Chapter 7 The Judicial Branch

1. Section 1:Equal Justice Under the Law Section 2:The Federal Court System Section 3:The Supreme Court Chapter 7The Judicial Branch

2. Section 1: Equal Justice Under the Law The Main Idea The rights of all U.S. citizens are protected by laws and the courts. Reading Focus • In what ways is the United States a nation of laws? • What are the four sources of law in the United States? • What roles do the courts play in the United States?

3. Section 1: Equal Justice Under the Law A Nation of Laws • Laws usually reflect the opinion of the majority. • Laws are passed for the good of all citizens. • Good citizenship involves abiding by the laws. • Without laws, anarchy could develop.

4. Section 1: Equal Justice under the law • Two Basic Categories of Laws: • Criminal law refers to the group of laws that define what acts are crimes. • Civil law is the group of laws that refer to disputes between people. • Crime – any behavior that is illegal because society considers the behavior harmful to society

5. Four types of U.S. laws: • Statutory law—passed by lawmaking bodies • Common law—judges’ decisions based on common sense, experience, and practice • Administrative law—created by government agencies • Constitutional law—based on the Constitution and its interpretation by the Court

6. Section 1: Equal Justice Under the Law Role of the Courts in the United States • Use law to settle disputes • Assure equal justice for all through fair trials

7. The Roles that Courts Play provide fair public trials ensure equal justice for all SECTION 1 Question: What roles do the courts play in the United States?

8. Section 2: The Federal Court System The Main Idea The federal court system consists of the three levels of courts, each of which has specific duties. Reading Focus • What is the purpose of the U.S. district courts? • How are the U.S. courts of appeals different from the district courts? • What is the role of the Supreme Court?

9. Section 2 The Federal Court System • The Federal Court System has three levels of courts: -US District Courts -US Courts of Appeals -US Supreme Court • Each level of the federal court system is given jurisdiction in several different kinds of cases.

10. Section 2: The Federal Court System • Types of jurisdiction: - original jurisdiction – authority to be the first courts in which cases are heard - appellate jurisdiction – power to review decisions made by lower courts - exclusive jurisdiction – only federal courts can hear these cases - concurrent jurisdiction - cases can be heard in federal and/or state courts

11. Organization of Federal Courts • Ninety-four district courts—at base of system; jury trials held here - 650 + judges hear about 300,000 cases per year • Courts of Appeal—review district court cases; panels of judges make the decisions. -13 Courts of Appeals - US divided into 11 districts (plus DC and Federal Circuit) • U.S. Supreme Court—highest court in the land; an appeals court; decisions are final

12. Section 2: The Federal Court System Cases tried in the federal courts: • Cases involving people charged with disobeying the Constitution, violating a U.S. treaty, or breaking laws passed by Congress • Charges brought by a foreign country against the United States or its citizens • Crimes committed on U.S. ships at sea

13. Section 2: The Federal Court System Cases tried in the federal courts: (continued) • Ambassadors and consuls charged with breaking laws in a foreign country • Crimes committed on certain federal properties • Disagreements between the states • Lawsuits between citizens of different states

14. Section 2: The Federal Court System Role of the Supreme Court • Reviews cases from lower federal courts and state courts • Constitutional jurisdiction over: • cases involving diplomatic representatives from other countries • disputes between states • disputes between states and federal government

15. SECTION 2 Federal Court Cases Question: Which cases are tried in federal courts? • 1. constitutional violations • 2. U.S. treaty violations • 3. congressional law violations • 4. cases between a foreign government and a U.S. citizen or the government • 5. crimes committed on U.S. ships at sea • 6. cases involving U.S. ambassadors and consuls who broke laws in their stationed countries • 7. crimes committed on certain types of federal property • 8. disagreements between states or citizens of different states

16. Section 3: The Supreme Court The Main Idea The Supreme Court hears appeals, reviews laws, and strongly influences American society. Reading Focus • What is the power of the judicial review? • What are the constitutional checks on the Supreme Court’s powers? • How has the Supreme Court strengthened constitutional rights?

17. Section 3 The Supreme Court • The Power of Judicial Review • The US Supreme Court has the power of judicial review. • Judicial Review allows courts to decide whether a law or a presidential action is in agreement with the Constitution • Judicial Review was promoted by John Marshall, serving as Chief Justice, in 1803 landmark case – Marbury v. Madison. 1st case to declare act of Congress unconstitutional.

18. Section 3: The Supreme Court Process through which cases are tried in the Supreme Court: • Thousands of cases are appealed to the Court each year. • One hundred to 200 cases are selected for the docket. • Selected cases contain significant public interest or questions. • Four out of nine justices must vote to hear a case. • Previous verdicts stand for rejected cases.

19. Section 3: The Supreme Court Supreme Court justices • Are appointed by the president and approved by a Senate majority vote. • Are appointed for life but may be impeached.

20. Section 3: The Supreme Court Judicial review has strengthened the Court’s power. • Courts decide if a law or presidential action is constitutional. • Supreme Court has the ultimate power of judicial review.

21. Section 3: The Supreme Court • Supreme Court Justices: -John Roberts (Chief Justice) -Antonin Scalia -Anthony Kennedy -Clarence Thomas -Ruth Bader Ginsberg -Stephen Breyer -Samuel Alito -Sonya Sotomayer -Elena Kagan http://www.supremecourt.gov/about/biographies.aspx

22. Section 3: The Supreme Court Congress can limit the Court’s power. • Can rewrite laws to make them constitutional • Can amend the Constitution to include new laws

23. Judicial Review Congress SECTION 3 Question: How has judicial review strengthened the Supreme Court’s power, and how does Congress limit this power? Limit Congress may pass a similar law abiding by the Constitution or may try to amend the Constitution. Strengthen It asserted the Court’s power to declare laws of Congress and presidential acts unconstitutional.

24. Chapter 7 Wrap-Up • 1. Describe the types of laws that exist in the United States. • 2. What services do U.S. courts provide? • 3. Which cases are tried in federal courts? • 4. How is the federal court system organized? • 5. How are appointments made to the Supreme Court, and how long do justices serve? • 6. How does the Supreme Court limit Congress’s power, and how does Congress reassert it?