Embed Size (px)
Citation preview
Reminders…Reminders…
Make up the Executive/Legislative Make up the Executive/Legislative Branch test!Branch test!
Government: Unit VIIGovernment: Unit VIIThe Judicial BranchThe Judicial Branch
The Constitution says…The Constitution says… Article IIIArticle III
Created Supreme CourtCreated Supreme Court Gave Congress power to create “inferior Gave Congress power to create “inferior
courts” (Article II)courts” (Article II)
State Courts already in place – dual State Courts already in place – dual systemsystem
Federal JudgesFederal Judges
Terms, compensationTerms, compensation Unlimited length w/ Unlimited length w/
“good behavior”“good behavior” Salary cannot be Salary cannot be
reduced while in officereduced while in office Supreme Court Supreme Court
($167,900; Chief ($167,900; Chief Justice $175, 400)Justice $175, 400)
Other Federal judges Other Federal judges ($125,700 – $145,000)($125,700 – $145,000)
Only out through Only out through death or death or impeachmentimpeachment
Jurisdiction – State or Federal?Jurisdiction – State or Federal? The right to interpret The right to interpret
and apply the law and apply the law (Federal)(Federal) AmbassadorsAmbassadors MaritimeMaritime BankruptcyBankruptcy Two or more state gov.Two or more state gov. Citizens of different Citizens of different
states (over $75,000)states (over $75,000) A state and citizen of a A state and citizen of a
foreign countryforeign country Citizens of the same Citizens of the same
state land disputesstate land disputes US laws and treaties or US laws and treaties or
interpretation of the interpretation of the constitutionconstitution
JurisdictionJurisdiction Concurrent Jurisdiction – authority to Concurrent Jurisdiction – authority to
hear the case is federal and statehear the case is federal and state Criminal can be tried for the same crime Criminal can be tried for the same crime
at both levelsat both levels
Types of LawTypes of Law Civil Law – law Civil Law – law
between between individuals and individuals and defines their rightsdefines their rights
Governed by Governed by Equity Law Equity Law PlaintiffPlaintiff DefendantDefendant
Criminal Law – Criminal Law – crimes against the crimes against the public order and public order and provides provides punishmentpunishment 2% heard in federal 2% heard in federal
court – the rest in court – the rest in local and state local and state courtcourt
ProsecutionProsecution DefendentDefendent
Constitutional Law – Constitutional Law – interpretation of the interpretation of the constitutionconstitution
Judicial ReviewJudicial Review The power to decide constitutionalityThe power to decide constitutionality
Decided by John MarshallDecided by John Marshall Marbury vs. MadisonMarbury vs. Madison
State Court SystemState Court System
StateSupreme
State Court of Appeals
State Circuit Courts
Local Municipal Courts
State Court System – all judges are State Court System – all judges are electedelected
Municipal – no jury; Municipal – no jury; only local only local ordinances; ordinances;
State Circuit Court – State Circuit Court – main trial court; main trial court; roughly one per roughly one per county (69); hear county (69); hear civil and criminal civil and criminal casescases
State Court SystemState Court System
State Court of State Court of Appeals – four in Appeals – four in Wisconsin; hear only Wisconsin; hear only appeals from circuit; appeals from circuit; three judges per three judges per courtcourt
State Supreme – State Supreme – seven justices; hear seven justices; hear constitutional issuesconstitutional issues
Federal Court SystemFederal Court System
US Supreme
US Court of Appeals
US District Court
Federal Court System – all judges Federal Court System – all judges appointed for lifeappointed for life
US District Court – violation of federal law US District Court – violation of federal law or civil suits between states – 2 in or civil suits between states – 2 in WisconsinWisconsin
US Court of Appeals – appeals from US US Court of Appeals – appeals from US District Ct – 14 of them in the nationDistrict Ct – 14 of them in the nation
US Supreme – appeals involving US Supreme – appeals involving constitutional issuesconstitutional issues
9 justices (since 1969)9 justices (since 1969) George W. Bush nominated 2 including Chief George W. Bush nominated 2 including Chief
Justice John RobertsJustice John Roberts
US Supreme CourtUS Supreme Court
Decide the cases they want to hear Decide the cases they want to hear ½ are incarcerated persons½ are incarcerated persons
Decide the case & written explanation of Decide the case & written explanation of decision (The Court’s Opinion)decision (The Court’s Opinion)
Chief JusticeChief Justice If he agrees with the majority decision he If he agrees with the majority decision he
writes the opinionwrites the opinion Supervises general administration of Supervises general administration of
federal court systemfederal court system
Checks on the Judicial BranchChecks on the Judicial Branch
Limited enforcementLimited enforcement CongressCongress
ConfirmsConfirms Can impeachCan impeach Alter organization of court systemAlter organization of court system Amend the constitutionAmend the constitution
The PresidentThe President Public OpinionPublic Opinion
Reflection of valuesReflection of values
