Judicial Branch. Why this is important What do I do if I m arrested? What are my rights? What happens in court?
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1 Judicial Branch Why this is important What do I do if I m arrested? What are my rights? What happens in court? What could happen if I am found guilty? What do I do if I think my rights are being violated?
2 Judicial Branch - Introduction Rule of Law no one is above the law ( Justice is blind ) Due Process: the guarantee that citizens rights will be protected if they are suspected of a crime Bill of Rights: the first ten amendments to the United States Constitution - Many Due Process rights listed
3 Three kinds of law in the US Criminal Law: when somebody commits a crime Ex s: theft, murder, speeding, vandalism Civil Law: when two or more people have a disagreement (divorce, contracts ) A contract is a legal written agreement between two or more people Constitutional Law: when a case deals with government power or civil rights
4 The Courts Hold trials Important Actors: Judges, Jury, Lawyers Each side makes their arguments Criminal Law: Sentence (punish) criminals who break laws Civil Law: award damages (money) to winner Level National State Local Judicial Branch Supreme Court (highest court) Court of Appeals (highest court) District Court (highest court)
5 Bill of Rights Reading Activity **So you know your rights!** The Bill of Rights is List of things that the government can t do Protects you from unfair treatment
6 Jurisdiction A court s jurisdiction is its authority (power) to hear a case. Federal courts have jurisdiction over federal crimes. Kidnapping Money counterfeiting Crimes that cross state lines State courts have jurisdiction over state crimes. Speeding tickets Theft / Robbery Assault
7 Jurisdiction Original Jurisdiction the power of a court to have a trial Prosecutor / Defendant Witnesses / evidence Petit Jury Appellate Jurisdiction the power of a court to hear a case on appeal Appeal does not mean to hold a new trial The panel of judges reviews the case
8 Maryland s Court System Court of Appeals sends appeals to higher court sends appeals to higher court sends appeals to higher court Court of Special Appeals Circuit Court District Court hands down decisions hands down decisions Hands down decisions
9 National Level: The Federal Courts Only deal with cases involving people from different states or cases based on federal law. Supreme Court sends appeals to higher court hands down decisions Appeals Court sends appeals to higher court Hands down decisions District Court
10 U.S. Federal Courts
11 If the grand jury decides there is enough evidence, they will indict the accused Indict formally accuse someone of a crime Indictment Before a case goes to trial, the evidence is reviewed by a grand jury. (5 th Amendment!) Grand Jury jury that decides if there is enough evidence to have a trial
12 Criminal Law 6 th Amendment is about criminal trials Criminal trial = when the government charges someone with a crime Prosecutor = the lawyer for the government, argues against the accused Tries to convince the jury beyond a reasonable doubt Defendant = the person accused of a crime (also gets a lawyer)
13 Guilty or Not Guilty? Judge presides over (leads) the trial, sentences the criminal if he/she is guilty Petit Jury decides whether defendant is guilty or not guilty (Beyond a reasonable doubt)
14 Plea Bargain Most cases never actually make it to court! Most of the time, the accused person takes a plea bargain a reduced sentence in exchange for pleading guilty and avoiding trial. The defendant gets less punishment, and the prosecutor doesn t have to prove anything.
15 Types of Crime Misdemeanor a less serious crime. Crimes like battery, theft (under $500), resisting arrest Have smaller punishments Felony a more serious crime. Crimes like kidnapping, robbery/theft (over $500), rape, murder) Have larger punishments even death penalty!
16 Contract Law Contract a legal written agreement between two or more people When a contract is broken, one party owes the other party
17 Tort Law Tort an act that causes damages that is not related to a contract Can be intentional or negligent Intentional = on purpose Negligent = by accident
18 Civil Law When two people have a disagreement, they can go to civil court Most people settle out of court (they decide before the trial) Most of the time, the judge decides without a jury The judge awards damages (money) to the injured party
19 Civil Law 2 Plaintiff = the person bringing the case to court Tries to convince the judge that the defendant owes money Defendant = the person accused of causing damages (has to pay money)
20 Civil Law vs. Criminal Law In a criminal trial, the jury decides if the defendant is guilty beyond a reasonable doubt Defendant can be found guilty or not guilty In a civil trial the judge or jury decides which side has a preponderance of evidence more evidence Defendant can be found liable or not liable
21 The Supreme Court The only court created by the Constitution Has 9 judges, called justices Has the power of Judicial Review Courts can declare a law or action unconstitutional (against the constitution) Which court case established this power? Is a passive branch of government. The courts can only review cases that are brought before them.
22 Precedent Precedent lower courts have to follow the previous decisions of higher courts. (almost like a law) Higher courts can reverse (change) a decision from a lower court.
23 Decision v. Precedent Decision What the justices decide for a specific case Example: In Miranda v. Arizona, the decision was that police could not use Ernesto Miranda s confession in court. Precedent How a court decision affects later cases/law Example: In Miranda v. Arizona, the precedent was that police had to read the rights to people they arrest if they want to use their confession in court.
Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties.
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