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