The Judicial Branch

Key Vocabulary

• Jurisdiction – authority to hear certain cases• Original jurisdiction – court in which a case is originally

tried• Appellate jurisdiction – court in which the outcome of a case

is reviewed• Litigants – people engaged in a lawsuit• Due process clause – no state may deprive any person

of life, liberty, or property without due process of law• Grand jury – 16 to 23 people determine quality and

quantity of evidence to bring charges• Indictment – formal accusation by a Grand jury

Key Vocabulary

• Petit jury – 6 or 12 people determine innocence or guilt based on evidence presented

• Opinion – written explanation of a court’s decision• Majority opinion – reasons for a decision

• Dissenting opinion – minority reasons for disagreeing with a decision

• Precedent – earlier decision on prior or similar cases• Brief – facts and legal arguments to support one side of

a case

Structure of the U.S. Judicial System

• US Supreme Court • (Sources of cases)

1. US Court of Military Appeals

2. (12) US Courts of Appeals

3. US Court of Appeals for the Federal Circuit

4. Appeals from the Highest State Courts

Structure of the U.S. Judicial System

• US Court of Military Appeals• Sources of cases

• Military Courts

• (12) US Courts of Appeal• Sources of cases

• US Tax Court

• Territorial Courts

• (94) District Courts

• D.C. Courts

Structure of the U.S. Judicial System

• US Court of Appeals for the Federal Circuit• Sources of cases

• US Court of International Trade

• US Claims Court

• US Court of Veteran Appeals

• Appeals from Highest State Courts• Sources of cases

• State Supreme Courts

Supreme Court Decision Making

• How do cases reach the Court?• Writ of certiorari – order from the Court to a lower for

records of a case to review • Most common method• Petition based on a legal error made in an earlier trial or

question of constitutionality

• Appeal – issue where a state or federal court has ruled a law unconstitutional

• The Supreme Court hears (decides) on approximately 1% of all cases that are suggested or referred• 150-200 decisions per session (8 month period)

Roe v. Wade• Jane Roe was an unmarried and pregnant Texas

resident in 1970. Texas law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” 

• Path to the Supreme Court1. Jane Roe sues Wade (District Attorney for Dallas

county)2. Federal District Court hears case and rules Texas law

unconstitutional 3. Texas appeals to U.S. Supreme Court4. U.S. Supreme Court rules 7-2 in favor of Roe

Roe v. Wade Opinion

• Supreme Court OpinionA. During first trimester of pregnancy a woman could

have an abortion on demand without interference from the state

B. During the second trimester the state could regulate abortions for safety but could not prohibit them entirely

C. During the third trimester the state could regulate or forbid all abortions except to save the life of the mother

Issues Continue….No case in recent constitutional history has stirred deeper emotions than Roe v.

Wade. • Some states have waiting periods (24 hours)

• Some states have notification rules (parental consent, father of the baby, etc.)

• Some states limit licensing of facilities that perform abortions and/or provide abortion counseling

• Protesters vs. Supporters continually clash over 1st Amendment rights