analyze this lady justice statue for symbolic things. what do you see? design your own statue that...
TRANSCRIPT
Analyze this Lady Justice statue for symbolic things.
What do you see? Design your own
statue that you think represents justice.
Bell Ringer
Bell Ringer
Unit 5Mrs. Dobak
The Judicial Branch
Court Systems &
Jurisdictions
Judicial function in the United States is exercised in a dual court system.
U.S. CourtsHandle (have jurisdiction over) cases involving federal law and the Constitution.
U.S. Courts
Also have jurisdiction over Bankruptcy, crimes on fed, property, disputes between states, and people of different states, disputes involving foreign Gov. and diplomats and maritime law
State CourtsHandle (have jurisdiction over) cases involving state matters.
State CourtsHandle cases both civil and criminal involving people of the same state.
Cases involving state law
Jurisdiction:
The right of a court to hear a case and make
a decision
OriginalJurisdiction
Authority of a court to hear a
case before any other court
Appellate Jurisdiction
Authority of a court to review the decisions of the lower court.
Powers of the Judicial Branch
Conduct
Trials
Interpret the Law
HearAppeals
Judicial Review
The power to determine the constitutionality of laws and executive acts.
Role of the Judicial Branch in the System of Checks
and Balances
Judicial ChecksJudicial Powers
over the Legislative Branch
The Judicial Branch can declare Congressional laws unconstitutional.
Judicial Powers over the
Executive Branch
The Judicial Branch can declare executive acts unconstitutional.
Checks on the Judicial Branch
Legislative Powers
over the Judicial Branch
Congress approves and can impeach
federal judges
Executive Powers
over the Judicial Branch
The President appoints
federal judges.
The Federal Court System
The federal courts try cases involving federal laws and the Constitution.
The Federal Court System
U.S. Supreme Court
U.S. Court of Appeals
U.S. District CourtsSTATE COURTS
The Constitution and Laws define the
jurisdictions, powers and structure of the
federal courts.
Types of Cases heard by Federal Courts:
-Constitutional Questions-Cases arises from a law passed by
Congress (federal law)-Crime committed on federal
propertyBankruptcyDisputes between citizens of
different statesDisputes involving foreign
government
U.S. District CourtsOnly Trial CourtPlaintiff: U.S. GovernmentDefendant: Accused1 JudgeJuryOriginal Jurisdiction
U.S. Court of AppealsIf unhappy with
ruling in District Court, the accused needs a legal reason to appeal to this court.
3 Justices (judges) No juryAppellate
Jurisdiction
U.S. Supreme CourtFinal court of appeals if unhappy with
ruling in District Court of Appeals9 JusticesNo JuryAppellate jurisdictionLimited Original Jurisdiction
Judicial Review
Judicial Review
The power of the Supreme Court to determine if laws made by
Congress and executive acts of the President are Constitutional.
Marburyv.
Madison1803
*Established the principle of judicial review.
*Established the Supreme Court as the interpreter of the Constitution.
*1st time that the Supreme Court said an act of Congress was unconstitutional.
Brownv.
Board of
Education
1954
*The Supreme Court declared a state law unconstitutional.
*Racial segregation in public schools violated the Constitution
*Violated the 14th Amendment: All citizens have equal protection under the law
Bushv.
Gore2000
*The Supreme Court decided the outcome of the presidential election.
*Manual recount of presidential votes in Florida would stop
*Recount was unconstitutional: it could not be completed by the deadline.
The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive
branches to insure that they do not violate the supreme
law of the land.
Principles of the Judicial Branch
Principle Where is it Found?
What does it mean?
Due Process Rights
5th Amendment prohibits the national government from acting in an unfair manner.14th Amendment prohibits the states and local governments from acting in an unfair manner.
The Constitutional protection against unfair government action and laws.
Principle Where is it Found?
What does it mean?
Trial by Jury
6th Amendme
nt
Right to a speedy and public trial, by an impartial jury
Principle Where is it Found?
What does it mean?
Rights of the Accuse
d
6th Amendmen
t
•to be informed of the charges•to cross examine witnesses•to have witness on their behalf•assistance of counsel
Principle Where is it Found?
What does it mean?
Equal Protect
ion under
the law
14th Amendme
nt
States can not deny
any person equal
protection. Further defined that all men are created equal
The judicial branch interprets the law in
order to protect individuals from the
power of the government.
Criminal Cases and Procedures
Criminal CasesThe court determines whether a person
accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or felony, a more serious crime punishable by more than a year in prison.
Procedures for a criminal case
Arrest
Arraignment
Preliminary Hearing
Trial
Sentencing
ArrestPolice can place someone
under arrest if:There is probable cause-
reason to believe someone is guilty of a crime.
The police officer witnesses a crime.
An arrest warrant is issued.Miranda rights must be read:
right to remain silent, to have an attorney
Arraignment Meeting in front of the judgeCharges are read.Attorney is appointed by the
court if requestedJudge sets bailPreliminary hearing date is
set
Preliminary Hearing
Guilty or not guilty plea is entered
Judge reviews probable cause (is there enough evidence to proceed to trial?)
Trial date is set
Trial (District Court)
Prosecution- Government AttorneyDefense- Accused and AttorneyJury is chosen Opening Statements Witness Testimony and Cross-
Examination Closing Arguments Jury Instruction Jury Deliberation- must find the
accused guilty beyond a reasonable doubt.
Verdict Defendant may appeal a guilty
verdict.
SentencingIf a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.
Civil Cases
Civil Cases
The court settles a disagreement between two parties; often over money or harm to someone’s reputation.
Plaintiff Person who feels that they have been wronged
Initiates (begins) lawsuitFiles complain to recover damages or to receive money
Describes plaintiff’s injury, asks court to order relief
Defendant
Served a copy of the complaintDefends themselves against the complaint
Has to be proven guilty by a preponderance (majority) of the evidence
Disagreement Settled by: Jury
Judge explains law that is relevant in the case
Determine if defendant is responsible damages or compensation
Judge
Bench TrialDetermines if
defendant is responsible
Determines amount of damages or compensation
The court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to
the Supreme Court.
Juvenile Crime
Juvenile Anyone under the age of 18
Juvenile Delinque
nt
Juvenile who commits an act that would be a crime if they were an adult.
Procedures for
Juvenile Cases
No juvenile is tried in the federal court system; state systems only
Juveniles who commit
serious crimes can be tried as
adults
No jury trials for juveniles; judges have
greater latitude in handling
cases
Goal of the juvenile justice
system is to rehabilitate
not to punish