the judicial branch article iii. article iii – constitution part i: read the text of the judicial...
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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
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