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UNIT V

UNIT V. THE JUDICIAL BRANCH AND LEGAL SYSTEM. I. Laws. Types Statutory Law Common Law/Precedent Administrative Law Constitutional Law The Need For Laws Prevent Anarchy Protects Freedoms Protects Safety, Property Represents Majority’s view of right & wrong.

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UNIT V

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  1. UNIT V THE JUDICIAL BRANCH AND LEGAL SYSTEM

  2. I. Laws • Types • Statutory Law • Common Law/Precedent • Administrative Law • Constitutional Law • The Need For Laws • Prevent Anarchy • Protects Freedoms • Protects Safety, Property • Represents Majority’s view of right & wrong

  3. II. Function of Judicial Branch • Interpret laws • Settle Disputes • people vs. people • people vs. gov’t • people vs. business • business vs. gov’t • To Insure Equality under the Law • Punish Lawbreakers http://www.law.cornell.edu/wex/index.php/Equal_protection

  4. III. Structure of Judicial Branch • Federal Courts Jurisdiction and Cases • Jurisdiction/Types of Cases • Disobeying the Constitution • Violating a Treaty of the U.S. • Breaking a law of Congress • Foreign Nation sues the U.S. Gov’t/citizen • U.S. Diplomats breaking foreign laws • Crimes committed on U.S. ships at sea • Crimes committed on Federal Property • Disagreement Between States http://home.hiwaay.net/~becraft/FEDJurisdiction.html

  5. Original Jurisdiction/Case Types • U.S. District Court • U.S. Claims Court • U.S. Custom Court • Territorial Court • Tax Court • U.S. Court of International Trade Appellate Jurisdiction/Case Types • U.S. Supreme Court • U.S. Court of Appeals • Court of Military Appeals • Circuit Court of Appeals

  6. State Courts Jurisdiction & Cases • Original Jurisdiction/Local/Case Types • District Court/Trial • Superior Court/Trial • Traffic, Family, Small Claims, Juvenile • Appellate Jurisdiction/Case Types • State Supreme Court • State Appeals Court http://www.nccourts.org/

  7. IV. Key Gov’t Officials • Supreme Court Justices • 8 Associate Justices & 1 Chief Justice • Appointed by President • Approved by Senate • Serve for Life • Can be Impeached for Wrongdoing

  8. Qualifications • Lawyers • Judge on lower court • Share political belief of President • Federal Judges • Appointed by President • Approved by Senate • Appointed for life • Can be impeached for wrongdoing http://www.fjc.gov/history/home.nsf http://www.uscourts.gov/faq.html

  9. District Court • District Court Judge • U.S. Marshal • U.S. Magistrate • U.S. Attorney

  10. V. U.S. Supreme Court Cases • Marbury v. Madison/Judicial Review • Gibbons v. Ogden • Plessy v. Ferguson • Brown v. Board of Education of Topeka • Miranda v. Arizona • Tinker v. Des Moines • Leandro Case 1997 http://www.supremecourtus.gov/

  11. Roe v. Wade • Bakke v. California • Wallace v. Jaffree • Baker v. Carr • Mapp v. Ohio • New Jersey v. T.L.O. • Hazelwood v. Kuhlmeir • McCulloch v. Maryland • Gideon v. Wainwright

  12. VI. Responsibility & Jurisdiction of Law Enforcement • Jurisdiction • Federal – FBI, ATF, DEA, U.S.Marshals • State – SBI, State Troopers , Fish and Wildlife • Local – Sheriff, City Police • Responsibilities • Prevent Crime • Protect Life & Property • Arrest Violators of Law

  13. Protect Rights of Suspects & Witnesses • Maintain Peace & Order • Traffic Control • Criminal Justice System • Police, courts, prison

  14. Legal Process • Arrest • Booking • Preliminary Hearing • Indictment • Arraignment • Trial • Sentencing • Plea Bargaining http://www.northharriscollege.com/Templates/Content.aspx?pid=22660

  15. VII Crimes 1. Crimes against persons • A. Murder • B. manslaughter • C. Aggravated Assault 2. Crimes against Property • A. Burglary • B. Larceny • C. Robbery • D. Vandalism • E. Arson • F. Victimless crimes. Drugs, gambling 3. White Collar Crimes • A. Embezzlement • B. Fraud

  16. VIII. Punishment • Prison max, med, min, parole, probation • Fines, Restitution, Capital Punishment • House Arrest, Community Service

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