Download The Judicial Branch

The Judicial Branch
Chapters 18 -21
Bell Ringer
• How are referees in sports and the court
system the same?
Learning Target
• Students will learn the basis of the USSC
and how court cases are appealed to the
USSC.
The Court’s Influence, cont.
• The Court also
interprets the meaning
of many federal laws
and rules on how they
should be applied.
• Chief Justice John
Marshal laid the
foundation for Courts
role in interpreting laws.
John Marshall, Chief Justice of the
United States, 1801—1835
Packing the Court
• The Judiciary Act of 1789 created a
Supreme Court of six justices, including
the Chief Justice.
• The Court’s size has changed over time,
reaching its present size of nine in 1869.
• In 1937, President Franklin Roosevelt
asked Congress to increase the size of the
Court.
Requirements to USSC
1. No age requirement (typically older)
2. No professional requirement
3. No experience as a judge required
- However, all have had legal training
Term of the USSC
1. Serve for life
2. May be impeached
3. Sessions begin the 1st week in Oct. and
end the last week in June
USSC Justices
http://youtu.be/7bW035BRBjY
Role of USSC Justices
http://www.youtube.com/watch?v=VfGn36uh
x7c&feature=share&list=PLDF3EB54C00B
576E6
The Supreme Court
1. USSC has a Chief Justice & 8 justices.
2. USSC is the final authority on court
cases
3. USSC has the final power of judicial
review
- which is the power to decide the
if an act of gov't is constitutional
1803 – est. by Marbury vs. Madison
Marbury v. Madison, 1803
• President Jefferson wanted to block William
Marbury from accepting a judgeship granted
by the outgoing President Adams.
– Jefferson asked the Supreme Court to hear the
case under the authority granted to the Court by a
recent congressional law.
– Marshall ruled that the law passed by Congress
was unconstitutional, so the Court had no
jurisdiction to hear the case.
Marbury v. Madison, cont.
• Checkpoint: What is the significance of the
case Marbury v. Madison?
– Marshall ruling affirmed the Court’s power of
judicial review, which is not stated in the
Constitution.
– Judicial review gave the judicial branch a key
role in the development of American
government.
Marbury vs Madison
http://youtu.be/rXwTrArJ1zM
The Supreme Court
4. USSC has both original & appellate
jurisdiction. Most cases come on appeals.
5. USSC decides about 100 cases a year.
Hearing Appeals in the USSC
1.
2.
3.
4.
5.
5.
Anyone can appeal a case to the USSC
USSC decides which appeals to hear
4/9 justices have to agree to hear case
If they agree, the case is put on docket
Docket – lists of cases to be heard
Lawyers from both sides writes a brief
Hearing Appeals in the USSC
6. Lawyers make oral arguments
- Very dramatic
- Try to persuade justices in their favor
- Originally no time limit but Today 30 min
7. Conference
- Justices meet in private
- Discuss current case
- Each justice has a chance to state their views
Hearing Appeals in the USSC
8. Court opinion is written
- Chosen by the Chief Justice/Sr Justice
- A draft is written
- May change minds of justice
- The S.P. rules on the case
How a case gets appealed to the
Supreme Court
1. Case is filed in a federal court
2. Case is appealed to a federal court of appeals
3. Case is appealed to the Supreme Court and
the USSC can either :
- Allow the lower-court ruling to stand
- Send the case back to reconsider it
- Agrees to hear the case
4. The USSC rules on the case
Assignment 1
1. USSC Bio
Name
Age
President/Yr appointed
Previous work experience
End of Day 1!!
Bell Ringer
Why are the inferior courts considered the
workhorses of the judicial branch?
Learning Target
Students will learn the different types of
jurisdiction in the inferior courts.
Federal Courts
1. Constitution created the US Supreme Court
2. Inferior courts created by Congress
- federal courts under the Supreme Court
3. Congress created two types of federal courts:
A. Constitutional Courts- deal with matters
involving the judicial power of the US.
B. Special Courts- deal with cases related to
the expressed powers of Congress
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 under
the provisions of Article III to exercise the broad
“judicial
Power of
the United
States.
Types of Federal Courts, cont.
• Congress created the
special, or legislative,
courts to help
exercise its powers as
spelled out in Article I.
• These courts have
narrowly defined
jurisdictions.
