Chapter 10: The Judicial Branch

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Cornelia Brooks
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1 Chapter 10: The Judicial Branch Section 1 Objectives: 1.) Explain the need for laws and a legal system 2.) Describe the role of courts in our legal system 3.) Compare the roles of state and federal courts Section I: The Role of the Federal Courts I. Laws and Courts II. What Courts Do 1. Disputes involving laws are resolved in the legal system 1. They apply the law to an actual situation 2. There are 2 types of cases: a. Criminal Case - Court determines whether a person accused of breaking a law is innocent or guilty b. Civil Case - The court settles disagreements Example: auto accident, divorce, broken contract A. The Parties in the Conflict 1. Every court case has two opposing sides; these sides depend on if the case is civil or criminal 2. The typical civil case is brought by the plaintiff 3. The party who answers a complaint and defends against it is called the defendant a. Can be an individual, group, or government body b. Frank Sinatra v. R.G. Drage 4. The Criminal Case is brought to court by the Prosecution 5. The prosecution is referred to as The People and is represented by a prosecutor a. The people of the State of Ohio v. Mr. Renner

2 B. The Members of the Court 1. A judge s job is to apply the law to a conflict and decide which sides argument keeps with the law 2. The judge must remain neutral throughout a case 3. Jury - decides the facts of a case a. Trial by jury is guaranteed by the Constitution C. Interpreting the Law 1. What does a law mean? 2. Decisions made in one case can influence many others 3. Precedent - by ruling in court a standard can be set on how a law will be interpreted (Brown v. BOE Topeka, Kansas) III. State Courts and Federal Courts 1. State and Federal Courts are interconnected systems A. Jurisdiction 1. Original jurisdiction authority to hear a case first 2. Appeal ask a higher court to review their case 3. Appellate jurisdiction have the authority to hear an appeal B. Cases Heard by Federal Courts 1. Cases involving federal laws and issues beyond the authority of individual states 2. Cases appealed from state supreme courts

3 Section 2 Objectives: 1.) Describe the relationship between district courts and courts of appeals. 2.) Explain the role of the Supreme Court. 3.) Recognize the roles of special federal courts. 4.) Summarize the responsibilities of federal judges Section II: The Organization of the Federal Courts I. District Courts II. Court of Appeals across the United States 2. Each state has at least 1, some as many as 4 3. Number of Judges in each court ranges from 1-28, depending on the workload 4. Lowest form of Federal Courts 5. Examples: kidnapping; city not following Federal air acts of them; handle appeals from District Courts 2. Cases are taken from District Courts depending on the geographic region; called a Circuit 3. Court of Appeals has no jury, calls no witnesses, and does not examine any evidence 4. Lawyers make arguments to a panel of three judges 5. Court of Appeals is not concerned with guilt or innocence; only if the first trial was fair III. The Supreme Court 1. Highest court in the land 2. Final court of appeals IV. Special Federal Courts 1. Court of Claims

4 2. Court of Customs and Patent Appeals 3. Tax Court V. Federal Court Judges 1. Judges must be impartial and cannot favor either side 2. All federal judges are appointed by the President and confirmed by the Senate 3. Serve life terms a. Can be removed through the impeachment process 4. Most difficult aspect: balancing the rights of the individual with the interest of the nation as a whole 5. Supreme Court judge s decisions carry consequences for the nation

5 Section 3 Objectives: 1.) Analyze the importance of judicial review. 2.) Summarize the Supreme Court s process of decision making. 3.) Examine the factors that can influence justices. 4.) Explain how and why the Court has changed throughout its history. 5.) Describe how the court s power is checked by the other branches of government. Section III: The Supreme Court I. Judicial Review 1. Definition - the power to overturn any law which the Court decides is in conflict with the Constitution A. Marbury v. Madison (1803) II. The Justices 1. Set a precedent for judicial review a. Since 1803, over 1,000 state and local laws and over 100 federal laws have been overturned due to the use of Judicial Review 1. Of the 108 justices, all but four have been white men a. Exceptions: Thurgood Marshall (1967), Clarence Thomas (1991), Sandra Day O Connor (1981), and Ruth Bader Ginsburg (1994) 2. There are nine Supreme Court justices 3. Salary is $208,100 a year (Chief Justice $217,400) III. The work of the Supreme Court A. Settling Cases 1. The court chooses which cases to hear; Gets nearly 7,000 requests a year and hears approximately 100 of them B. Hearing Arguments

6 1. Each side submits briefs (written arguments) 2. Justices study briefs 3. Lawyer for each side presents oral arguments before the court a. Time limits are placed on arguments: 30 minutes each side 4. Justices then ask questions to each side C. Making a decision 1. Justices meet in conference to discuss case and vote on it 2. Chief Justice leads discussion summarizing case then offers opinion 3. Each justice may then comment 4. Chief Justice then calls for vote a. Simple majority of at least 5 wins D. Writing Opinions 1. Most Supreme Court decisions are accompanied by an opinion (written statement explaining the reasons for the decision) 2. A justice who agrees with the majority but has a different way to state reasons may write a concurring opinion 3. A justice agreeing with the minority may write a dissenting opinion IV. Influences on Judicial Decision Making 1. Justices must carefully review each case, consider all related precedents 2. Usually decided about issues people feel strongly about

7 3. President appoints Supreme Court justices who agree with their political views V. A Changing Court 1. Supreme Court decisions change over time 2. Judicial activism effort by judges to play an active role in making policy a. Example: Warren Court led by Earl Warren 3. Judicial restraint effort by judges to avoid overturning laws a. Example: Burger Court led by Warren Burger VI. The Court and the Other Branches of Government 1. Judicial review gives the Supreme Court an important check on the legislative and executive branches A. The President s Power 1. The executive branch can check the Supreme Court by appointing judges B. The Power of Congress 1. The legislative branch (Senate) can check the Supreme Court by refusing to confirm appointments of judges a. Out of 148 nominated, 30 were not confirmed 2. Congress can also propose a constitutional amendment a. 14 th Amendment nullified Dred Scott decision C. Citizen Participation 1. Because the system of checks and balances gives no branch final say over another, the citizens always have at least one avenue to try to influence policies a. But they must participate in government!

THE JUDICIAL BRANCH. Article III. The Role of the Federal Court

THE JUDICIAL BRANCH. Article III. The Role of the Federal Court THE JUDICIAL BRANCH Section I Courts, Term of Office Section II Jurisdiction o Scope of Judicial Power o Supreme Court o Trial by Jury Section III Treason o Definition Punishment Article III The Role of