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Judicial Branch

Judicial Branch. “ It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other; the courts must decide on the operation of each” . “ Interpreting” the law.

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Judicial Branch

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  1. Judicial Branch “It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other; the courts must decide on the operation of each” “Interpreting” the law

  2. Does the structure of the federal court system allow it to administer justice fairly? Essential Question

  3. Types of Federal Courts Inferior Courts = lower federal courts beneath the Supreme Court

  4. Jurisdiction • The authority of a court to hear (to try and decide) a case • Federal courts hear cases for two reasons: • Subject Matter • Application of the U.S. Constitution • Parties Involved • State v. State • Citizen v. State

  5. Federal Court Circuits and Districts

  6. ‘Dual Court System’Supreme Court State Courts Inferior (lower) Federal Courts

  7. Supreme Court Justices

  8. Appointed for a life term…rationale? Maintain their neutrality Protect the rights of people to express unpopular views Promote consistent interpretations of laws

  9. Supreme Court Justices • Supreme Court Justices can retire: • At age 70 • Must have served 10 years to receive full salary for life • At age 65 • Must have served 15 years to receive full salary for life

  10. Supreme Court Justices Vary in their political and legal philosophies...

  11. RecapHow a Judge Decides… FACTS OF THE CASE PRECEDENT RELEVANT CONSTITUTION TEXT OF THE Philosophy JUDICIAL

  12. Supreme Court Original jurisdiction exists when: There are controversies involved 2+ states The case involves ambassadors or other public ministers • Both original and appellate jurisdiction • Most cases come on appeal from the lower courts. • Marbury v. Madison • Supreme court case that established power of judicial review

  13. Judicial Review • They have the POWER to declare acts and laws unconstitutional • Supreme Court has the power to decide the constitutionality of: • State and federal legislation • Actions of chief executives • Decisions of other courts • In other words, the Supreme Court has the final authority on the meaning of the Constitution

  14. How a Case Reaches the Supreme Court *Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.

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