The Judicial Branch Chapter 7. Essential Questions In what ways is the United States a nation of...

The Judicial BranchChapter 7

Essential Questions In what ways is the United States a

nation of laws? What are the five sources of law in the

United States? What roles do the courts play in the

United States?

A Nation of Laws Criminal law: refers to the group of

laws that define what acts are crimes; describes how a person accused of a crime should be tried in court and how the crimes will be punished.

Crime: any behavior that is illegal because it is considered harmful to society.

Civil law: group of laws that refer to disputes between people.

Sources of Law Statutory law – laws passed by

lawmaking bodies (statutes). Represent what the majority of citizens

believe to be right or wrong.

Common law – decisions based on customs, traditions, and cases that have been decided before.

Administrative law- Laws that affect our daily lives that are created by government agencies. Ex. Health, safety, education, and banking

Military law – Governs behavior of men and women in all branches of the U.S. armed forces. Uniform Code of Military Justice

Constitutional law – Constitution and Supreme Court decisions interpreting the Constitution. Law of the land

Roles of the Courts Settle disputes

Person v. person People v. government

Appeal – process by which a person asks a higher court to review the result of the trial.

Section 2 Essential Questions• What is the purpose of the U.S. district

courts?

• How are the U.S. courts of appeal different from the district ones?

• What is the role of the U.S. Supreme Court?

The Federal Court System Jurisdiction: the extent or scope of

authority that court has properly been brought before it. Original Appellate

Three Levels of Federal Courts U.S. Federal Districts

Lowest level of courts in U.S. district courts

District courts: trial courts; original jurisdiction.

Original jurisdiction: authority of a court to hear and decide a case for the first time.

Federal district courts are the “local” courts in the federal court system.

There are 94 federal district courts in the U.S.

U.S. District Judges Federal district judges are trial judges;

criminal or civil cases; jury or no jury.

All federal judges (except in U.S. territories) are appointed for life by the president and must be approved by the Senate.

U.S. Court of Appeals Court of appeals: losing party may

“appeal” judges ruling and take case to higher court.

Appellate jurisdiction: power to review decisions of lower courts. “appellate” means relating to appeals. Appeal courts do not use juries.

The U.S. Supreme Court Highest Court in the land

Mainly an appeals court

Justice: judge 9 justices; 3 female, 6 male

Section 3 Essential Questions What is the power of judicial review?

What are the constitutional checks on the Supreme Court’s powers?

How has the Supreme Court strengthened constitutional rights?

Judicial Review Courts’ power to decide whether a law

or presidential action is in agreement with the Constitution.

Marbury v. Madison

Choosing a case Over 8,000 cases are filed with the

Supreme Court yearly. 130-150 requests are decided. Cases must be important to the

Constitution or based on national questions.

Remand: to return a case to the lower courts for a new trial.

Hearing and Deciding Cases Cases are oral arguments Lawyers have 30 min. to present their

case Justices read written arguments and go

over previous court readings Voting is help in private Decisions reached by simply majority Opinion

Reasoning that led to the decision

Concurring opinion When a justice agrees with the decision of

the majority, but for different reasons.

Dissenting opinion Explains why the justice believes the

majority opinion is wrong. Has no effect on the law

Supreme Court Justices Size of Supreme Court determined by

Congress

Since 1869, there has been 9 justices 1 Chief Justice 8 Associate Justices Only removed by impeachment No special requirements

Checking the Court’s Power Supreme Court justices are chosen by

the president, but are approved by the Senate.

If the court deems a law unconstitutional, then Congress has a chance to rewrite the law until the Supreme Court will enforce it.

Strengthening Rights Supreme Court allows the Constitution

to meet the demands of the changing times.

Brown v. Board of Education Segregation is unconstitutional