The Judicial Branch

1. The Judicial Branch

2. Judicial Branch The main role of the Judicial Branch is to interpret the law It is made up of the courts The Supreme Court is the highest court in the United States It decides if the law has been broken It decides if the law is Constitutional It makes sure that people’s rights have been protected

3. The Law There are two basic types of laws and cases that courts deal with Criminal Law, which regulates what people can and cannot do, protecting the safety of the public Civil Law, which settles disagreements between people

4. Criminal Cases In these cases, courts decide whether someone has violated the law There are two types of crimes: Felony: the most serious crimes, often punished with prison time or death Misdemeanor: less serious crimes, usually punished with fine, community service or probation

5. Civil Cases In a civil case, the court settles an argument It can be a matter of unpaid debts It can involve being compensated for damage caused by someone else They can involve individuals, organizations or even the government The court usually orders one side to pay the other damages, or compensation for the fault of the wrong side There is no jail time given out in civil cases

6. Love Canal In the 1970s a housing development and elementary school near Niagara Falls, NY were built, called “Love Canal” Unknown to the buyers of the homes, it was built on top of a toxic waste dump As a result many of the residents got sick and children had birth defects some contracted cancer When the dump was discovered as the cause, the owners were not only angry, but their homes were now worthless After a long civil lawsuit, the Chemical company that did the dumping had to pay $129 million to the residents

7. Erin Brockovich case Erin Brockovich, a file clerk discovered that Pacific Gas & Electric (PG&E) had been dumping cancer-causing chemicals into the water supply in her hometown of Hinkley, California These chemicals had been causing a lot of illness and death She was able to organize a lawsuit, and the people won $333 million in damages A movie was made about this story starring Julia Roberts.

8. Not all lawsuits are legitimate however In 1992, Stella Liebeck, 81, spilled hot McDonalds coffee onto her lap in the car The coffee soaked into the sweatpants she was wearing and caused second and third degree burns She sued McDonalds, saying the coffee was too hot She won damages of $2.7 million It was later reduced on appeal to $480,000 All lids now say “Caution Hot” because of this ruling.

9. Can a dinosaur sue a chicken? The Sports mascot, “The San Diego Chicken” had, as part of his act, a fight against Barney the Purple Dinosaur The creators of Barney were offended and sued in 1998 The judge threw out the lawsuit, saying it was clearly parody and not trademark infringement

10. What’s in your bowl ? In 1997, lawyers filed a class-action lawsuit against General Mills, the makers of Cheerios cereal They claimed an additive was harmful They settled out of court and the lawyers got about $2 million in legal fees The members of the class each got a coupon for a free box of cereal

11. I hear the train a comin’.. A woman in New York City attempted to commit suicide by laying on the tracks of the subway She was hit by a train and injured, but not killed She sued the city for her injuries and won damages of $9.9 million

12. The perfect crime? San Francisco cab driver Charles Hollom witnessed a woman being robbed at gunpoint while working He drove over to the robbery, chased and pinned the mugger to a wall with his taxi The criminal, Ocie McClure, sued the cab driver and won $24,595 for his injuries

13. How long do you have to wait again? In 1985, a group of seven people broke into a closed public pool in Bronx, NY at 1AM One of them, 32 year-old Ana Garcia, drowned Medical tests showed she had a 0.23 blood alcohol level (more than twice the legal limit) Her family sued the city and won $2 million in damages However, on appeal the award was thrown out

14. Cookout Anyone? Magdelin Arias went to a cookout at her friend’s (Aledia Verasco) home in Miami, Florida Since they were out of lighter fluid, they decided to siphon some gas out of a car and use it to start the charcoal Verasco then lit a piece of paper and handed it to Arias to put on the charcoal in order to start the fire Instead, the flame caught Arias on fire and she suffered burns that caused her to spend 2 weeks in the hospital Tests at the hospital showed she had cocaine in her system that night Magdelin Arias sued Verasco for causing her injuries. How do you think it turned out?

