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The Judicial The Judicial Branch Branch A Review A Review

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Page 1: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

The Judicial BranchThe Judicial Branch

A ReviewA Review

Page 2: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Terms to knowTerms to know

JurisdictionJurisdiction Exclusive jurisdictionExclusive jurisdiction Concurrent jurisdictionConcurrent jurisdiction PlaintiffPlaintiff DefendantDefendant Original jurisdictionOriginal jurisdiction Appellate jurisdictionAppellate jurisdiction

Page 3: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Questions You Should be able to Questions You Should be able to answeranswer

1) Why was the Judicial Branch 1) Why was the Judicial Branch created?created?

2) What is the dual court system?2) What is the dual court system? 3) What are the two kinds of federal 3) What are the two kinds of federal

courts?courts? 4) What is the authority of a court to 4) What is the authority of a court to

hear and decide a case?hear and decide a case? 5) How is it decided whether to hear a 5) How is it decided whether to hear a

case in a federal court?case in a federal court?

Page 4: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Questions you should be able Questions you should be able answer, continued…answer, continued…

6) What are the two areas of 6) What are the two areas of jurisdiction?jurisdiction?

7) What is original jurisdiction?7) What is original jurisdiction? 8) What is appellate jurisdiction?8) What is appellate jurisdiction? 9) What is the difference between a 9) What is the difference between a

plaintiff and a defendant?plaintiff and a defendant? 10) What are the inferior courts?10) What are the inferior courts? 11) What are district courts?11) What are district courts? 12) What are the Courts of Appeal? 12) What are the Courts of Appeal?

Page 5: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Questions, cont.Questions, cont.

13) What is the Supreme Court?13) What is the Supreme Court? 14) Who appoints federal judges?14) Who appoints federal judges? 15) What is the case that decided 15) What is the case that decided

judicial review?judicial review? 16) What is judicial review?16) What is judicial review? 17) What are the principles of judicial 17) What are the principles of judicial

review?review?

Page 6: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Why was the judicial Branch Why was the judicial Branch created?created?

There was no way to try cases under There was no way to try cases under the Articles of Confederationthe Articles of Confederation

The Judicial Branch serves to The Judicial Branch serves to interpret the laws of our nation interpret the laws of our nation

Page 7: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is a What is a dual court systemdual court system??

Federal CourtsFederal Courts

Constitutional Constitutional CourtsCourts

Special CourtsSpecial Courts Supreme CourtSupreme Court

State CourtsState Courts

Page 8: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What are the two kinds of federal What are the two kinds of federal courts?courts?

Constitutional Constitutional CourtsCourts

(Regular Courts)(Regular Courts)

These are courts that These are courts that hear most of the hear most of the cases arising under cases arising under the lawthe law

Special CourtsSpecial Courts These courts hear These courts hear

cases that arise out cases that arise out of the legislative of the legislative expressed powersexpressed powers

Examples: Tax Examples: Tax Courts, Court of Courts, Court of Veteran AppealsVeteran Appeals

Page 9: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is the authority of a court to What is the authority of a court to hear and decide a case?hear and decide a case?

JurisdictionJurisdiction

Page 10: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

When is a case heard in a federal When is a case heard in a federal court? court?

Subject Subject MatterMatter

Questions about Questions about the Constitutionthe Constitution

Maritime issuesMaritime issues

PartiesParties Anytime the case Anytime the case

involves:involves: The United States The United States

governmentgovernment Representatives of a Representatives of a

foreign governmentforeign government State disagreementsState disagreements

Page 11: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Types of JurisdictionTypes of Jurisdiction

ExclusiveExclusive

Cases heard only in Cases heard only in federal courts federal courts

Example: federal Example: federal crimes, ambassadors, crimes, ambassadors, patent violations patent violations

ConcurrenConcurrentt

Cases heard both in Cases heard both in federal and state courts federal and state courts

Example: a cases Example: a cases involving citizens of involving citizens of different states different states

Page 12: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is What is original jurisdictionoriginal jurisdiction??

The court where a case is first heardThe court where a case is first heard

Page 13: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is What is appellate jurisdictionappellate jurisdiction??

A court that hears an appeal from a A court that hears an appeal from a lower courtlower court

Page 14: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is the difference between a What is the difference between a

PlaintiffPlaintiff DefendantDefendant

Page 15: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What are the inferior courts?What are the inferior courts?

The lower courtsThe lower courts

Examples:Examples: The district courtsThe district courts The Court of AppealsThe Court of Appeals

Page 16: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What are district courts?What are district courts?

