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Published byWesley Gibbs Modified over 9 years ago
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Reminders… Make up the Executive/Legislative Branch test! Make up the Executive/Legislative Branch test!
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Government: Unit VII The Judicial Branch
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The Constitution says… Article III Article III Created Supreme Court Created Supreme Court Gave Congress power to create “inferior courts” (Article II) Gave Congress power to create “inferior courts” (Article II) State Courts already in place – dual system State Courts already in place – dual system
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Federal Judges Terms, compensation Unlimited length w/ “good behavior” Salary cannot be reduced while in office Supreme Court ($167,900; Chief Justice $175, 400) Other Federal judges ($125,700 – $145,000) Only out through death or impeachment
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Jurisdiction – State or Federal? The right to interpret and apply the law (Federal) The right to interpret and apply the law (Federal) Ambassadors Ambassadors Maritime Maritime Bankruptcy Bankruptcy Two or more state gov. Two or more state gov. Citizens of different states (over $75,000) Citizens of different states (over $75,000) A state and citizen of a foreign country A state and citizen of a foreign country Citizens of the same state land disputes Citizens of the same state land disputes US laws and treaties or interpretation of the constitution US laws and treaties or interpretation of the constitution
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Jurisdiction Concurrent Jurisdiction – authority to hear the case is federal and state Concurrent Jurisdiction – authority to hear the case is federal and state Criminal can be tried for the same crime at both levels Criminal can be tried for the same crime at both levels
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Types of Law Civil Law – law between individuals and defines their rights Civil Law – law between individuals and defines their rights Governed by Equity Law Governed by Equity Law Plaintiff Plaintiff Defendant Defendant
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Criminal Law – crimes against the public order and provides punishment 2% heard in federal court – the rest in local and state court Prosecution Defendent
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Constitutional Law – interpretation of the constitution Constitutional Law – interpretation of the constitution
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Judicial Review The power to decide constitutionality The power to decide constitutionality Decided by John Marshall Decided by John Marshall Marbury vs. Madison Marbury vs. Madison
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State Court System State Supreme State Court of Appeals State Circuit Courts Local Municipal Courts
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State Court System – all judges are elected Municipal – no jury; only local ordinances; State Circuit Court – main trial court; roughly one per county (69); hear civil and criminal cases
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State Court System State Court of Appeals – four in Wisconsin; hear only appeals from circuit; three judges per court State Court of Appeals – four in Wisconsin; hear only appeals from circuit; three judges per court State Supreme – seven justices; hear constitutional issues State Supreme – seven justices; hear constitutional issues
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Federal Court System US Supreme US Court of Appeals US District Court
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Federal Court System – all judges appointed for life US District Court – violation of federal law or civil suits between states – 2 in Wisconsin US District Court – violation of federal law or civil suits between states – 2 in Wisconsin US Court of Appeals – appeals from US District Ct – 14 of them in the nation US Court of Appeals – appeals from US District Ct – 14 of them in the nation
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US Supreme – appeals involving constitutional issues 9 justices (since 1969) George W. Bush nominated 2 including Chief Justice John Roberts
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US Supreme Court Decide the cases they want to hear Decide the cases they want to hear ½ are incarcerated persons ½ are incarcerated persons Decide the case & written explanation of decision (The Court’s Opinion) Decide the case & written explanation of decision (The Court’s Opinion) Chief Justice If he agrees with the majority decision he writes the opinion If he agrees with the majority decision he writes the opinion Supervises general administration of federal court system Supervises general administration of federal court system
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Checks on the Judicial Branch Limited enforcement Limited enforcement Congress Congress Confirms Confirms Can impeach Can impeach Alter organization of court system Alter organization of court system Amend the constitution Amend the constitution The President The President Public Opinion Public Opinion Reflection of values Reflection of values
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