The Judicial Branch Chapter 18. Finally, the third Branch of Government: Judicial Branch 2014.

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The Judicial Branch Chapter 18

Transcript of The Judicial Branch Chapter 18. Finally, the third Branch of Government: Judicial Branch 2014.

Page 1: The Judicial Branch Chapter 18. Finally, the third Branch of Government: Judicial Branch 2014.

The Judicial BranchChapter 18

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Finally , the third Branch of Government: Judicial Branch2014

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Judicial Branch• Final part of the

government• Interprets the laws

• Determines right or wrong

• Checks for fairness of the laws

• Punishes offenders

• Courts make up the judicial branch

• Least understood branch of the government

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The states each have their own court systems that exist side-by-side with the federal courts.

Most cases tried each year are heard by state courts.

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Types of Federal Courts• The Constitution created only the Supreme

Court, giving Congress the power to create any lower, or “inferior,” courts as needed.• Congress created the Constitutional Courts

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Types of Federal Courts, cont.Congress created the special courts

These courts have narrowly defined jurisdictions.

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What is a Federal Law/Crime?A federal crime is a violation of a law

passed by the United States Congress.

Some Examples of a Federal Law/Crimes

• Drug Crimes• Gun Crimes• Immigration Crimes• Money Laundering• Child Pornography• Kidnapping• Tax Crimes

• Our closest Federal court is in Philadelphia

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Federal courts can hear any case whose subject matter involves the interpretation and of the Constitution

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Which Court?

• Two separate court systems, federal and State, hear and decide cases in the United States.

• Scenario: Citizen M robs a bank in California.

• Jurisdiction: FEDERAL

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Which Court? cont.

• Scenario: Citizen X of Michigan sues Citizen Y of Massachusetts for $80,000 in damages caused as the result of a car accident.

• Jurisdiction: CONCURRENT

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Which Court? cont.

• Scenario: Citizen Y of Ohio has her car repaired at AJ’s, the local repair shop. Her car breaks down on her way home. She sues the repair shop for breach of contract.

• Jurisdiction: STATE

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Federal Jurisdiction, cont.

• Checkpoint: What parties must bring their cases to a federal court?

• The United States or its officers and agencies• An official representative of a foreign

government• One of the 50 states suing another state, a

resident of another state, or a foreign government

• A U.S. citizen suing a citizen of another state or a foreign government or citizen

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Key Terms

• inferior courts: the lower federal courts beneath the Supreme Court

• jurisdiction: the authority of a court to try and decide a case

• concurrent jurisdiction: when federal and state courts both have the power to hear a case

• plaintiff: the person who files a lawsuit• defendant: the person against whom a

legal complaint is made

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Key Terms, cont.• original jurisdiction: the power held by the first

court to hear a case• appellate jurisdiction: the power to hear a case

on appeal from the court with original jurisdiction• judicial restraint: the philosophy that judges

should decide cases based on the original intent of the lawmakers and on precedent

• precedent: prior judicial decisions that guide rulings on similar cases

• judicial activism: the philosophy that judges should also take current social conditions into account when deciding cases

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Judicial Restraint

• Judges make decisions that shape public policy.

• Judicial restraint argues that the courts should defer to the policy decisions of the legislative and executive branches.

• Supporters of judicial restraint believe that judges should decide cases based upon:• The intent of the Framers and Congress when

the law was originally written• Precedents set by rulings in similar cases.

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Judicial Activism

• Judicial activism argues that judges should take into account how social values and conditions may have changed over time when they interpret the law.

• Supporters of this principle believe that judges can and should make independent decisions when their interpretation of law differs from that of the legislative and executive branches.

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Criminal Cases vs. Civil Cases

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Felony – most serious offensesMurder, rape, arson, burglary, aggravated assault

Felony vs. Misdemeanor (Criminal)

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Felony vs. Misdemeanor (Criminal)

• Misdemeanor – less serious, but still serious offenses, involves a trial• Assault, DUI

• Summary offenses – least serious, usually only fines, not usually a trial• Disorderly conduct,

public drunkenness,

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Miranda Rights

• Rights of the accused when arrested

• Came from Supreme Court case• Miranda v. Arizona,

1966

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A Legal term…

• Writ of habeas corpus• Arrested person must

know the reason arrested (charges) through the arraignment (court hearing when charged )

• Federal and state govts can only suspend this right in times of rebellion or crisis• Examples: during

riots or during a war

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Supreme CourtHighest Court in the United States

Justices to Supreme Court – Today = 9

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Supreme Court Cases

• Most cases come to them on appeal• Came up from either lower federal courts or

from states courts• Usually challenging certain rights• Often 14th Amendment questions

• Some involve Judicial review• interpretation of the law• Determine constitutional or unconstitutional

• Also hear cases involving the government• Gore v. Bush, 2000

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Selection of Federal Judges

• Nominated by the President• Confirmed by the Senate• “senatorial courtesy” – consults with senators of

state where position is located• Will also consult with Attorney General• Also appointed for life except on Special Courts

have terms of 8-15 years• DC courts have terms of 4 – 8 years

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President Andrew Jackson

• 7th President of the US, 1829-1837• 1st to ever defy a Supreme Court ruling• Cherokee Nation v. Georgia

• Cherokee won the right to stay on their land in Georgia – Chief Justice John Marshall

• Jackson ignored ruling & sent Army to move them to Oklahoma

• “Trail of Tears” – journey of the Cherokees• At least 4,000 died during walk, little supplies