The Judicial Branch of Government under Article III of Constitution

The Judicial Branch of Government under Article III of Constitution

I. Federal Court Systema. Congress has expressed powers to create lower

courts (Art. II)

Supreme Court (9 Justices)Jurisdiction-original and appellate –Last resort

13 Regional Court of Appeals

94 District Federal Courts(basic trial courts for federal crimes)

FL has 3-has prosecution and defense, cases argued

b. Federal Jurisdiction:1. all cases involving federal laws (ex: violation of Civil Rights Act) 2. interpretation of Constitution3. treaties4. criminal or civil issues w/ambassadors5. ships on the high seas

6. Conflicts btwn. States or citizens of different states7. Conflicts btwn. Citizens or states & foreign

governments8. Bankruptcy

c. Appellate Courts (the appeals process) no new trial, review of case to ensure

law is properly applied

d. Selection of Federal Judges1. president appoints and Senate

approves

The Supreme Court

I. Terms and Composition of Court

a. 9 Justices appointed by President confirmed by Congress 1. life or retirement

b. 1st Women –Sandra Day O’Connor

2nd –Ruth Bader Ginsberg 3rd- Sonia Sotomayer

c. Chief Justice- John Roberts (Bush appointee)

The Roberts Court-

Omit Stevins, insert

Kagan

d. 1st African American- Thurgood Marshall2nd Clarence Thomas

e. Thurgood Marshall- as lawyer argued Brown v Board of Education1. SC case that overturned “separate but

equal doctrine” from Plessey v Ferguson

2. argued that doctrine violated 14th Amendment –equal protection under the law

3. video clip here

2. argued against death penalty (declared unconstitutional during the 1970s

II. Duties and Powers of the Court

a. judicial review- decides on Constitutionality of law (Congress) or executive order (President)

Process:1. decides which cases to hear: uses writ of certiorari (calls up cases

from lower courts)2. friend of court or interested partymay appeal to the court to take case

3. will place on docket 4. Justices will hear case and write an opinion

(verdict)-majority opinion-explains

rationale-concurring opinion- single justice explaining opinion-dissenting opinion- justice in minority explaining opposition

SW?1. Court establishes precedent

w/majority opinions. By deciding the constitutionality of cases, lawyers may usecase to make valid arguments.

2. by deciding constitutionality- the Court makes policy

*judicial activism- court uses power to affect social outcomes

ex: Roe v Wade

3. What gives the Supreme Court the right to do this?

Marbury v Madison (video clip)

4. Other landmark cases that depict judicial activism

Miranda v ArizonaRoe v WadeBrown v Board

III. The Dual Court System

1. meaning both federal and state court systems

2. Laws :statutory- written down

ex: laws passed by Congress state legislatures

ordinances (local -city councils)

Florida State Court System –for state laws

Florida State Supreme Court

Florida District Court of Appeals (an appellate court)

County CourtsTrial courts for

misdemeanors and traffic (67)

Circuit CourtsFor felonies and civil

cases (20)

3. Trials

Civil trials- one private party sues another (not criminal

Criminal trials- government files charges against person for violation of statute (can be local, state or federal levels)

Prosecutors- are elected officials. Very powerfulmake decisions1. when to try2. charges

4. Plea Bargain- defendant admits crime before trial (in avoidance of trial) for lighter punishment.

5. Jury duty- 18 or over. Civic duty- crime for no-show. No felons