1. The Judicial Branch

2. US Court System
Article III of the Constitution created The United States Supreme Court
Authorizes Congress to create all US Courts below Supreme Court
12 Appeals Courts, 94 District Courts
Special Courts & Military Courts

3. United States Supreme Court
Highest Court in the United States, Hear appeals from lower courts
9 Justices – Appointed by President and confirmed by the Senate
Serve for “Life or Good Behavior”
Ultimate Authority on Constitutionality

4. Hearing Cases 7,000+ Appeals Every Year
Justices choose to hear less than 200 cases
4 of 9 Justices must agree to hear a case
Important, Constitutional Issues that can affect the entire country

5. Case Procedure Written Arguments: Submitted by each side
Oral Arguments: Made in front of all 9 Justices
Conferences: Secret meetings between justices
Writing Opinions: Senior Judge in Majority either Writes or assigns Majority Opinion. Others can write Concurring or Dissenting Opinions

6. Judicial Review
The Power to declare a Law passed by Congress to be Unconstitutional
This power is NOT given to the Supreme Court in the Constitution
The Court claimed this power in 1803, while deciding the Case, Marbury v Madison

7. Marbury v Madison, 1803
During his last weeks in office, President John Adams appointed William Marbury to be Justice of the Peace for Washington DC

8. Marbury v. Madison, 1803 Thomas Jefferson becomes President
His Secretary of State, James Madison refuses to deliver Marbury’s commission

9. Marbury v. Madison, 1803
Judiciary Act of 1789 had expanded the Power of the US Supreme Court
Marbury takes Madison to Court, and asks the Court to issue a writ, compelling Madison to deliver the Commision VS

10. Marbury v. Madison, 1803
Chief Justice John Marshall believed that Marbury should get the job
Afraid if he issued the writ, that Jefferson and Madison would ignore it, and reduce power and prestige of Supreme Court
Instead, he said that the law gave the court powers beyond Article III and was therefore Unconstitutional
Established Principle of Judicial Review

11. Types of Law: Criminal Law
The Government charges a Person with a Crime
The Government must prove that a Person is guilty beyond a reasonable doubt
Punishment = Prison and/or fines

12. Types of Law: Civil Law
A Person or Government sues another Person or Government
The side that can convince a judge or jury of their position with a preponderance of evidence is the winner
Winning side receives money

13. Types of Courts
Courts of Original Jurisdiction: Lowest level, where original trials are held. Usually have Judge & Jury
Appellate Courts: Hear appeals from lower Courts. Cases are heard by a panel of Judges. No Juries in Appellate Courts

15. State and Local Courts All 50 States have their own court systems
States have District, Appeals and their own Supreme Courts
Appeals from State Supreme Courts are heard by the US Supreme Court
Cities and Towns may have local trial courts