1. Unit 6: The judicial branch

2. History of the courts ___________of the Constitution grants judicial power to “one supreme Court, and in such ___________ courts as Congress may from time to time ordain and establish.” In other words…. The Constitution gives ultimate judicial power to the _________________, the highest court in the land The Constitution gives ___________(the legislative branch) the power to create ________ courts, as needed There are TWO separate court systems in the US _____________ – Supreme Court, District Courts _____________ – Every state has its own supreme court and system of lower courts.

3. Judicial Review…a review ______________: the power of the Supreme court to rule a law unconstitutional Established by the court decision in ___________________ Madison lost his case because the law he claimed Marbury broke was determined to be an unfair law

4. Jurisdiction _______________= the authority to hear (to try and decide) a case. Literally “to ______ the _______” ____________ courts may hear a case because of either – The subject matter For example, if you break a ___________ law, you go to trial in federal court If you break a ________ law, then you go to trial in the State’s court – The parties involved Example: State courts cannot handle cases that involve an official of a ______________ government All cases not heard by the ____________courts are within the ______________ of the States’ courts

5. 4 types of jurisdiction 1.______________ jurisdiction: power of the _____________ courts alone to hear certain cases – Example: Federal courts have exclusive jurisdiction over ____________cases, because those involve federal law 2._______________ jurisdiction: power ____________ by federal and State courts to hear certain cases – Example: Cases involving persons from 2 different ___________ can be heard in either a federal court, or the State court of the plaintiff 3._______________ jurisdiction: power of a court to hear a case _________, before any other court 4._______________ jurisdiction: power of a court to __________ decisions of an inferior (lower) court – i.e. courts of appeals – if you don’t agree with the original court’s decision, you may go to an appeals court to have it _____________

6. Two types of federal courts 1.____________ Courts – The federal courts created by Congress to exercise broad, judicial power (Article III) – Includes: 21 US Courts of ________ 94 __________ Courts US Court of International Trade US Court of Appeals for the Federal Circuit 2.Special Courts – Courts/Tribunals created by _____________ to deal with specific types of cases (Article I) – Includes: US Court of Federal _____________ Court of Appeals for the __________ _________ US __________Court Territorial Courts

7. The Supreme Court Is the _____________court in the US Consists of ___ total judges, all of whom are appointed __________ by the ___________ (with the consent of the Senate) – 1 ________justice Current Chief Justice: ______________ – 8 _____________justices

8. Current Supreme Court Justices (In order of seniority) Name: Appointed By: Chief Justice John ______________ _________ Antonin _____________________ __________ Anthony _____________________ __________ Clarence _____________________ ___________ Ruth Bader ___________________ ___________ Stephen _____________________ ___________ Samuel ______________________ ___________ Sonia ________________________ ___________ Elena ________________________ ___________

9. Supreme Court jurisdiction The Supreme Court has both ____________ jurisdiction and _____________ jurisdiction – The Constitution gives _____________jurisdiction to the Supreme Court in 2 types of cases: 1.Cases in which a _____________ is a party 2.Cases affecting ambassadors and other public figures from __________ _____________ – Appellate Jurisdiction - Most SC cases come from ________________ from lower federal courts and State courts

10. Supreme court in action Each term of the SC begins on the first Monday in ___________,and lasts until about June or July of the following year. About__________cases are appealed to the SC each year Of those cases, the SC will only actually accept a few ___________ for decision The SC selects cases based on the “_____________” – At least ____ of the 9 justices must agree that a case should be put on the court’s docket – ________________= a court’s list of cases to be heard

11. How do cases reach the supreme court? Most cases reach the Supreme Court by ________________ (latin for “to be made more _______________”) – Writ of certiorari = an order by the court directing a lower court to send a case up to it for _________ – Either party in a case may _____________(ask) the court for a writ – The court will only grant the writ if the case presents an important ________________question that needs to be addressed – When a writ is __________, the decision made by the lower court stands A few cases reach the SC by _______________– when a lower court is not sure about how to apply the law to a case, and asks the SC to look at the case to clarify

12. Court is in Session! (How the Supreme Court operates) Once the Supreme Court ____________ a case, it sets a date for that case to be heard Justices consider cases in _________ cycles – First 2 weeks, they actually hear ____________ arguments from parties involved, their lawyers, etc. – Second 2 weeks, the justices ___________ to meet together, ___________the cases, make ______________, and handle any other court business – Then, repeat! They hear a brand new set of cases for another 2 weeks, then recess for 2 weeks to make decisions on those cases….then again, and again, and again….

