SECTION 1-ROLE OF THE FEDERAL COURTSChapter 10- The Judicial Branch

JUDICIAL BRANCH The Judicial Branch was created to help

balance the powers of the other two branches.

It played a very small role until Chief Justice John Marshall who was appointed in 1801. He helped increase the power of the court.

WHAT MAKES UP THE JUDICIAL BRANCH? The Judicial Branch consists of the

Supreme Court and more than 100 federal courts.

The most important members of the branch are the judges.

THE US JUDICIARY: consists of a system of federal and state

courts-a dual system. All 50 states have courts that derive

powers from state constitutions and laws. The Federal court system consists of the

Supreme Court and lower federal courts -get their powers from the Constitution and federal laws.

Each system is separate but connected.

STATE COURTS: each state has its own level courts for

different purposes (traffic court or juvenile court).

Municipal courts operate on the city level and hear cases involving small sums of $ or misdemeanors like traffic violations.

Most of our disputes are handled in state courts.

WHAT COURTS DO: Legal conflicts in our country are

resolved by courts of law. They all perform the same basic

functions: apply the law to an actual situation interpret the law determine how to apply it in that situation.

KY Supreme Court7 Justices

KY Court of Appeals 14 Justices sit on panels

KY Circuit Court

KY Family Court

KY District Courts

KY Court System

JURISDICTION the authority to hear certain cases- State Courts have three levels for

cases to go: Trial Appellate Supreme Court of final appeals

TRIAL COURT

The court in which the case is originally tried

has original jurisdiction-the authority to hear a case first.

This court determines the facts of the case. (sometimes with a jury and trial).

COURT OF APPEALS If a person who loses a case & thinks

something is unjust they can appeal a decision- take the case to a court with appellate jurisdiction.

The appeals court does not hold a trial or determine the facts of a case.

It looks at the legal issues involved-determines if the law was applied fairly and that someone's rights weren’t violated.

COURT OF APPEALS CAN:1. affirm (let stand) the lower court’s

decision, 2. Reverse the lower court’s decision (–if they

find that something was unfair-) if this happens there may be another trial. The new trial is held back at the trial court. However, in this case if a defendant is then declared innocent they can NOT be retried.

3. If one side is still not happy they can appeal to the Supreme Court

FEDERAL COURTS HEAR CASES:1. involving federal laws and issues

beyond the authority of states 2. cases appealed to the federal court

from state supreme courts.

Federal courts have jurisdiction over cases involving the United States laws, foreign treaties, and the interpretation of the Constitution.

State courts have jurisdiction over cases involving state laws

When state and federal jurisdiction overlap- concurrent jurisdiction

DEVELOPING SUPREME COURT POWER The SC is the most powerful court in

the world. It may also be the least understood

institution of American Government. Its power is developed from custom

usage and history.

Certain principals were established early in the Court’s history.

No federal court may initiate action -seek out cases to be tried before them.

They must wait for litigants (people involved in law suits) to bring it before them.

Judiciary Act of 1789- It set up the district courts and court of appeals. (one of the first acts of Congress)

JUDICIAL REVIEW -DECIDES WHETHER SOMETHING IS CONSTITUTIONAL OR NOT

One of the most important powers of the Supreme Court

gives the Judicial Branch the final say on whether a law is valid

it is a checks and balance for the Legislative Branch.

MARBURY V MADISON- GAVE US JUDICIAL REVIEW

Marbury v Madison: William Marbury sued James Madison (Sec. of State) in 1803. Marbury was suing b/c he did not get a govt. job that was promised to him by President John Adams. Marbury brought the case to the SC.

As President Adam’s term expired Congress passed a bill giving the president a chance to appoint 42 justices of the peace in DC . The Senate quickly confirmed the nominees. The Secretary of State had delivered all but 4 of the commissions to the new officers by the day Thomas Jefferson came into office. Jefferson in one of his first acts as president stopped delivery of the remaining commissions.

William Marbury one of those who did not receive his commission filed suit in the SC (which he could do b/c under a provision of the Judiciary Act of 1789 the SC could hear cases involving government officials). The Court heard the case in Feb 1803.

CJ JOHN MARSHALL-INCREASES COURTS POWER

Chief Justice John Marshall announced the ruling that Marbury’s rights had been violated and that he should have his commission. However Marshall said the Judiciary Act had given the Court more power than the Constitution had allowed. Therefore, the Court could not, under the Constitution issue a writ to force delivery of the commission. Jefferson won the victory but it was one he did not enjoy.

The chief justice had secured for the court the power to review acts of Congress.

Since 1803 more than 1,000 state and local laws and 100 federal laws have been overturned by Judicial Review.

Marshall in several other key decisions the Court carved out its power. He broadened federal Power at the expense of the states. The Court declared that states could not hamper the exercise of legitimate national interests.