April 8 Movie Separation of Powers and Checks
and Balances review Notes/discussion over the Judicial
Branch Chapter 18 Vocab. and crossword
puzzle Vocab. Quiz Friday
You will be able to: COMPARE and CONTRAST federal
and state court systems LIST and EXPLAIN the differences
between criminal and civil cases DESCRIBE the basic structure of the
Supreme Court SUMMARIZE Supreme Court
decisions
US GOVERNMENT
The Judicial Branch Notes
Article I of the Constitution, the legislature makes the law.
Article II of the Constitution, the executive enforces the law.
Article III of the Constitution, the judicial interprets the law.
Each branch can “check” the power of the other branches.
Article III, Section I of the Constitution “The judicial Power of the United
States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
GENERAL INFORMATION: TWO different court systems in the
U.S. Federal and State Both feed into the US Supreme
Court Both hear criminal and civil cases
Why two different court systems? The Articles of Confederation did not
establish national courts or a national judiciary.
States interpreted and applied the laws as they saw fit.
Decisions by the courts in one state were ignored by the courts in other states.
Federal Judiciary -- deals with matters that state courts can’t handle. Ex: disputes between states, disputes between foreign citizens and U.S. states or citizens, and matters that deal with federal laws and the Constitution.
State Judiciary -- every matter not handed by the relatively limited federal courts is handled in the state courts. Ex: family law issues, landlord-tenant disputes, probate cases, lawsuits between parties within a single state, and nearly all state criminal offenses.
To determine whether it is federal or state court, you need to look at: The parties involved
– Are they all from the same state?– Are they from different states or even
different countries? The situation that has lead up to the
trial – Is it a state law or federal law that has
been broken?
Federal Court System
94 US District Courts in the US 13 Courts of Appeals (13 Circuits) 1 U.S. Supreme Court
State Court System
132 General District Courts 123 Circuit Courts Court of Appeals of VA VA Supreme Court
DIAGRAM OF COURTROOM
Two Kinds of Federal Courts
Inferior Courts
US Supreme Court Article III of the Constitution Exercises both original and appellate
jurisdiction Most cases come on appeal from the lower
federal courts and from the highest State courts.
Constitution sets original jurisdiction as: 1. As those to which a state is a party. 2. Those affecting ambassadors, other
public ministers, and consuls.
Judicial Review
The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial.
The Supreme Court is the final authority on the meaning of the Constitution.
Read pages 518-519Explain Marbury v. Madison.What were the effects of
Marbury v. Madison?
Appointment of Justices of the US Supreme Court
Presidential appointment with Senate confirmation (judges of the 94 district courts are appointed by the President and confirmed by the Senate)
Considerations: balance, experience/qualifications, positions of past decisions, other opinions
Term of office is for life with “good behavior”
Removed through impeachment
Congress sets the number of associate justices
Judiciary Act of 1789
– Six Judges Congressional Act of 1869
– Chief Justice and 8 associate judges
Supreme Court Sessions
Nine month term (October to June) Two week cycles
– Hear oral arguments, announce decisions on mondays, and rule of motions
– Recess to take care of all other business
Current Supreme Court Justices Chief Justice– John Roberts, appointed
by Bush in 2005 Ruth Bader Ginsburg, appointed by
Clinton in 1993 (2nd female justice)
Antonin Scalia, appointed by Reagan in 1986
Sonia Sotomayor, appointed by Obama in 2009 (1st Hispanic)
Elena Kagan, appointed by Obama in 2010
Clarence Thomas, appointed by Bush in 1991 (2nd African American Justice, grew up in Savannah, GA)
Samuel Alito, appointed by Bush in 2006
Stephen Breyer, appointed by Clinton in 1994
Anthony Kennedy, appointed by Reagan in 1988
First African American Justice was Thurgood Marshall
First woman was Sandra Day O’Connor
Read pages 520-521 Explain how cases reach the
Supreme Court. Explain how the Supreme Court
operates.
http://www.supremecourt.gov/oral_arguments/2010termcourtcalendar.pdf
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