1. Judicial Branch & the Courts

2. The U.S. has a Dual Court System : -Federal Courts -State Courts

3. The Federal Court System

4. Article III Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

5. Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;-- between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

6. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

7. Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

8. The court’s jurisdiction is set by law and limited by territory and type of case. Jurisdiction – the authority of a court to hear and decide cases

9. The Adversarial System Courts settle disputes between individuals or parties (a private party v. the government, or a state v. the United States government, or an individual v. another individual, etc.). Each side presents its position. The court (or jury) applies the law and decides in favor of one or the other.

10. The goal of the United States legal system is equal justice under the law. Why is this goal difficult to achieve?

11. Rights of the Accused *Accused people are considered innocent until proven guilty. *Defendants may ask for a review of their case by a higher court if they think the court has made a mistake. This review is called an appeal.

14. U.S. District Courts District courts are the federal courts where trials are held and lawsuits are begun. All states have at least one. For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time. District courts hear both civil and criminal cases. They are the only federal courts that involve witnesses and juries.

15. Federal criminal cases involve:  Bank robbery  Counterfeiting  Mail fraud  Kidnapping  Civil rights abuses

16. Circuit Courts of Appeals A party that loses a case in district court may appeal to a federal circuit court of appeals, or in some cases, directly to the U.S. Supreme Court.

17. U.S. Courts of Appeals Appeals courts review decisions made in lower district courts. This is appellate jurisdiction — the authority to hear a case appealed from a lower court.

18. The US Circuit Court of Appeals 12 U.S. Courts of Appeals cover a particular geographic area called a circuit (a thirteenth appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction). Appeals courts do not hold trials. Instead, a panel of judges (usually 3) reviews the case records and listens to arguments from lawyers on both sides. The judges may decide in one of three ways: uphold (AGREE) the original decision, reverse (disagree) the decision, or remand the case—send it back to the lower court to be tried again.

19. The Supreme Court The main job of the nation's top court is to decide whether laws are allowable under the Constitution. The Supreme Court has original jurisdiction only in cases involving foreign diplomats or a state. All other cases come to the Court on appeal. The Court chooses the cases it hears through the Writ of Certiorari. 4 justices must decide to hear a case (Rule of Four) The Court chooses the cases it hears. In cases the Court refuses to hear, the decision of the lower court stands. The court has final authority on cases involving the Constitution, acts of Congress, and treaties.

20. The United States Supreme Court When the court decides a case, it can: Affirm the decision of the lower court and “let it stand,” or Modify the decision of the lower court, without totally reversing it, or continued…

21. The United States Supreme Court Reverse the decision of the lower court, requiring no further court action, or Reverse the decision of the lower court and remand the case to the court of original jurisdiction, for either retrial or resentencing.

22. The Current Supreme Court Eight associate justices and one chief justice make up the supreme court. The president appoints Supreme Court justices, with Senate approval. The president's decision may be influenced by the Justice Department, American Bar Association, interest groups, and other Supreme Court justices.

23. Powers of the Court The Court's main job is to decide whether laws and government actions are constitutional, or allowed by the Constitution. It does this through judicial review—the power to say whether any law or government action goes against the Constitution. The legislative and executive branches must follow Supreme Court rulings. Because the Court is removed from politics and the influences of special-interest groups, the parties involved in a case are likely to get a fair hearing.

24. Marbury v. Madison The Constitution does not give the Supreme Court the power of judicial review. The Court claimed the power when it decided the case Marbury v. Madison.

25. The Power of Judicial Review In the Court's opinion, Chief Justice John Marshall set forth three principles of judicial review: (1) The Constitution is the supreme law of the land. (2) If a law conflicts with the Constitution, the Constitution rules. (3) The judicial branch has a duty to uphold the Constitution. Thus, it must be able to determine when a law conflicts with the Constitution and nullify that law. Through its rulings, the Supreme Court interprets the meaning of laws, helping the police and other courts apply them.

26. Limits on the Courts' Power The Court depends on the executive branch and state and local officials to enforce its decisions. Usually they do. Congress can get around a Court ruling by passing a new law, changing a law ruled unconstitutional, or amending the Constitution. The president's power to appoint justices and Congress's power to approve appointments and to impeach and remove justices serve to check the power of the Court. The Court cannot decide that a law is unconstitutional unless the law has been challenged in a lower court and the case comes to it on appeal. The Court accepts only cases that involve a federal question. It usually stays out of political questions. It never considers guilt or innocence.