Federal trial courtsFederal trial courts There is at least one district court in There is at least one district court in

each state…more than one district each state…more than one district court when there is a large court when there is a large populationpopulation

There are 91 district courtsThere are 91 district courts

Page 17: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Who appoints district court judges?Who appoints district court judges?

The President appoints judges The President appoints judges There are 632 district court judgesThere are 632 district court judges They are appointed for lifeThey are appointed for life

Page 18: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is the Court of Appeals?What is the Court of Appeals?

They are the “gate-keepers” to the They are the “gate-keepers” to the Supreme CourtSupreme Court

Most appeals cases are heard in Most appeals cases are heard in these courtsthese courts

There are 12 Appeals Courts There are 12 Appeals Courts

Page 19: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Who appoints Court of Appeal Who appoints Court of Appeal Judges?Judges?

The president appoints these judgesThe president appoints these judges There are 36 circuit (court of There are 36 circuit (court of

appeal)judgesappeal)judges They serve for lifeThey serve for life

Page 20: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is the Supreme Court?What is the Supreme Court?

This is the Court of Last ResortThis is the Court of Last Resort All decisions of the Supreme Court All decisions of the Supreme Court

are finalare final Only a Supreme Court decision can Only a Supreme Court decision can

overturn another Supreme Court overturn another Supreme Court decisiondecision

Page 21: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Who appoints Supreme Court Who appoints Supreme Court Justices? Justices?

The President of the United StatesThe President of the United States There are 9 members of the Supreme There are 9 members of the Supreme

CourtCourt THE PRESIDENT APPOINTS ALL THE PRESIDENT APPOINTS ALL

FEDERAL JUDGES…THE SENATE FEDERAL JUDGES…THE SENATE CONFIRMS ALL THOSE CONFIRMS ALL THOSE APPOINTMENTS APPOINTMENTS

Page 22: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What is judicial review?What is judicial review?

The Federal Court can review the The Federal Court can review the actions of the legislative and actions of the legislative and executive branchesexecutive branches

What case decided on Judicial What case decided on Judicial Review?Review?

Marbury v. MadisionMarbury v. Madision

Page 23: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

What are the three main principles What are the three main principles of Judicial Review? of Judicial Review?

1) The Constitution is the Supreme 1) The Constitution is the Supreme Law of our landLaw of our land

2)All actions of the government are 2)All actions of the government are subordinate to the Constitutionsubordinate to the Constitution

3)The Judicial branch is sworn to 3)The Judicial branch is sworn to uphold the Supreme Law of our uphold the Supreme Law of our land…therefore it can refuse the land…therefore it can refuse the actions of any branch of government actions of any branch of government if it conflicts with the Constitutionif it conflicts with the Constitution

Page 24: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Questions You Should be able to Questions You Should be able to answeranswer

1) Why was the Judicial Branch 1) Why was the Judicial Branch created?created?

2) What is the dual court system?2) What is the dual court system? 3) What are the two kinds of federal 3) What are the two kinds of federal

courts?courts? 4) What is the authority of a court to 4) What is the authority of a court to

hear and decide a case?hear and decide a case? 5) How is it decided whether to hear a 5) How is it decided whether to hear a

case in a federal court?case in a federal court?

Page 25: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Questions you should be able Questions you should be able answer, continued…answer, continued…

6) What are the two areas of 6) What are the two areas of jurisdiction?jurisdiction?

7) What is original jurisdiction?7) What is original jurisdiction? 8) What is appellate jurisdiction?8) What is appellate jurisdiction? 9) What is the difference between a 9) What is the difference between a

plaintiff and a defendant?plaintiff and a defendant? 10) What are the inferior courts?10) What are the inferior courts? 11) What are district courts?11) What are district courts? 12) What are the Courts of Appeal? 12) What are the Courts of Appeal?

Page 26: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Questions, cont.Questions, cont.

13) What is the Supreme Court?13) What is the Supreme Court? 14) Who appoints federal judges?14) Who appoints federal judges? 15) What is the case that decided 15) What is the case that decided

judicial review?judicial review? 16) What is judicial review?16) What is judicial review? 17) What are the principles of judicial 17) What are the principles of judicial

review?review?

Page 27: The Judicial Branch A Review. Terms to know Jurisdiction Jurisdiction Exclusive jurisdiction Exclusive jurisdiction Concurrent jurisdiction Concurrent

Terms to knowTerms to know

JurisdictionJurisdiction Exclusive jurisdictionExclusive jurisdiction Concurrent jurisdictionConcurrent jurisdiction PlaintiffPlaintiff DefendantDefendant Original jurisdictionOriginal jurisdiction Appellate jurisdictionAppellate jurisdiction