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
Exxon Valdez Oil Spill
http://youtu.be/YkzB1ZYcTwM
Legacy of Exxon Valdez
http://youtu.be/vhyT_Q0YJ5c
Jurisdiction
1. Jurisdiction the authority to hear federal cases
2. Exclusive Jurisdiction – Fed & St courts
have jurisdiction over cases that may
Only be heard by them
3. Concurrent Jurisdiction – Fed & St courts
have jurisdiction over cases that may
be tried by either.
Jurisdiction
4. Plaintiff – person/group who files suit
5. Defendant – person/group who suit is
against
6. Original Jurisdiction – jurisdiction given to
court that 1st hears the court case
7. Appellate Jurisdiction – jurisdiction given
to a court that hears an appeal from a
lower court
Checks & Balances
1. President nominates federal judges
2. Senate then confirms the federal judges
The Inferior Courts
1. The Inferior Courts are the federal courts
under the Supreme Court.
2. The FC handle most federal cases.
3. Each state, the DC, & Puerto Rico has
at least one district court of federal trial
4. U.S. has 94 district courts that have
original jurisdiction over most federal
criminal cases and civil cases.
The Inferior Courts
5. Criminal Case - when a person violates a
federal law
6. Civil Case - involves non- criminal matter
such as a contract dispute.
7. Courts of Appeals - hear appeals from
district courts that could not handle the
load.
8. US has 12 courts of appeals serving 12
judicial circuits
The Inferior Courts
9. 179 circuit judges on these CoA with a
USSC justice assigned to each of them.
10. Usually 3 appellate judges that sit in on
each case.
Assignment 2
1. www.uscourts.com
2. Identify the number of districts in
each state.
3. Identify the state with the most districts
4. Identify the state with the fewest districts.
5. What do you notice about the number
of districts in proportion to the
population of each state?
Assignment 3
6. Who may be called to serve as a juror?
7. What kind of trial can a juror be asked to
hear?
8. What questions will the lawyers ask as they
decide which people they want on the jury?
9. How long will a juror have to serve if called?
10. Are jurors in your city or state paid
anything for their services?
Assignment 4
11. Federal Districts Courts for the State of AL
12. District Court Name and Location:
13. Judges’ Names:
14. Recent Case and Result:
Assignment 5
•
•
•
•
•
Four students to role-play attorneys
Two for the defense
Two for the prosecution
A person accused of robbing gas station.
All students write questions that might be asked
of potential jurors for the case
• Attorneys use these questions to select 12 jurors
from the class.
• Attorneys explain to the class why they believe
these students would make a fair jury of peers in
the trial
End of Day 2 !!
Bell Ringer
How would you compare special courts to
Constitutional courts ?
Learning Target
Students will learn the different types of
special courts in the US court system.
Other Federal Courts
1. U.S. Court of International Trade
- hear civil cases involving trade usually
related to laws and tariffs.
Currently has 9 judges that includes a
Chief Judge.
2. Court of Appeals for the Federal Circuit
- hears the appeals cases from across
the country. It's purpose is to speed up
appeals in certain kinds of civil cases.
The Special Courts
1. Special Courts (legislative courts) has a
narrow jurisdiction usually connected to
an expressed power of Congress.
- such as the power to tax
2. Court of Federal Claims - hear such
cases of anyone suing the US Govt.
3. Territorial Courts – hear cases & judge
cases in U.S. territories
The Special Courts
4. Tax Court - hear cases involving tax law
Most cases are generated by the IRS.
Military Courts
1. The Court of Appeals for Armed Forces
- a civilian tribunal meaning that it's
judges are civilians
- It is the court of last resort for cases
involving military law.
2. The Court of Appeals for Veteran Claims
- decides appeals regarding veterans'
benefits.
Military Courts of Appeal
• Congress created the Court of Appeals for
the Armed Forces in 1950 to review serious
convictions of military personnel.
– This is a civilian court that hears appeals of
military court rulings.
• Congress established the Court of Appeals
for Veterans in 1988 to hear appeals of
decisions about veterans’ benefits made by
the Department of Veterans Affairs.
End of Notes !!
Assignment 6
• Members of each group will research one
of the courts discussed in this section.
• Purpose of each court
• What types of cases the court hears.
• Create visuals that relate to the court
such as graphs or charts, photographs, or
drawings.
Law & Order
http://youtu.be/iweudaC7C0U
http://youtu.be/adU_Nky1l08
http://youtu.be/C4nZIXAPdHM