The Judicial The Judicial Branch … Branch … Interprets the laws! Interprets the laws!

Courts Courts

Apply laws to specific situations Apply laws to specific situations

Two Kinds of DisputesTwo Kinds of Disputes

Criminal Criminal Person accused of breaking the lawPerson accused of breaking the law Court decides innocent/guilty and Court decides innocent/guilty and

punishmentpunishment Civil Civil

Settle disagreements between 2 partiesSettle disagreements between 2 parties Law suit, divorce, broken contractLaw suit, divorce, broken contract

Two PartiesTwo Parties

Plaintiff/ProsecutionPlaintiff/Prosecution Plaintiff: person who brings complaint Plaintiff: person who brings complaint

against someone (civil)against someone (civil) Prosecution: represents the people/govt Prosecution: represents the people/govt

and charges a person with breaking a and charges a person with breaking a law (criminal) law (criminal)

DefendantDefendant Person who is accused of breaking the Person who is accused of breaking the

law or defending against a complaint law or defending against a complaint

Members of the Court Members of the Court

JudgeJudge Applies the law to the case Applies the law to the case Makes final decision in jury trialsMakes final decision in jury trials

Jury Jury Group of peersGroup of peers Decide the facts of the case and issue Decide the facts of the case and issue

verdictverdict

Interpreting the Law … Interpreting the Law …

A court’s decision may set a A court’s decision may set a precedentprecedent

Guideline for how all similar cases Guideline for how all similar cases should be decided in the futureshould be decided in the future

Example: Plessy v. Ferguson was Example: Plessy v. Ferguson was precedent for segregation, but was precedent for segregation, but was overturned by Brown v. Boardoverturned by Brown v. Board

Three Decisions Three Decisions

1. What does the law mean? 1. What does the law mean? 2. Is the law constitutional? 2. Is the law constitutional? 3. Has the law been violated/broken? 3. Has the law been violated/broken?

Can only occur when … Can only occur when …

the court is hearing a specific case the court is hearing a specific case (can’t decide to interpret the law at (can’t decide to interpret the law at will) will)

Supreme Court Supreme Court

Judicial Review Judicial Review Power to decide constitutionality of Power to decide constitutionality of

government actsgovernment acts Established by Marbury v. Madison Established by Marbury v. Madison

(1803): said Supreme Court has the (1803): said Supreme Court has the power to declare acts of Congress power to declare acts of Congress unconstitutional unconstitutional

How cases get thereHow cases get there

Rule of 4 – 4 justices must agree to Rule of 4 – 4 justices must agree to hear it before it’s placed on calendarhear it before it’s placed on calendar

Constitutional issuesConstitutional issues Appeals from federal and state Appeals from federal and state

courtscourts

The Supreme Court at The Supreme Court at work: work:

Solicitor general: represents U.S. in court Solicitor general: represents U.S. in court Briefs: written documents supporting 1 sideBriefs: written documents supporting 1 side Oral arguments: lawyers speak to justices, Oral arguments: lawyers speak to justices,

emphasizing major points of briefsemphasizing major points of briefs Conference: Justices meet in secret sessions Conference: Justices meet in secret sessions

to vote and discussto vote and discuss Opinions: justices write opinion of the court Opinions: justices write opinion of the court

and the majority ruling decides the caseand the majority ruling decides the case

Who are they? Who are they? John RobertsJohn Roberts Antonio ScaliaAntonio Scalia Ruth GinsbergRuth Ginsberg Anthony KennedyAnthony Kennedy Clarence ThomasClarence Thomas Steven BreyerSteven Breyer Samuel AlitoSamuel Alito Sonia SotomayorSonia Sotomayor Elena KaganElena Kagan

SalarySalary

$110,000$110,000 $115,000 – chief justice $115,000 – chief justice