the judicial branch mr. marquina somerset silver palms civics
TRANSCRIPT
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The Judicial BranchMr. Marquina
Somerset Silver PalmsCivics
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Overview
• Courts settle civil disputes between private parties, a private party and the government, or the United States and a state or local government.
• Each side presents its position.
• The court applies the law and decides in favor of one or the other.
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Overview
• Courts also hold criminal trials for people accused of crimes.
• Witnesses present evidence and a jury or a judge delivers a verdict of guilt or innocence.
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Overview
• All accused people have the right to a public trial and a lawyer. If they cannot afford a lawyer, the court will appoint and pay for one.
• Accused people are considered innocent until proven guilty.
• They may ask for a review of their case if they think the court has made a mistake.
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Origin of the Federal Court System
• Article III created the US Supreme Court and gave Congress the power to create lower federal courts
• They did so through the Judiciary Act of 1789, which established two types of lower federal courts:
1. District Courts – trial courts for different geographic regions
2. Circuit Courts – hears appeals from the district courts
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The U.S. Supreme Court
• The Supreme Court of the United States was created by Sec. 1 Article III of the Constitution.
• The organization of the Court is also spelled out by legislation.
• The Court itself develops the rules governing the presentation of cases.
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The U.S. Supreme Court
• One of the most important powers of the Supreme Court is judicial review.
• Congress writes laws in general language. Through its rulings, the Supreme Court interprets the meaning of laws, helping the police and other courts apply them.
• While the Supreme Court is a separate branch of government, outside factors do exert some influence on the Court.
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The U.S. Supreme Court
• Originally, the Court consisted of five justices, but since 1869 has maintained nine –one chief justice and eight associate justices.
• When a vacancy appears, a new justice is appointed by the president and approved by a majority vote in the Senate.
• Once appointed, the justices serve for life, unless illness, retirement or illegal or unethical conduct force them out (the latter of which has never been done in the Court’s history).
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Powers of the Court
• The legislative and executive branches must follow Supreme Court rulings.
• Because the Court is removed from politics and the influences of special-interest groups, the parties involved in a case are likely to get a fair hearing.
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Judicial Review
• The Court’s main job is to decide whether laws and government actions are constitutional, or allowed by the Constitution.
• It does this through judicial review—the power to say whether any law or government action goes against the Constitution.
• The power of judicial review serves as a check on the actions of the executive and legislative branches.
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Judicial Review
• The Constitution does not give the Supreme Court the power of judicial review. The court claimed the power when it decided the case Marbury v. Madison.
• 1803 - John Adams was leaving office, he signed an order making William Marbury a justice of the peace. The incoming president, Thomas Jefferson, refused to carry out the order. Marbury took his case to the Supreme Court.
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Marbury v. Madison
• In the Court’s opinion, Chief Justice John Marshall set forth three principles of judicial review:
• (1) The Constitution is the supreme law of the land.
• (2) If a law conflicts with the Constitution, the Constitution rules.
• (3) The judicial branch has a duty to uphold the Constitution. Thus, it must be able to determine when a law conflicts with the Constitution and nullify that law.
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How Cases Make Their Way to the U.S. Supreme Court
• About 4,500 cases are requested for review by the Supreme Court each year.
• Less than 200 cases are actually decided by the Court each year.
• There are three ways for a case to make its way to the US Supreme Court.• Original Jurisdiction (Federal)• Appellate Jurisdiction (Federal)• Appeals from State Supreme Courts
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Original Jurisdiction
• There are cases in which the US Supreme Court has original jurisdiction, the authority to be the first to hear a case.
• Ex:• Cases in which a state is a party• Cases dealing with diplomatic personnel, like
ambassadors
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Appellate Jurisdiction
• Those cases appealed (requested to be heard again) from lower federal courts can be heard at the Supreme Court.
• Higher courts have appellate jurisdiction, this is the authority of a court to hear and review cases decided in lower courts.
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Appellate Jurisdiction
• Some laws obligate (or force) the Supreme Court to hear them. But most cases get chosen by the Supreme Court Justices.
• Four out of the nine justices have to vote to hear a case. If a case gets accepted it goes on the court docket, or calendar.
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State Supreme Court Appeal
• The US Supreme Court reviews appeals from state supreme courts that present substantial "federal questions," usually where a constitutional right has been denied in the state courts.
• In both civil and criminal law, the Supreme Court is the final court of appeal.
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Determining Laws Unconstitutional
• The Court’s process of determining a law unconstitutional is remarkably thorough.1. Select a case
2. Review case briefs
3. Analyze oral arguments
4. Issuing an opinion
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1. Selecting a Case
• First, the Court must select cases to consider that are submitted from the lower courts.
• In the eyes of the justices, these cases must present a vital constitutional issue.
• Four out of the nine justices have to vote to hear a case
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2. Reviewing Briefs
• Next, the Court closely reviews briefs submitted by the lawyers representing the individual cases.
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3. Oral Arguments
• Then, the lawyers present oral arguments to the Court for further consideration of the case
• The justices participate in intensive analysis and discussion.
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4. Issuing an Opinion
• Lastly, the Court writes an opinion, which is a detailed explanation of the decision they reached in the case.
• Once an opinion is completed, it then becomes binding, or law. The document that results is referred to as majority opinion.
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Influences on the Court
• There exist both legal and political influences on the Supreme Court justices and their decisions, such as:
Legal influences
1. The Constraints of the Facts
2. The Constraints of the Law
Political influences
3. “Outside Influences”
4. “Inside Influences”
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1. The Constraints of the Facts
• LEGAL
• Courts cannot make a ruling unless they have an actual case brought before it.
• The facts of a case are the relevant circumstances of a legal dispute or offense.
• The Supreme Court must respond to the facts of a dispute.
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2. The Constraints of the Law
• LEGAL
• Among the legal constraints in deciding cases, the Supreme Court must determine which laws are relevant.
• These include: 1. interpretation of the Constitution,
2. interpretation of statutes, and
3. interpretation of precedent.
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3. “Outside Influences”
• POLITICAL
• “Outside” forces can affect the opinions of the court,
• Such as:
1. the force of public opinion,
2. pressure from interest groups, and
3. the leverage of public officials.
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4. “Inside Influences”
• POLITICAL
• “Inside” (or personal) forces can affect the opinions of the Court
• Such as:
1. justices' personal beliefs,
2. political attitudes, and
3. the relationship between justices.