THE JUDICIAL SYSTEM

Chapter 18

The Judicial System

Two types of cases: Criminal Law: Government charges an

individual with violating one or more specific laws.

Civil Law: Disputes between two parties and the relationship between them. Lawsuits

The Judicial System

Dual Court System Federal courts – hear federal crimes

Supreme CourtInferior Courts – any federal court

below the Supreme Court State courts – hear all other crimes

Most cases are tried and resolved in state courts (97%), not federal courts (3%).

The Judicial System

Jurisdiction The authority of a court to try and

decide a case Determined by the case’s subject

Original jurisdiction Court in which a case is first heard

Appellate jurisdiction Court that hears a case on an appeal from a

lower court Can uphold, overrule, or modify the ruling

The Judicial System

Participants in Federal Court Plaintiff

The party bringing the charge Defendant

The party being charged Judge

Nominated by the President, confirmed by Senate

Jury The 12 people who decide the outcome of a

case Attorneys

Public Defenders – lawyers assigned to defend the poor

Supreme Court

Supreme Court 9 Justices: 1 Chief Justice, 8 Associate

Justices Serve “during good behavior” John Roberts – Current Chief Justice

Decide which cases it will hear Usually involving issues of freedom in

Constitution Few original, mostly appellate About 100 cases a year

Supreme Court

Two ways a case can reach the Supreme Court

Writ of Certiorari (“Cert”) Order by the Supreme Court for a lower

court to send the record of a given case for its review

“to be more certain” Certificate

Lower court is not clear how it should rule, so it asks the Supreme Court to decide

Supreme Court

Making decisions Oral arguments may be made for each side

30 min each Justices discuss the case & make a decision Majority opinion – written to announce the

Court’s decision and explain the reasoning Dissenting opinion – written by one who does

not agree with the majority Concurring opinion – written by a member of

the majority who wants to stress a point left out of the majority opinion

Decision is announced weeks/months later

Supreme Court

2 Ways to rule on a case: Uphold the Precedent

(Precedent: How similar cases were decided in the past)

Overturn the precedent Rule differently than previous decisions