15. She won too! Magdelin Arias won $500,000 in damages in her lawsuit Believe it or not, she and Aleida Verasco are still friends Verasco’s homeowners insurance is covering the damages, meaning that the cost will be passed on to you

16. Don’t be confused There are actually two different court systems The Federal Courts deal with cases involving federal laws and certain other circumstances State Courts deal with cases involving state and city laws The most serious cases don’t necessarily go to federal court State courts hear most cases

17. Federal Court Federal Court only has jurisdiction in certain types of cases Jurisdictionmeans the authority to hear a case They are not necessarily the most serious cases, like murder They can be criminal or civil cases

18. Jurisdiction There are three basic types of jurisdiction Original Jurisdiction: the authority to hear a case for the first time Appellate Jurisdiction: the power to reconsider a case after it has been decided by a lower court Sometimes more than one court holds the power to hold a trial first, this is called ConcurrentJurisdiction

19. Levels of Federal Court There are three levels of federal court: District Court: has original jurisdiction in almost all federal cases Court of Appeals: can only hear cases after the District court has heard them Supreme Court: has the final say on all federal cases

21. Federal Judges Each Federal court has from 6-27 judges Federal judges are appointed by the President and approved by the Senate They have their jobs for life or until they retire; they can only be forced out by impeachment by House of Representatives

22. The Constitution Federal court has original jurisdiction in any case that involves a Constitutional question If the case concerns whether someone’s rights have been violated or denied, the case can go to federal court

23. Miranda v. Arizona Ernesto Miranda was arrested in 1963 and identified by the crime victim in a lineup He was questioned by the police and confessed to the crime He was found guilty and sent to prison for twenty to thirty years His lawyers appealed, saying that he was denied his Fifth Amendment rights because the police did not tell him that he did have to answer their questions when he confessed The case was appealed all the way to the Supreme Court. How do you think it turned out?

24. “Miranda” Rights The court ruled that police are required to inform suspects of their rights against self-incrimination As a result police now must read the “Miranda Warning” to anyone who is questioned or arrested Do you know the Miranda Warning?

25. Gideon v Wainwright (1966) On June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, FL. Someone broke a window, smashed the cigarette machine and jukebox, and stole money from both Someone claimed they had seen Clarence Earl Gideon at the pool room at 5:30 that morning They found Gideon with change in his pockets and he was arrested for the crime

26. Gideon v Wainwright Gideon, was a semi-literate drifter, and could not afford a lawyer He asked the court to provide one for him The judge refused, saying the state only had to do this in death penalty cases He did a poor job defending himself and was found guilty and sent to prison for five years While in prison he studied in the prison library and decided to appeal his case, saying his Sixth Amendment rights had been violated Should the government have to provide a free lawyer for everyone?

27. You have the right to an attorney… The court ruled in favor of Gideon The right to an attorney is essential to having a fair trial As a result, anyone accused of a crime who cannot afford their own lawyer may have one paid for by the government

28. Federal Laws Anyone who is charged with breaking a federal law can be tried in a federal court Some federal crimes include tax evasion, bank robbery, kidnapping, mail tampering, counterfeiting and terrorism Murder is usually a state crime

29. Maritime Laws Any case that involves the maritime law has federal jurisdiction Crimes that occur at sea Civil lawsuits that involve the ocean or incidents that occur at sea are federal too Common examples: Discovery of sunken treasure and Piracy

30. Cases involving the U.S. Government Federal court has jurisdiction in all cases where: The government is suing a person, organization or company A person, organization or company is suing the government When one state has a disagreement with another, their case is heard by a federal court This is also true for cases involving people who live in different states

31. Cases involving foreign countries If our government has a disagreement with another nation’s government, it can be heard in federal court Also, if American government employees commit crimes in foreign countries, they can be put on trial in U.S. federal court