The Judicial Branch
The Judicial Branch Interprets the Laws
Three Levels of Federal Courts from Highest to Lowest
- U.S. Supreme Court
- U.S. Court of Appeals
- U.S. District Court
The Supreme Court has original jurisdiction. This court serves as the final court of appeals for both the state and federal court systems.
Original jurisdiction is the right for the court to hear the case for the FIRST time.
They have original jurisdiction in a few special kinds of cases:
A case between the U.S. and a state
A case between two or more states
A case brought by a state against a citizen of another state
A case involving an ambassador or foreign minister
The United States Court of Appeals
The second level in the Federal Court system.
Decisions in this court are made by a panel of three judges.
This court either affirms (agrees with) the lower court's decision or reverses it. They may remand (send) it back to a lower court for a new trial.
Vocabulary
verdict: The decision of the jury.
Not guilty is an acquittal.
Guilty will follow with a sentence.
indictment: Formally charged with a crime.
judicial review: The right of the judicial branch to review laws passed by the legislative branch to see if they are Constitutional.
Subpoena: a written document ordering someone to appear in court.
Majority opinion: The opiniion of the majority of the justices in the case.
Dissenting opinion: The opinion of the justices who did not agree with the decision in a case.
Magistrate: issues subpoenas
Marshalls: delivers subpoenas
Stare decisis: a Latin word for when the Supreme Court refuses to hear a case and rules that the ruling of the lower court stands.
What are the powers of the Supreme Court?
The Supreme Court has the power of judicial review.
They decide if the laws passed by the legislative branch are Consititutional. This is a check on the legislative and the executive branch.
They interpret the laws. They take apart the laws and define what they mean.
The Supreme Court consists of 1 Chief Justice and 8 Supreme Court Justices.
Justices are appointed by the President and approved by the Senate. They serve for life.
All Justices have been lawyers.
The first female justice was Sandra Day O'Connor.
The first African American justice was Thurgood Marshall.
Justices usually share the views of the President who appointed them.
Being a Supreme Court Justice is very prestigious.
What is the process of trying a case?
- The Supreme Court reviews which cases to hear.
- They only select 100-200 cases per year.
- They put these cases on a court calendar or docket.
- The court may remand a case which means it is sent back to a lower court for a new trial.
- Only the most important consititutional cases are accepted by the court.
The Court in Action
- Each side prepares a statement with the main arguments in the case.
- The Justices ask the lawyers about the facts.
- On Fridays, the justices meet to discuss and vote on cases.
- The decision of the majority of the Court determines the outcome of the case.
- The opinions of the Court are explained.
- Your assignment menu choices are listed below.
- Your challenge today is to get this done before the end of class.
- You may write or type your work.
- This is an independent assignment.
- Please gather your choices off the back table and find a comfortable quiet place to work in our classroom.
Please complete one choice:
Choice 1) Vocabulary. Define and illustrate civics terms. Use each term in complete sentences.
Choice 2) Essay. Construct a 3 paragraph essay on the Judicial Branch of our government. You may use your notes. Some guiding questions: What is the Judicial Branch? What is the structure of the Federal Court System? How are Supreme Court Justices appointeed?
Choice 3) Challenger. Construct a three paragraph essay. The Supreme Court has an enormous influence on the lives of the people of the United States, yet the Supreme Court justices are not elected by the people. Do you think this is in keeping with the democratic nature of the U.S. Government? Explain your position.