The Judicial BranchChapter 10

Essential QuestionsWhy do we need a court system in America?

What is the intent of civil law?

What is the intent of criminal law?

Do State and Federal courts do the same thing?

Why is the concept of judicial review critical to the way we interpret laws?

The Court SystemJudges are the most important members of the

Judicial Branch.

Basic Function of Court:Apply the law to an actual situation

Interpret the law, and determine how to apply it

Resolve 2 Kinds of conflict seen by courtsCivil – settles disagreementsCriminal – decides guilt, innocence, and

punishment

Parties: Specified NamesKey Terms:

Plaintiff – an individual or group of people who bring a complaint against another party

Defendant – the party who answers a complaint and defends against it

Prosecution – a government body that brings criminal charges against a defendant who is accused of breaking one of its laws (The People)

Civil Cases: Listed Plaintiff, Defendant EX: Edwards vs. Techno Corporation

Criminal Cases: Listed Prosecution, Defendant EX: The People of the State of Ohio vs. Ashley

InterpretationDue to different interpretations of the law, a

decision of the court can be known as a precedentPrecedent – a guideline for how all similar cases

should be decided in the future

Broad precedents are made in the highest federal courts

Most cases start in State courts because most of the laws that govern our everyday actions are state and local laws.

State & Federal CourtsOriginal Jurisdiction – the authority to hear a case

first Determines the facts in the case

If one side of the case believes the court made a wrong decision, they have the right to appeal it. Appeal – to ask a higher court to review the decision

and determine if justice was done.

Each state has appeals courts Appellate Jurisdiction – the authority to hear an appeal Reviews legal issues ONLY Can uphold or reverse the lower court’s decision

State Court Levels1. Trial Court

2. Appeals Court

3. A court of final appeals

Federal CourtsFederal Court Cases:

Involve federal law (original jurisdiction)Appeals from state supreme courts (goes to the

SUPREME COURT)

District Courts“Workhorses” of the federal court system

Handle 80% of the federal caseload

Each state has at least one district court

Original jurisdiction on cases involving kidnapping or a city’s failure to obey federal air pollution standards

Court of AppealsTotal of 12 in the United States

Handle appeals from the federal district courtsNo jury, witnesses, or examining of evidence

Lawyers make arguments in front of a panel of 3 judges. Was the law fair and interpreted correctly?

The Supreme CourtFinal court for both state and federal court

systemsHighest Law of The Land

9 Supreme Court justices

Judges must be impartial

All federal judges are appointed by the President and confirmed by the Senate

Serve life terms and cannot be removed unless through the impeachment process

The Supreme CourtThe most important power:

Judicial Review – the power to overturn any law that the Court decides is in conflict with the Constitution

*Has to be in relation to a specific caseCourt Case: Marbury vs. Madison (1803)

JusticesChosen from judges, lawyers, and legal scholars

in the country

Chief Justice and 8 other justices (Established in the Constitution)

108 Justices have served the court (only 4 were not white men)1. Thurgood Marshall2. Clarence Thomas3. Sandra Day O’Connor4. Ruth Bader Ginsberg

Hearing Arguments They hear arguments and write full opinions on about 100

cases per year (on the most important constitutional issues)

The Process: Each side submits written arguments Justices study the arguments and records of the case Attorneys of each side present oral arguments (in 30 minutes) Justices have many questions for the attorneys.

Decision Time: Take a majority vote Opinions – a written statement explaining the reason for the

decision. (Written by the majority) Concurring opinion - agrees for different reasons Dissenting - does not agree with the majority opinion