the judicial branch. us court system article iii of the constitution created the united states...
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The Judicial BranchThe Judicial Branch
US Court SystemUS Court System• Article III of the Constitution created
The United States Supreme Court• Authorizes Congress to create all
US Courts below Supreme Court• 12 Appeals Courts, 94 District Courts • Special Courts & Military Courts
United States Supreme CourtUnited States Supreme Court• Highest Court in the United States,
Hear appeals from lower courts• 9 Justices – Appointed by President
and confirmed by the Senate• Serve for “Life or Good Behavior”• Ultimate Authority on Constitutionality
Hearing CasesHearing Cases• 7,000+ Appeals Every Year
• Justices choose to hear less than 200 cases
• 4 of 9 Justices must agree to hear a case
• Important, Constitutional Issues that canaffect the entire country
Case ProcedureCase Procedure• Written Arguments: Submitted by each side• Oral Arguments: Made in front of all 9 Justices• Conferences: Secret meetings between justices• Writing Opinions: Senior Judge in Majority either Writes or assigns Majority Opinion. Others can write Concurring or Dissenting Opinions
Judicial ReviewJudicial Review•The Power to declare a Law passed by
Congress to be Unconstitutional• This power is NOT given to the Supreme
Court in the Constitution• The Court claimed this power in 1803, while
deciding the Case, Marbury v Madison
Marbury v Madison, 1803Marbury v Madison, 1803• During his last weeks in office, President
John Adams appointed William Marbury to be Justice of the Peace for Washington DC
Marbury v. Madison, 1803Marbury v. Madison, 1803
• Thomas Jefferson becomes President• His Secretary of State, James Madison
refuses to deliver Marbury’s commission
Marbury v. Madison, 1803Marbury v. Madison, 1803• Judiciary Act of 1789 had expanded the Power
of the US Supreme Court• Marbury takes Madison to Court, and asks
the Court to issue a writ, compellingMadison to deliver the Commision
VSVS
Marbury v. Madison, 1803Marbury v. Madison, 1803• Chief Justice John Marshall believed that
Marbury should get the job• Afraid if he issued the writ, that Jefferson
and Madison would ignore it, and reducepower and prestige of Supreme Court
• Instead, he said that the1789 law gave the courtpowers beyond Article IIIand was thereforeUnconstitutional
• Established Principle ofJudicial Review
Types of Law: Criminal LawTypes of Law: Criminal Law
• The Government charges a Person with a Crime
• The Government must prove that a Person is guilty beyond a reasonable doubt
• Punishment = Prison and/or fines
Types of Law: Civil LawTypes of Law: Civil Law• A Person or Government sues another
Person or Government• The side that can convince a judge or jury
of their position with a preponderanceof evidence is the winner
• Winning side receives money
Types of CourtsTypes of Courts
• Courts of Original Jurisdiction:Lowest level, where original trials are held. Usually have Judge & Jury
• Appellate Courts:Hear appeals from lower Courts. Casesare heard by a panel of Judges.No Juries in Appellate Courts
State and Local CourtsState and Local Courts
• All 50 States have their own court systems
• States have District, Appeals and theirown Supreme Courts
• Appeals from State Supreme Courts areheard by the US Supreme Court
• Cities and Towns may have local trialcourts