CHAPTER 7“THE JUDICIAL BRANCH”

EQUAL JUSTICE UNDER LAWA. Laws for the Good of All

1. Laws create freedom.

2. Responsible citizens obey the law.

B. Four Kinds of Law

(All must follow the principles set forth

in the Constitution.)

1. Statutory Law - Laws passed by

lawmaking bodies.

2. Common Law - rules that have been

accepted by Americans as the proper

way to act.

a. Precedent - following an earlier

decision.

b. Most common laws are passed into

statutory laws.

3. Administrative Law - laws made up by

government agencies.

a. Ex. Consumer Product Safety

Commission ruling a toy to be unsafe.

4. Constitutional Law - law based on the

Constitution of the United States and on

Supreme Court decisions interpreting it.

C. Role of the Courts

1. A person is innocent until proven

guilty.

2. Criminal Cases - deal with violations of

the law.

3. Civil Case - deal with disputes between

individuals or businesses.

D. Right to a Fair Trial

1. Right to a lawyer

2. Right to be released to bail

a. Bail - sum of money pledged to the

court as a pledge to appear in court.

3. Indictment by a Grand Jury

a. Made up of 12-23 citizens.

b. Decides if there is enough evidence

to bring a case to trial.

4. Right to a Jury Trial (Petit Jury)

a. Usually made up of 6-12 people.

b. Jurors - People who serve on a jury.

c. Names are selected at random.

d. Jury Duty - time spend being a juror.

e. Verdict - decision in a case.

(Usually must be unanimous)

f. Hung Jury - when a verdict can not

be reached.

5. Innocent Until Proven Guilty

a. Burden of proof rests with those who

bring the charges against the accused.

b. Cross Examine - question a witness

c. testimony - evidence given by a

witness.

6. Right to Appeal

a. Appeal - ask for a review of a case.

b. Can only be done by the accused.

WHO SERVES IN OUR NATIONS COURTS

1. Article III of the Constitution states that

“The judicial power of the U.S. shall be

vested in one Supreme Court and

inferior courts . . .”

a. Judiciary - system of national courts.

b. Jurisdiction - Courts authority to hear

a case and administer the law.

2. Cases that can be brought to a federal

court:

a. Involving a question about the

Constitution, laws, or treaties of the

U.S.

b. Involving American ships at sea.

c. Any case in which the U.S.

government is directly involved.

d. Disagreements between citizens, or

governments of different states.

A. How Are Judges Appointed?1. They are appointed in the same way as

members of the executive branch.

a. President nominates judges. (With

advice from Senate.)

b. President usually nominates someone

from his own party when choosing

federal judges.

c. Senate must confirm appointments.

d. Senatorial Courtesy - Special attention a President pays to the opinions of senators in his or her own party when making appointments to lower federal courts in the state the senators represent.

2. Two reasons why federal judges are not elected: a. Protect judges from swings in public opinion. b. Common citizen does not have the legal knowledge.

3. There are no minimum age or other

requirements for judges.

B. How Can Judges be Removed? 1. Judges shall serve “during time of

good behavior”. (Life term)

2. May be impeached by the House.

3. Trial is held in the Senate.

C. How are Judges Paid1. Salaries are determined by Congress.

2. It may not be reduced while a person is in

office.

HOW ARE THE NATION’S COURTS ORGANIZED

A. The Three Levels of Federal Courts

1. District Courts - (Bottom level) at least

1 in every state.

2. Courts of Appeals - (Middle Level)

3. Supreme Court - (Highest Level)

a. Decisions can not be overturned

unless Constitution changes.

B. State Courts Are Not Part of the Federal System

1. State courts decide case under state law.

2. Make-up is similar to national law.

3. Parts of a case involving national law can

be appealed to a federal court.

4. Appeals of state laws can not be made to a

federal court.

C. SPECIAL FEDERAL COURTS1. Usually established when a particular

area of the law is especially technical

and involves specialized knowledge that

ordinary judges might not possess.

(ex. taxes on imports.)

2. Judges are appointed for fixed terms.

D. Who Decides How the Federal Courts Will Be Organized

1. Original Jurisdiction - Cases that a court

is to hear first.

