United States Judicial Branch

United States Judicial Branch

Role of the Courts Resolving disputes Setting precedents Interpreting the law Strict or loose constructionists

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.

Original jurisdiction -1 st time case is heard. Appellate jurisdiction -case has already been heard.

The Supreme Court Judiciary Act of 1789

1 st Chief Justice John Jay John Marshall - 1801

Chief Justice John Roberts

Associate Justices Sonia Sotomayor Clarence Thomas Ruth Ginsburg Antonin Scalia

Elena Kagan Stephen Breyer Samuel Alito Anthony Kennedy

Appointment to the Supreme Court Appointed by President with consent of Senate

Constitutional Courts -Term of good behavior

Bell Work What is the function of the court? Why do you think it is important for the courts to exist?

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.

Writ of Certiorari Briefs Oral Arguments Private conference Decisions

Court Decisions Majority Opinion Decided by majority and agree with reasoning.

Concurring Opinion Agree with Court s decision but not the reasoning.

Dissenting Opinion Disagree with Court s decision.

Judicial Activism vs Judicial Restraint

Federal Court System

The Lower Courts (Federal) District Courts Court of Appeals

Federal Court Officers

Clerk Keeps a record of the court s proceedings.

U.S. Magistrate Issues search warrants, takes bail.

U.S. Marshal Issues orders of the court, secures jurors, makes arrests.

U.S. Attorney Prosecutes federal criminals and represents the U.S. in civil matters.

Terms to Know Diverse Citizenship En banc Writ of Mandamus Enjoin Certificate Senatorial Courtesy

State Judicial Branch

Trial Courts Grand jury Arraignment Public defender Petit jury Probation

Appeals Courts Special Courts Family Courts Probate Courts Juvenile Courts Traffic Courts

Lawmaking Groups Agencies Legislatures Courts

Procedures Civil Plaintiff vs. Defendant Contract Tort Property

Treason Criminal Felonies Misdemeanors

Parties to a Crime Principal Accomplice Accessory before the fact Accessory after the fact

Types of Crimes

Crimes of Omission

Preliminary Crimes Solicitation Attempt Conspiracy

Crimes Against the Person Homicide Noncriminal vs. Criminal Capital Murder 1 st Degree 2 nd Degree Manslaughter Voluntary vs. Involuntary

Assault & Battery Rape Forcible vs. Statutory

Crimes Against Property Arson Petty Larceny Vandalism Embezzlement

Burglary Extortion Forgery Unauthorized use of a motor vehicle Robbery Receiving Stolen Property

Controversial Crimes Drug Offenses

Bigamy Sex Offenses Prostitution

Euthanasia Suicide Dr. Jack Kevorkian

50% - Under 20 80% - Male 60% - White, 37% - Black Most Violent Offenders: young, black, low-income, unemployed Higher dropout rate

Largest U.S. Prison Inmate Populations New York 92,769 Florida 148, 521 Federal 183,187 Texas 223,195 California 246,317

The Legal Process Appearance in Court Preliminary Hearing Indictment Arraignment Jury Selection Trial Verdict Sentencing

Marbury v Madison Judicial Review John Marshall

McCullough v. Maryland Chief Justice Marshall Supported the Supremacy Clause and the Elastic Clause

Plessy v. Ferguson Established federal support for SEPARATE BUT EQUAL

Schenck v. U.S. First amendment does not protect words that create a clear and present danger.

Brown v. Board of Ed. of Topeka SEPARATION IS INHERENTLY UNEQUAL The court ordered plans for the elimination of segregation with all deliberate speed.

Mapp v. Ohio 4 th Amendment protects against unreasonable search and seizures.

Engel v. Vitale The Establishment Clause

If you cannot afford an attorney, one must be appointed.

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

Tinker v. Des Moines Student s right to freedom of expression (within reason).

Right to privacy which legalized abortion.

Gregg v. Georgia Death penalty is not a violation of the 8 th Amendment

Regents of the Univ. of Calif. v. Bakke Reverse discrimination Race cannot be sole factor in admissions.

New Jersey v. T.L.O School property is not private in loco parentis

Texas v. Johnson Upheld as symbolic speech

Obergefell v. Hodges Legalized same-sex marriage