The Judicial BranchArticle III

Article III – Constitution • Part I: Read the text of the Judicial Branch

and circle any words you don’t know.

• Part II: Read the text of the Judicial branch again

Put each section in your own words You may need to use a dictionary/phone to help look up words

Article III – Section 1

Establishes the Supreme Court: Highest court

Congress can create lower federal courts in every state

Judges (Justices) Appointed for life!Judges pay cannot be cut!

Article III – Section 2Federal courts will decide arguments over how to interpret the Constitution and laws.

Hear disputes between states, citizens of different states, and states and the federal government!

Jurisdiction

All trials held by jury except impeachment trials

Article III – Section 3

Treason is the only crime specifically defined in the Constitution

Treason: Goes to war against U.S. or gives “aid” or comfort to an enemy

Congress can set punishment, but only directed at guilty person

Law and Order SVUEpisode: “Persona”

Final questions: What is your reaction to this episode of SVU? How does this show some of the judicial system in the United States? (I know we haven’t looked at anything yet, but what do you think?)

Review Article III

• Take out your Article III excerpt… Answer the following questions

What is the duty of the Judicial branch? What powers does the constitution give the Judicial branch? What DOESN’T the constitution say about the Judicial Branch?

The Judicial Branch The Basics

Types of JurisdictionJurisdiction : Official power to make legal

decisions and judgments

Original – Court is the first one to hear the case

Appellate – Court can only hear a case on appeal; law has been applied unfairly or incorrectly

Concurrent – Cases that can be decided in state or federal courts

Exclusive – Assigned by constitution. Only federal courts have authority to hear, state courts cannot.

Branches of LawCriminal Law – Concerns with relationship between government and people

Criminal Law

Constitutional Law

Administrative Law

International Law

Civil Law – Deals with disputes between individuals, business and other organizations

Contracts

Property

Torts

Domestic Relations

State Court vs. Federal Court

State: Jurisdiction over…

Robberies, traffic violations, broken contracts, family disputes, civil, etc.

Cases filed annually: 30,000,000

Federal: Jurisdiction over…

Antitrust, bankruptcy, patent, copyright, maritime law, criminal Cases between citizens of different statesCases involving constitution Cases filed annually: 1,000,000

Level 1 (lowest) – District Courts

First level of trials; 1st time hearingOriginal Jurisdiction

Federal trial courtsCurrently 94 courtsAt least 1 per state

Handle most federal cases

Colorado’s 22 district courts

Level 2 (middle) – 13 Courts of appeal OR “Appellate Courts”

Only hears cases on appeal from lower courts (district courts)!

Appellate Jurisdiction

Set up to lessen workload of Supreme CourtDoes not always mean a trial, though!

Doesn’t hear cases – Judges review district trial and determine if an error was made

Level 3 (Top) – The Supreme Court

Only court mentioned in Constitution

9 Justices

1 Chief Justice & 8 associates

Reviews cases usually from the Court of Appeals (Appellate Courts)

Court of last resort

Cases about..

Two or more states

U.S. and a State

Foreign ambassadors/diplomats

A state and citizen of a different state

Powers of the Judicial Branch Judicial Review: Power to decide if something

is constitutional or not! To decide what the constitution really says and means!

Can review actions of the executive and legislative branches (laws, executive orders, declarations of war) and invalidate it if it’s not constitutional (null and void)

Stems from Marbury v. Madison (1803)

Marbury V. Madison

https://www.youtube.com/watch?v=KwciUVLdSPk

Other Federal CourtsU.S. Bankruptcy Courts

Set up like district courts – but have subject jurisdiction

U.S. Courts of Appeals for the Armed Forces

U.S. Court of Federal ClaimsHandles all cases for nation’s capital

U.S. Court of International Trade

U.S. Tax CourtDisputes between tax payers and IRS

U.S. Court of Appeals for Veterans Claims

The Daily Show & Judicial Review

http://thedailyshow.cc.com/videos/fep2n3/courtcenter