the judicial branch of government under article iii of constitution
TRANSCRIPT
The Judicial Branch of Government under Article III of Constitution
I. Federal Court Systema. Congress has expressed powers to create lower
courts (Art. II)
Supreme Court (9 Justices)Jurisdiction-original and appellate –Last resort
13 Regional Court of Appeals
94 District Federal Courts(basic trial courts for federal crimes)
FL has 3-has prosecution and defense, cases argued
b. Federal Jurisdiction:1. all cases involving federal laws (ex: violation of Civil Rights Act) 2. interpretation of Constitution3. treaties4. criminal or civil issues w/ambassadors5. ships on the high seas
6. Conflicts btwn. States or citizens of different states7. Conflicts btwn. Citizens or states & foreign
governments8. Bankruptcy
c. Appellate Courts (the appeals process) no new trial, review of case to ensure
law is properly applied
d. Selection of Federal Judges1. president appoints and Senate
approves
The Supreme Court
I. Terms and Composition of Court
a. 9 Justices appointed by President confirmed by Congress 1. life or retirement
b. 1st Women –Sandra Day O’Connor
2nd –Ruth Bader Ginsberg 3rd- Sonia Sotomayer
c. Chief Justice- John Roberts (Bush appointee)
The Roberts Court-
Omit Stevins, insert
Kagan
d. 1st African American- Thurgood Marshall2nd Clarence Thomas
e. Thurgood Marshall- as lawyer argued Brown v Board of Education1. SC case that overturned “separate but
equal doctrine” from Plessey v Ferguson
2. argued that doctrine violated 14th Amendment –equal protection under the law
3. video clip here
2. argued against death penalty (declared unconstitutional during the 1970s
II. Duties and Powers of the Court
a. judicial review- decides on Constitutionality of law (Congress) or executive order (President)
Process:1. decides which cases to hear: uses writ of certiorari (calls up cases
from lower courts)2. friend of court or interested partymay appeal to the court to take case
3. will place on docket 4. Justices will hear case and write an opinion
(verdict)-majority opinion-explains
rationale-concurring opinion- single justice explaining opinion-dissenting opinion- justice in minority explaining opposition
SW?1. Court establishes precedent
w/majority opinions. By deciding the constitutionality of cases, lawyers may usecase to make valid arguments.
2. by deciding constitutionality- the Court makes policy
*judicial activism- court uses power to affect social outcomes
ex: Roe v Wade
3. What gives the Supreme Court the right to do this?
Marbury v Madison (video clip)
4. Other landmark cases that depict judicial activism
Miranda v ArizonaRoe v WadeBrown v Board
III. The Dual Court System
1. meaning both federal and state court systems
2. Laws :statutory- written down
ex: laws passed by Congress state legislatures
ordinances (local -city councils)
Florida State Court System –for state laws
Florida State Supreme Court
Florida District Court of Appeals (an appellate court)
County CourtsTrial courts for
misdemeanors and traffic (67)
Circuit CourtsFor felonies and civil
cases (20)
3. Trials
Civil trials- one private party sues another (not criminal
Criminal trials- government files charges against person for violation of statute (can be local, state or federal levels)
Prosecutors- are elected officials. Very powerfulmake decisions1. when to try2. charges
4. Plea Bargain- defendant admits crime before trial (in avoidance of trial) for lighter punishment.
5. Jury duty- 18 or over. Civic duty- crime for no-show. No felons