United States Judicial Branch
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1 United States Judicial Branch
2 Role of the Courts Resolving disputes Setting precedents Interpreting the law Strict or loose constructionists
3 Jurisdiction -right to try and decide a case. Exclusive jurisdiction -only federal courts hear the case. Concurrent jurisdiction -tried in either (or both) federal and state court.
4 Original jurisdiction -1 st time case is heard. Appellate jurisdiction -case has already been heard.
5 The Supreme Court Judiciary Act of 1789
6 1 st Chief Justice John Jay John Marshall
7 Chief Justice John Roberts
8 Associate Justices Sonia Sotomayor Clarence Thomas Ruth Ginsburg Antonin Scalia
9 Elena Kagan Stephen Breyer Samuel Alito Anthony Kennedy
10 Appointment to the Supreme Court Appointed by President with consent of Senate
11 Constitutional Courts -Term of good behavior
12
13 Bell Work What is the function of the court? Why do you think it is important for the courts to exist?
14 Objectives Analyze Supreme Court Cases to determine the facts, holding, and reasoning behind the decision of the Court. Evaluate the reasoning of Supreme Court Cases.
15 Writ of Certiorari Briefs Oral Arguments Private conference Decisions
16 Court Decisions Majority Opinion Decided by majority and agree with reasoning.
17 Concurring Opinion Agree with Court s decision but not the reasoning.
18 Dissenting Opinion Disagree with Court s decision.
19 Judicial Activism vs Judicial Restraint
20 Federal Court System
21 The Lower Courts (Federal) District Courts Court of Appeals
22 Federal Court Officers
23 Clerk Keeps a record of the court s proceedings.
24 U.S. Magistrate Issues search warrants, takes bail.
25 U.S. Marshal Issues orders of the court, secures jurors, makes arrests.
26 U.S. Attorney Prosecutes federal criminals and represents the U.S. in civil matters.
27 Terms to Know Diverse Citizenship En banc Writ of Mandamus Enjoin Certificate Senatorial Courtesy
28 State Judicial Branch
29
30 Trial Courts Grand jury Arraignment Public defender Petit jury Probation
31 Appeals Courts Special Courts Family Courts Probate Courts Juvenile Courts Traffic Courts
32
33 Lawmaking Groups Agencies Legislatures Courts
34 Procedures Civil Plaintiff vs. Defendant Contract Tort Property
35 Treason Criminal Felonies Misdemeanors
36 Parties to a Crime Principal Accomplice Accessory before the fact Accessory after the fact
37 Types of Crimes
38 Crimes of Omission
39 Preliminary Crimes Solicitation Attempt Conspiracy
40 Crimes Against the Person Homicide Noncriminal vs. Criminal Capital Murder 1 st Degree 2 nd Degree Manslaughter Voluntary vs. Involuntary
41 Assault & Battery Rape Forcible vs. Statutory
42 Crimes Against Property Arson Petty Larceny Vandalism Embezzlement
43 Burglary Extortion Forgery Unauthorized use of a motor vehicle Robbery Receiving Stolen Property
44 Controversial Crimes Drug Offenses
45 Bigamy Sex Offenses Prostitution
46 Euthanasia Suicide Dr. Jack Kevorkian
47 50% - Under 20 80% - Male 60% - White, 37% - Black Most Violent Offenders: young, black, low-income, unemployed Higher dropout rate
48 Largest U.S. Prison Inmate Populations New York 92,769 Florida 148, 521 Federal 183,187 Texas 223,195 California 246,317
49 The Legal Process Appearance in Court Preliminary Hearing Indictment Arraignment Jury Selection Trial Verdict Sentencing
50
51 Marbury v Madison Judicial Review John Marshall
52 McCullough v. Maryland Chief Justice Marshall Supported the Supremacy Clause and the Elastic Clause
53 Plessy v. Ferguson Established federal support for SEPARATE BUT EQUAL
54 Schenck v. U.S. First amendment does not protect words that create a clear and present danger.
55 Brown v. Board of Ed. of Topeka SEPARATION IS INHERENTLY UNEQUAL The court ordered plans for the elimination of segregation with all deliberate speed.
56 Mapp v. Ohio 4 th Amendment protects against unreasonable search and seizures.
57 Engel v. Vitale The Establishment Clause
58 If you cannot afford an attorney, one must be appointed.
59 Miranda v. Arizona Right to remain silent Anything you say can be used against you Right to an attorney If can t afford an attorney, one will be appointed
60 Tinker v. Des Moines Student s right to freedom of expression (within reason).
61 Right to privacy which legalized abortion.
62 Gregg v. Georgia Death penalty is not a violation of the 8 th Amendment
63 Regents of the Univ. of Calif. v. Bakke Reverse discrimination Race cannot be sole factor in admissions.
64 New Jersey v. T.L.O School property is not private in loco parentis
65 Texas v. Johnson Upheld as symbolic speech
66 Obergefell v. Hodges Legalized same-sex marriage
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