The Judicial BranchChapter 18

Finally , the third Branch of Government: Judicial Branch2014

Judicial Branch• Final part of the

government• Interprets the laws

• Determines right or wrong

• Checks for fairness of the laws

• Punishes offenders

• Courts make up the judicial branch

• Least understood branch of the government

The states each have their own court systems that exist side-by-side with the federal courts.

Most cases tried each year are heard by state courts.

Types of Federal Courts• The Constitution created only the Supreme

Court, giving Congress the power to create any lower, or “inferior,” courts as needed.• Congress created the Constitutional Courts

Types of Federal Courts, cont.Congress created the special courts

These courts have narrowly defined jurisdictions.

What is a Federal Law/Crime?A federal crime is a violation of a law

passed by the United States Congress.

Some Examples of a Federal Law/Crimes

• Drug Crimes• Gun Crimes• Immigration Crimes• Money Laundering• Child Pornography• Kidnapping• Tax Crimes

• Our closest Federal court is in Philadelphia

Federal courts can hear any case whose subject matter involves the interpretation and of the Constitution

Which Court?

• Two separate court systems, federal and State, hear and decide cases in the United States.

• Scenario: Citizen M robs a bank in California.

• Jurisdiction: FEDERAL

Which Court? cont.

• Scenario: Citizen X of Michigan sues Citizen Y of Massachusetts for $80,000 in damages caused as the result of a car accident.

• Jurisdiction: CONCURRENT

Which Court? cont.

• Scenario: Citizen Y of Ohio has her car repaired at AJ’s, the local repair shop. Her car breaks down on her way home. She sues the repair shop for breach of contract.

• Jurisdiction: STATE

Federal Jurisdiction, cont.

• Checkpoint: What parties must bring their cases to a federal court?

• The United States or its officers and agencies• An official representative of a foreign

government• One of the 50 states suing another state, a

resident of another state, or a foreign government

• A U.S. citizen suing a citizen of another state or a foreign government or citizen

Key Terms

• inferior courts: the lower federal courts beneath the Supreme Court

• jurisdiction: the authority of a court to try and decide a case

• concurrent jurisdiction: when federal and state courts both have the power to hear a case

• plaintiff: the person who files a lawsuit• defendant: the person against whom a

legal complaint is made

Key Terms, cont.• original jurisdiction: the power held by the first

court to hear a case• appellate jurisdiction: the power to hear a case

on appeal from the court with original jurisdiction• judicial restraint: the philosophy that judges

should decide cases based on the original intent of the lawmakers and on precedent

• precedent: prior judicial decisions that guide rulings on similar cases

• judicial activism: the philosophy that judges should also take current social conditions into account when deciding cases

Judicial Restraint

• Judges make decisions that shape public policy.

• Judicial restraint argues that the courts should defer to the policy decisions of the legislative and executive branches.

• Supporters of judicial restraint believe that judges should decide cases based upon:• The intent of the Framers and Congress when

the law was originally written• Precedents set by rulings in similar cases.

Judicial Activism

• Judicial activism argues that judges should take into account how social values and conditions may have changed over time when they interpret the law.

• Supporters of this principle believe that judges can and should make independent decisions when their interpretation of law differs from that of the legislative and executive branches.

Criminal Cases vs. Civil Cases

Felony – most serious offensesMurder, rape, arson, burglary, aggravated assault

Felony vs. Misdemeanor (Criminal)

Felony vs. Misdemeanor (Criminal)

• Misdemeanor – less serious, but still serious offenses, involves a trial• Assault, DUI

• Summary offenses – least serious, usually only fines, not usually a trial• Disorderly conduct,

public drunkenness,

Miranda Rights

• Rights of the accused when arrested

• Came from Supreme Court case• Miranda v. Arizona,

1966

A Legal term…

• Writ of habeas corpus• Arrested person must

know the reason arrested (charges) through the arraignment (court hearing when charged )

• Federal and state govts can only suspend this right in times of rebellion or crisis• Examples: during

riots or during a war

Supreme CourtHighest Court in the United States

Justices to Supreme Court – Today = 9

Supreme Court Cases

• Most cases come to them on appeal• Came up from either lower federal courts or

from states courts• Usually challenging certain rights• Often 14th Amendment questions

• Some involve Judicial review• interpretation of the law• Determine constitutional or unconstitutional

• Also hear cases involving the government• Gore v. Bush, 2000

Selection of Federal Judges

• Nominated by the President• Confirmed by the Senate• “senatorial courtesy” – consults with senators of

state where position is located• Will also consult with Attorney General• Also appointed for life except on Special Courts

have terms of 8-15 years• DC courts have terms of 4 – 8 years

President Andrew Jackson

• 7th President of the US, 1829-1837• 1st to ever defy a Supreme Court ruling• Cherokee Nation v. Georgia

• Cherokee won the right to stay on their land in Georgia – Chief Justice John Marshall

• Jackson ignored ruling & sent Army to move them to Oklahoma

• “Trail of Tears” – journey of the Cherokees• At least 4,000 died during walk, little supplies