2. Appellate Jurisdiction - Cases that a court

hears only on appeal.

3. Congress decides how many courts there

will be and how many members the

Supreme Court should have.

The Work of the Nation’s CourtsA. Trying Cases

1. Federal cases first heard are usually

heard in a federal district court.

2. As of 2010 there were 94 district

courts.

B. Handling Appeals

1. Trial Court - Court that hears a case

for the first time.

2. Appeals are heard in the appellate

court.

3. Only the accused may appeal a

decision.

4. Sometimes federal courts of appeals

are called circuit courts.

a. As of 2010 there are 12 federal

courts of appeals.

5. Supreme Court can also be a court of

appeals.

C. Deciding What the Law Means

1. Judicial Interpretation - deciding what

the law means.

D. Exercising Judicial Review

1. No act or law that violates the

Constitution is allowed.

2. Judicial Review was established in

Marbury v. Madison.

IN YOUR SMALL GROUPS DISCUSS WHAT MIGHT HAPPEN IF THEIR WAS NO JUDICIAL REVIEW. (5 MIN)

3. What would happen if there was no

judicial review:

a. Congress and state legislatures

would act as the final judge on

whether or not their laws were

Constitutional.

b. There would be no way to settle

conflicts between state and

national government.

U.S. Supreme Court

U.S. Court of Military appeals

U.S. Court of Appeals

U.S. Court of Appeals for the Fed. Cir.

Military Courts

U.S. Tax Courts

U.S. Claims Court

District Courts U.S. Court of Inter. Trade

Territorial Courts

U.S. Patent Office

THE SUPREME COURT

A. Supreme Court Justices

1. Size is determined by Congress

2. Current number is 9. (1869)

3. Appointed by President

4. Salary: Chief Justice = $175,400

Associate Justice = $167,900

5. First woman was Sandra Day O’Connor.

(1981/Reagan)

B. Influence of John Marshall

1. Established 3 basic principles of U.S.

Law:

a. Judicial Review

b. State laws can be set aside if they

conflict with national ones.

(National Supremacy)

c. Supreme Court can reverse state

court decisions.

C. Hearing Cases

1. Thousands of cases are appealed to

the court each year but they hear only

100-200.

a. Docket – Court’s calendar of

cases.

2. Cases heard are those that hold

significant public interest.

3. 4 of the 9 justices must vote to hear a

case.

a. Remand – return a case to a lower

court for a new trial.

D. Court in Action

1. Session begins each year on the first

Monday in October. (Usually

adjourns in June.)

2. Much of the time is spent hearing

cases, reading written arguments and

holding private meetings.

a. Brief – written statement

explaining the main points of one

side’s arguments about the case.

b. Oral arguments are made. (Each

side has 30 minutes.)

c. On Fridays justices meet to discuss

and vote on the case. (Majority vote

is decision. In case of tie lower

court decision remains in tact.)

E. Supreme Court Opinions

1. Opinion – Reasoning that led to the

courts decision.

2. Concurring Opinion – when a justice

agrees with a decision but for

different reasons.

3. Dissenting Opinion – Justices who

disagree with the decision of the Court.

F. Checking the Court’s Power

1. Congress can make new laws.

2. Amendments to the Constitution

(Income Tax)

G. Changing Court Opinions

1. Plessy v. Ferguson – “Separate but

Equal” was ruled by the Supreme

Court. (Segregation was legal)

2. Brown v. Topeka Board of Education

a. Schools were not equal.

H. Strengthening Constitutional Rights

1. Rights of Accused

a. Miranda v. Arizona (1966)

2. “One person one vote”

a. Legislative districts must be close to

equal in population.

3. Civil Rights and Liberties

a. Brown decision

I. THE COURT’S PRESTIGE

1. Does the Supreme Court have too

much power?

POSSIBLE ASSIGNMENTS:

1. SECTION CHECKUP PG. 443, 446, 450

2. COMPREHENSION PG. 451

3. CRITICAL THINKING PG. 451

4. SOCIAL STUDIES SKILLS PG. 452

1-5

5. BEYOND THE BOOK PG. 453 #1

6. AMERICAN GOV. PG. 77, 79