal a not guilty decision for a defendant.  The Fifth Amendment to the Constitution forbids double jeopardy.

18. CASES HEARD IN FEDERAL COURT  Cases involving federal laws and issues beyond the authority of individual states.  Cases that have been appealed o the Federal Courts from state Supreme Courts.