T H E J U D I C I A L B RA N C H

CHAPTER 7

THE JUDICIAL BRANCH

• The Judicial branch includes:• The Supreme Court• 100 other federal courts

JUDICIAL BRANCH

• Legal conflicts in our country are resolved in courts of law.• All courts perform the same function: to apply the

law to an actual situation.• Courts interpret the law and then determine how

to apply the law to a given situation.• Examples from class: Petersburg drug law, Biceca

all laws, guilty until proven innocent

JUDICIAL BRANCH

• Courts resolve two kinds of legal conflicts:• Criminal Cases – a court decides if a person is guilty or

innocent of breaking a law. If the person is found guilty, the court decides what punishment the person will receive.

• Civil Cases – a court settles a disagreement. These may include broken contracts, divorces, or constitutional rights violations.

JUDICIAL BRANCH

• All court cases involve two opposing sides:• In a civil case• Plaintiff – the individual or group that brings a complaint

against another party.• Defendant – the group that defends itself against that

complaint.

• In a criminal case• Prosecution – a government body that brings a criminal

charge against a defendant.• Defendent

JUDICIAL BRANCH

• Judge – applies the law to the conflict. He or she must remain neutral.• Jury – a group of citizens that decide on a

defendants innocence or guilt.

JUDICIAL BRANCH

• Courts can establish precedent – a guideline for how all similar cases should be decided in the future.• Example – Brown vs. Board of Education

established a precedent that made any law segregating blacks and whites unconstitutional.• Examples from class laws: Tropico Helmet Waiver

Law, XJFW music law.

SUPREME COURT

• The Supreme Court is the highest court in the federal court system.• The constitution lists no qualifications for the

position.• The president chooses justices, the senate must

approve them.• There are only nine, including the Chief Justice.• The Chief Justice earns $215,700/year and the

others earn $206,500/year

WHAT DO THEY DO

• Select cases to hear from lower courts.• Hear arguments• Make a decision• Write an opinion – a written statement explaining

the reason for a decision.• The courts majority opinion becomes the law of

the land.