the judicial branch next. section 1: equal justice under the law the rights of all u.s. citizens are...
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The Judicial Branch
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Section 1: Equal Justice Under the Law
The rights of all U.S. citizens are protected by laws and the courts.
Reading Focus
• In what ways is the United States a nation of laws?
• What are the five sources of law in the United States?
• What roles do the courts play in the United States?
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The Main Idea
Two basic types of law:
• Criminal Law – defines what acts are crimes
• Civil Law – helps settle disputes between people
Five main sources of law:
Statutory law – passed by lawmaking bodies
Common law – set by judicial decisions based on common sense and previous decisionsAdministrative law – created by government agencies
Military law – based on the Uniform Code of Military Justice
Constitutional law – based on the Constitution and Supreme Court decisions
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Role of the Courts in the United States
• Use law to settle disputes
• Assure equal justice for all through fair trials
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Question: What roles do the courts play in the United States?
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Question: What roles do the courts play in the United States?
The Roles that Courts Play
• provide fair public trials
• ensure equal justice for all
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Section 2: The Federal Court System
The federal court system consists of the three levels of courts, each of which has specific duties.
Reading Focus
• What is the purpose of the U.S. district courts?
• How are the U.S. courts of appeals different from the district courts?
• What is the role of the Supreme Court?
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The Main Idea
Cases tried in the federal courts:
• Cases involving people charged with disobeying the Constitution, violating a U.S. treaty, or breaking laws passed by Congress
• Charges brought by a foreign country against the United States or its citizens
• Crimes committed on U.S. ships at sea
• Ambassadors and consuls charged with breaking laws in a foreign country
• Crimes committed on certain federal properties
• Disagreements between the states
• Lawsuits between citizens of different states
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Organization of Federal Courts
• Ninety-four district courts—at base of system; jury trials held here
• Courts of Appeal—review district court cases; 12 courts of appeal cover circuits; panels of judges make the decisions
• U.S. Supreme Court—highest court in the land; an appeals court; decisions are final
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Role of the Supreme Court
• Reviews cases from lower federal courts and state courts
• Constitutional jurisdiction over:
• cases involving diplomatic representatives from other countries
• disputes between states
• disputes between states and federal government
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Question: Which cases are tried in federal courts?
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Question: Which cases are tried in federal courts?
Federal Court Cases
• constitutional violations
• U.S. treaty violations
• congressional law violations
• cases between a foreign government and a U.S. citizen or the government
• crimes committed on U.S. ships at sea
• cases involving U.S. ambassadors and consuls who broke laws in their stationed countries
• crimes committed on certain types of federal property
• disagreements between states or citizens of different states
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Section 3: The Supreme Court
The Supreme Court hears appeals, reviews laws, and strongly influences American society.
Reading Focus
• What is the power of judicial review?
• What are the constitutional checks on the Supreme Court's powers?
• How has the Supreme Court strengthened constitutional rights?
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The Main Idea
Process through which cases are tried in the Supreme Court:
• Thousands of cases are appealed to the Court each year.
• One hundred to 200 cases are selected for the docket.
• Selected cases contain significant public interest or questions.
• Four out of nine justices must vote to hear a case.
• Previous verdicts stand for rejected cases.
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Supreme Court justices
• Are appointed by the president and approved by a Senate majority vote.
• Are appointed for life but may be impeached.
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Judicial review has strengthened the Court's power.
• Courts decide if a law or presidential action is constitutional.
• Supreme Court has the ultimate power of judicial review.
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Congress can limit the Court's power.
• Can rewrite laws to make them constitutional
• Can amend the Constitution to include new laws
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Question: How has judicial review strengthened the Supreme Court's power, and how does Congress limit this power?
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Question: How has judicial review strengthened the Supreme Court's power, and how does Congress limit this power?Judicial Review
Strengthen - It asserted the Court's power to declare laws of Congress and presidential acts unconstitutional.
Congress
Limit - Congress may pass a similar law abiding by the Constitution or may try to amend the Constitution.
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• Describe the types of laws that exist in the United States.
• What services do U.S. courts provide?
• Which cases are tried in federal courts?
• How is the federal court system organized?
• How are appointments made to the Supreme Court, and how long do justices serve?
• How does the Supreme Court limit Congress's power, and how does Congress reassert it?
Chapter 7 Wrap-Up
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Wrap-Up