13. The SC has many sources of information to consider when reviewing a case: – ____________arguments: mainly from __________– limited to _______ min. – ______________: detailed written documents in support of one side of the case Always filed with the Court __________ the oral arguments begin Arguments are based on all relevant information, as well as on previous ______________ decisions Often, briefs can be ____________of pages long ___________________(“friend of the court”) briefs: briefs filed by persons /groups who are not actual parties in the case, but have substantial ________________in its outcome

14. The court in conference The justices decide cases in _____________ The ___________________leads the conference, speaking 1 st on each case considered, and usually indicating how he plans to vote Then, each _____________justice presents his/her views Then, they ________________

15. Supreme court opinions After debate, all 9 justices ______________ Most cases end with a _________________ (__________) because only truly difficult or ____________________cases ever make it to the Supreme Court anyway!

16. The Supreme Court’s written decisions are very valuable, because they stand as ____________ – examples to be followed in similar cases that may arise in any US court in the future ___________________:the Court’s actual decision in a case, called the Opinion of the Court. – Gives detailed _______________ for the Court’s decision – Some justices may choose to write ______________________– additional documents that add to or emphasize certain points in the majority opinion. ____________________: written statements by justices who do not agree with the Court’s majority decision – In rare cases, the Court may ___________ its decision later – Information given in dissenting opinions may be used to support ______________ in similar cases later on.

17. Supreme Court decisions can have a great impact on __________ _____________… Some people believe that judges should practice ________________ – judges should only decide cases based on the original___________of the framers of the Constitution. Others support __________________ – judges should interpret and apply the law based on ongoing ______________ in the conditions and ______________ of our society – “____________ judges” are sometimes criticized for taking too much ___________in influencing the laws

18. Qualifications for SC judges The Constitution does not specify any formal ________________ for Supreme Court justices Since the beginning, justices have always been trained in the __________. (mostly lawyers) Presidents tend to choose judges who agree with their ____________beliefs (Democrats will choose Democrats, Republicans will choose Republicans) Justices serve for life, as long as they demonstrate “___________________” – They can be ______________ and removed from office – Only one SC judge has ever been impeached, but he was not removed (__________________– 1805)

19. Your day in Court… ________________law: deals with laws that define public wrongs (offenses against public _________) and outline their punishments. – 2 kinds of crimes: _____________: serious crime, punishable by heavy fines, long- term imprisonment, and even death (ex. armed robbery, murder) ______________: lesser crime, punishable by small fines and/or a short jail term (ex. public intoxication, petty theft, prostitution) _____________ law: deals with disputes between ________________; usually called “_________” or “____________” – Can involve a wide range of issues (ex. divorce, custody, contracts, property damage, etc.) – Usually result in one person having to pay $ and/or give ____________________over to the other person

20. The Jury system The ____ th and ____ th amendments guarantee your right to have an ____________ jury in all ___________cases (6 th am.) and in all ____________cases involving disputes over money or property worth $_______or more (7 th am.) ____________: a body of people selected according to law who hear evidence and decide questions of _________ in a court case – 2 types: _____________ Jury

21. Grand jury Used only in _____________cases ___-___ jurors Main purpose is to determine whether there is enough __________ against the accused person to justify a ________ Although all States have requirements in place for grand juries, only about____________of them actually use them anymore

22. Petit Jury Main purpose is to hear ___________ in a case and ______________ the disputed facts Usually consists of _____ people, although some States only require 6 Jurors are summoned by a ________ official using a variety of public _____________ (county tax records, voter registration, motor vehicle registration, etc.)

23. Trial without jury? _____________ cases and ___________ cases over small sums of $ are often heard without any jury at all – _____________ trial = the __________ alone hears and decides the case

24. 4 th amendment Freedom from “________________________________” Search: of you or your _____________ – Unreasonable = without a _____________ (court order authorizing a search) Seizure: taking you or your property

25. 5 th amendment Guarantees ________________________– the govt will treat accused persons _______________ according to the law Establishes ____________________– the govt can take private property….but only if it _______ a fair price Also protects us from ____________________- being put on trial ______________ for the same crime

26. 6 th and 7 th amendments ______ th : Right to a __________ and ___________ (not secret) __________ Right to an _________________ jury of your peers in criminal cases ______ th amendment says the same thing, except it refers to _____________ cases $20 or more

27. 8 th amendment Protects us from… – “__________________________________” – Excessive ____________, fines, and other punishments

28. 14 th amendment Defines “__________________” – one who is born on US soil, or to US citizens, or one who acquires citizenship through the legal naturalization process _______________Clause - Says that no State will act in a way that is unfair toward any US citizen ________________Clause – says no State will discriminate against or draw unreasonable ____________________ between citizens for any reason 14 th am. Is not part of ____________________, but is still designed to protect our civil liberties