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Judicial Branch

Judicial Branch. Chapter 10. Journal Entry. What qualities do you think should be required to serve as a judge? Consider education, experience, and personal qualities Warm Up Section. What Courts Do. Solve legal conflicts in criminal & civil cases Civil Cases

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Judicial Branch

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  1. Judicial Branch Chapter 10

  2. Journal Entry • What qualities do you think should be required to serve as a judge? Consider education, experience, and personal qualities • Warm Up Section

  3. What Courts Do • Solve legal conflicts in criminal & civil cases • Civil Cases • Plaintiff brings complaint case to court • Defendant: other party against whom a case is made • Criminal Cases • Prosecution: brings case to court (“The People”) • Precedent: court decision that may be used to decide future cases

  4. State & Federal Courts • Most cases begin in lower, state court • 3 levels w/in state courts • Trial court • Appeals court • Court of final appeals • Original Jurisdiction: first court case is heard, typically in trial court • Appeal:is made when plaintiff or defendant feels case verdict is unfair

  5. State & Federal Courts (cont) • Appellate Jurisdiction: When appeals court hears case & reviews legal issues from 1st case • Can agree, disagree, overturn, or order another trial • Constitution prevents double jeopardy • Federal Supreme Court hears cases appealed from state courts. They interpret the Constitution, makes sure rights are protected

  6. Organization of the Federal Courts& The Supreme Court

  7. Use page 277 Analyze political cartoon featured on page Write and answer questions: 1. Describe what is happening in the scene 2. What is the job of the man in blue? 3. What point is the artist making? Warm-Up

  8. District Courts • Only trial court • Plaintiff: • US Government • Defendant: • Accused • 1 Judge • Jury Has original jurisdiction • District Court= most of judicial work first to hear case • Est. 1789

  9. US Court of Appeals If unhappy with ruling from District Court…. • The next highest level of the federal court system 12 appellate courts • Court of Appeals = Circuit Court • No jury, no witnesses, doesn't look at evidence • Lawyers present to 3 judges & they decide • Appellate jurisdiction

  10. Supreme Court • Highest court in federal system • Final appeals court for state and federal • Has original jurisdiction in cases involving foreign gov’t or between states • Several courts at federal level: Court of Claims, Customs, Patent Appeals, Tax Court,

  11. Type of Federal Court Cases • Constitutional Questions • Crime committed on federal property • Violation of federal laws • Disputes between states • Disputes involving foreign governments Hey, this is important!

  12. http://www.voanews.com/media/video/1524364.html Federal Court Judges • Nonpartisan • chosen by President • approved by Senate • serve life terms • only removed through impeachment/retirement/death • 9 Supreme Court justices currently (8 + chief) http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States

  13. Work of Supreme Court • Chooses which cases to hear, usually Constitutional issues • Each side presents arguments, gives written briefs to judges, & discuss case • Chief Justice summarizes case & each justice comments and offers opinion • Justices vote and majority decides verdict of case

  14. Judicial Review • The power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional • Judicial Review: most important power; allows court to say whether a law is allowed by Constitution • Important check of other 2 branches of govt • Supreme Court=final say in Constitutional cases; sets lasting precedent

  15. Marbury vs. Madison 1803 • Marbury vs. Madison: Marbury sues Sec. of State over gov’t job, went straight to Supreme Court, Judiciary Act of 1789=unconstitutional • Est. Judicial Review • Est. Supreme Court as interpreter of Constitution • 1st time Supreme Court said act of Congress was unconstitutional

  16. Brown vs. Board of Ed 1954 • Supreme Court declared a state law unconstitutional • Racial segregation in public schools violated the Constitution • Violated the 14th amendment: “All citizens have equal protection under the law”

  17. Bush vs. Gore 2000 • Supreme Court decided outcome of presidential election • Manual recount of presidential votes in Florida would stop • Recount was unconstitutional: it could not be completed by the deadline

  18. Criminal Cases & Procedures

  19. Principles of Judicial Branch • Due process rights • 5th amendment • Protection against unfair govt • Trial by Jury • 6th amendment • Right to speedy, public trial by jury • Rights of Accused • 5th, 6th amendments • Be informed of charges, cross examine witnesses • Right to attorney • Equal protection under law • 14th amendment • All men are equal under law

  20. Criminal Cases & Procedures

  21. Criminal Cases • Court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or a felony, a more serious crime punishable by more than a year in prison

  22. Procedures in criminal case

  23. Arrest • Police can place someone under arrest if: • There is probable cause- reason to believe someone is guilty of a crime. • The police officer witnesses a crime. • An arrest warrant is issued. • Miranda rights must be read: right to remain silent, to have an attorney

  24. Jail or Bail • The accused may be committed to jail or released on bail. • Bail- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial

  25. Arraignment • First Meeting in front of a judge • Bail is set • Attorney is appointed by the court if requested • Preliminary Trial date is set

  26. Preliminary Hearing • Guilty or not guilty plea is entered • Judge reviews probable cause (is there enough evidence to proceed to trial?) • Trial date is set

  27. Trial (district court) • Prosecution- Government Attorney • Defense- Accused and Attorney • Jury is chosen • Opening Statements • Witness Testimony and Cross-Examination • Closing Arguments • Jury Deliberation- must find the accused guilty beyond a reasonable doubt. • Verdict

  28. Sentencing • If a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.

  29. Appeal • The convicted may appeal the case to a higher court if his/hers rights were violated or if there was an error in the court procedures.

  30. Civil Cases

  31. Civil Cases • The court settles a disagreement between two parties; often over money or harm to someone’s reputation

  32. Plaintiff • Person who feels that they have been wronged • Initiates (begins) law suit • Files complaint to recover damages or receive money • Describes plaintiff’s injury, asks court to order relief

  33. Defendant • Served copy of complaint • Defends themselves against complaint • Has to be proven guilty by a preponderance (majority) of the evidence

  34. Settlement Jury • Judge explains law that is relevant in case • Determine if defendant is responsible for damages or compensation Judge • Bench trial • Determines if defendant is responsible • Determines amount of damages or compensation

  35. Decision • Court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to the Supreme Court

  36. Juvenile Crime • Juvenile = under 18 • Juvenile Delinquent: Juvenile who commits an act that would be a crime if they were an adult

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