judicial branch chapter 8 sections 1, 2, 3, and 4
TRANSCRIPT
Judicial BranchJudicial BranchChapter 8Chapter 8
Sections 1, 2, 3, and 4Sections 1, 2, 3, and 4
Judicial BranchJudicial Branch Article III of Article III of
ConstitutionConstitution
Interprets LawsInterprets Laws
Start at the bottom Start at the bottom and work your way up and work your way up through appealsthrough appeals
Appeal- request to Appeal- request to rehear or retry a caserehear or retry a case
Supreme Court
Court of Appeals
District Courts
Federal Courts VideoFederal Courts Video
District CourtsDistrict Courts The federal courts where trials beginThe federal courts where trials begin
DescriptionDescription Determining the facts of the caseDetermining the facts of the case Decide guilt or innocenceDecide guilt or innocence Only courts where witnesses testify, Only courts where witnesses testify,
juries hear cases, reach verdictsjuries hear cases, reach verdicts
District CourtsDistrict Courts
JurisdictionJurisdiction Original Jurisdiction: hear cases for the Original Jurisdiction: hear cases for the
first timefirst time
Number:Number: 94 Total Courts94 Total Courts Each state has at least oneEach state has at least one
NC has 3 (Western, Central, and Eastern)NC has 3 (Western, Central, and Eastern) Meets year roundMeets year round
District CourtDistrict Court
Judges:Judges:
1 Judge reviews each case1 Judge reviews each case
President appoints, Senate approvesPresident appoints, Senate approves
Term: LIFE (die in office or retire)Term: LIFE (die in office or retire)
Can be removed by impeachmentCan be removed by impeachment
District CourtsDistrict Courts
Magistrate:Magistrate: Issues court ordersIssues court orders Hears preliminary Hears preliminary
evidenceevidence Decides bailDecides bail Hears minor casesHears minor cases
US Attorney:US Attorney: Gov’t lawyersGov’t lawyers
Marshal:Marshal: Makes arrestMakes arrest Collects finesCollects fines Takes convicted Takes convicted
people to prisonpeople to prison Protects jurorsProtects jurors Keeps orderKeeps order Serves legal Serves legal
paperspapers Others:Others:
Clerks, secretaries, Clerks, secretaries, court reporters, court reporters, probation officersprobation officers
Appeals CourtsAppeals Courts Review decisions made in lower Review decisions made in lower
district courtsdistrict courts
DescriptionDescription Do not decide guilt or innocence, only if Do not decide guilt or innocence, only if
there was a fair trialthere was a fair trial Do not hold trials, no witnesses, juries, Do not hold trials, no witnesses, juries,
etc.etc. Do not hear all cases- if they do not hear Do not hear all cases- if they do not hear
it the lower court decision standsit the lower court decision stands
Appeals CourtsAppeals Courts
JurisdictionJurisdiction Appellate jurisdiction: Authority to hear a Appellate jurisdiction: Authority to hear a
case appealed from a lower courtcase appealed from a lower court
NumberNumber 1212 Each is over a “circuit”- geographical Each is over a “circuit”- geographical
areaarea NC is in the 4NC is in the 4thth Circuit Circuit Meets year roundMeets year round
Appeals CourtsAppeals Courts
Judges:Judges:
3 Judges review each case (majority 3 Judges review each case (majority rules)rules)
President appoints, Senate approvesPresident appoints, Senate approves
Term: LIFE (die in office or retire)Term: LIFE (die in office or retire)
Can be removed by impeachmentCan be removed by impeachment
Appeals CourtAppeals Court
Possible rulings:Possible rulings: Uphold the original decisionUphold the original decision Reverse the original decisionsReverse the original decisions Remand the case- sending it back to the Remand the case- sending it back to the
lower courts to be tried againlower courts to be tried again
Writes an opinion regarding the rulingWrites an opinion regarding the ruling Opinion- statement detailing why they Opinion- statement detailing why they
voted the way they did voted the way they did
Supreme Court VideoSupreme Court Video
Supreme CourtSupreme Court
Reviews decisions made in lower Reviews decisions made in lower district and appeals courtsdistrict and appeals courts
DescriptionDescription Does not decide guilt or innocence, only Does not decide guilt or innocence, only
whether laws are constitutionalwhether laws are constitutional Does not hold trials, no witnesses, juries, Does not hold trials, no witnesses, juries,
etc.etc. Does not hear all cases- if they do not Does not hear all cases- if they do not
hear it the lower court decision standshear it the lower court decision stands Final decision on any caseFinal decision on any case
Supreme CourtSupreme Court
Jurisdiction:Jurisdiction: Original and AppellateOriginal and Appellate
Number:Number: 11 Term begins in October and usually Term begins in October and usually
meets for 8 monthsmeets for 8 months
Supreme CourtSupreme Court JudgesJudges
Known as “Justices”Known as “Justices”
9 Justices9 Justices 1 Chief Justice, 8 Associate Justices1 Chief Justice, 8 Associate Justices
President appoints, Senate approvesPresident appoints, Senate approves
Term: LIFE (die in office or retire)Term: LIFE (die in office or retire)
Can be removed by impeachmentCan be removed by impeachment
Supreme CourtSupreme Court Docket- court calendar that all court Docket- court calendar that all court
cases are placed oncases are placed on 2004- nearly 7,200 cases were appealed to 2004- nearly 7,200 cases were appealed to
the Supreme Court but it only heard 74 casesthe Supreme Court but it only heard 74 cases Written Arguments- briefs are written Written Arguments- briefs are written
documents prepared by lawyers documents prepared by lawyers explaining their side of the caseexplaining their side of the case
Oral Arguments- lawyers from each side Oral Arguments- lawyers from each side get 30 minutes in front of Justices to get 30 minutes in front of Justices to summarize their casesummarize their case
Conference- private meetings of Justices Conference- private meetings of Justices in which they decide on the casein which they decide on the case
Supreme CourtSupreme Court Majority Opinion- presents views of the Majority Opinion- presents views of the
majority of Justices on the case (winning majority of Justices on the case (winning opinion)opinion)
Concurring Opinion- may be written by a Concurring Opinion- may be written by a Justice who agrees with the majority Justice who agrees with the majority opinion, but for a different reasonopinion, but for a different reason
Dissenting Opinion- written by Justices Dissenting Opinion- written by Justices explaining why they oppose the majority explaining why they oppose the majority opinionopinion
Unanimous Opinion- all Justices vote the Unanimous Opinion- all Justices vote the same waysame way
Supreme Court Justices VideoSupreme Court Justices Video
Current Supreme CourtCurrent Supreme CourtJohn RobertsJohn Roberts
(Chief Justice)(Chief Justice)Since 2005Since 2005
George W. George W. BushBush
Elena KaganElena Kagan Since 2010Since 2010
Barack ObamaBarack Obama
Antonin ScaliaAntonin Scalia Since 1986Since 1986
Ronald ReaganRonald Reagan
Supreme CourtSupreme CourtAnthony Anthony KennedyKennedy
Since 1988Since 1988
Ronald ReaganRonald Reagan
Clarence Clarence ThomasThomas
Since 1991Since 1991
George H.W. George H.W. BushBush
Ruth Bader Ruth Bader GinsburgGinsburg
Since 1993Since 1993
Bill ClintonBill Clinton
Supreme CourtSupreme CourtStephen BreyerStephen Breyer Since 1994Since 1994
Bill ClintonBill Clinton
Samuel AlitoSamuel Alito Since 2006Since 2006
George W. George W. BushBush
Sonia Sonia SotomayerSotomayer
Since 2009Since 2009
Barack ObamaBarack Obama