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Page 1: Judicial Branch

Judicial Judicial BranchBranchInterpretation of laws

Page 2: Judicial Branch

vocabularyvocabulary

1. Jurisdiction2. Exclusive

jurisdiction3. Concurrent

jurisdiction4. District court5. Appeals court6. Remand7. Opinion8. Precedent

9. Judicial review10.Constitutional11.Brief12.Majority opinion13.Concurring

opinion14.Dissenting

opinion15.Unanimous

opinion16.Stare Decisis

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District CourtsDistrict Courts

Lowest level of the federal court system. This is where most lawsuits begin.

Original jurisdiction: Authority to hear cases for the first time.

Only courts with jury trials.Each state has at least one district court.90% of all court cases are in district

courts.

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Court OfficialsCourt OfficialsJudges: Decide procedure and punishment.

Appointed by the president and approved by the Senate. They earn $162,100. No political pressure because they can not be removed without reason.

Magistrate: Issue court orders and take care of pre-trial matters. Appointed for eight years by federal judges. They earn $149,132.

US Attorney: Prove that a suspect is guilty. Marshal: Arrest suspects, brings defendants to

court, and serves subpoenas.Subpoena: Order requiring a person to appear in

court.

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Court of AppealsCourt of AppealsAppellate jurisdiction: Hear only cases

that have been appealed from district courts.

Circuit: Geographic area an appeals court has jurisdiction in.

There are twelve judicial circuits.

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Circuit court Circuit court judgesjudges

Each appeals court has from 6-27 judges. They earn $171,800 a year.

A panel of at least three judges will hear each case.

The court may:1. Uphold the earlier ruling.2. Overturn the decision.3. Remand the case to a lower court for a new ruling.

Some cases will be appealed to the Supreme Court.

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ReviewReview1. What is the lowest level of the

federal court system?2. Which is the only court with jury

trials?3. What is an order requiring a person

to appear in court?4. What is appellate jurisdiction?5. How many judicial circuits are

there?6. What are the 3 things a circuit court

judge can do with a case?

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Supreme CourtSupreme CourtOriginal jurisdiction involving diplomats

from foreign countries or when more than one state is involved.

Appellate jurisdiction on everything else.

Normally hear cases that involve constitutional questions or are of public interest.

Decisions can not be appealed.

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Supreme Court Supreme Court JusticesJustices

There are nine justices (1 chief and 8 associate).

Associate justices receive $199,200 and the Chief justice receives $208,100.

1967, Thurgood Marshall became the first African-American justice.

1981, Sandra Day O’Connor became the first female justice.

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The Supreme The Supreme Court JusticesCourt Justices The Justices are

(front row from left) Clarence Thomas, Antonin Scalia, John G. Roberts (Chief Justice), Anthony Kennedy, Ruth Bader Ginsburg; (back row from left) Sonia Sotomayor, Stephen Breyer, Sameul Alito and Elena Kagan.

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Chief Justice John Chief Justice John RobertsRoberts

Appointed by George W. Bush

September 29, 2005–present

DOB: January 27, 1955

Senate Confirmation: 78-22

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Justice Antonin Justice Antonin ScaliaScalia

Appointed by Ronald Reagan

September 26, 1986–present

DOB: March 11, 1936

Senate Confirmation: 98-0

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Justice Anthony Justice Anthony KennedyKennedy

Appointed by Ronald Reagan

February 18, 1988–present

DOB: July 23, 1936

Senate Confirmation: 97-0

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Justice Clarence Justice Clarence ThomasThomas

Appointed by George H. W. Bush

October 23, 1991–present

DOB: June 23, 1948

Senate Confirmation: 52-48

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Justice Ruth Bader Justice Ruth Bader GinsbergGinsberg

Appointed by Bill Clinton

August 10, 1993–present

DOB: March 15, 1933

Senate Confirmation: 96-3

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Justice Steven Justice Steven BreyerBreyer

Appointed by Bill Clinton

August 3, 1994–present

DOB: August 15, 1938

Senate Confirmation: 87-9

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Justice Samuel Justice Samuel AlitoAlito

Appointed by George W. Bush

January 31, 2006–present

DOB: April 1, 1950

Senate Confirmation: 58-42

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Justice Sonia Justice Sonia Sotomayor Sotomayor

Appointed by Barack Obama

August 8, 2009–present

DOB: June 25, 1954

Senate Confirmation: 68-31

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Justice Elena Justice Elena KaganKagan

Appointed by Barack Obama

Senate Confirmation: 63-37

August 7, 2010- Present

DOB: April 28, 1960

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Supreme Court ScheduleSupreme Court ScheduleFirst two weeks of the month, they hear

arguments, discuss cases, and vote. They have a two week recess where they decide what cases to hear and write opinions on other cases. They read briefs, arguments written by attorneys

Four out of nine justices must want to hear a case. It is then placed on the docket, calendar.

The case must have two adversaries, opposing sides.

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Cases in the Supreme Cases in the Supreme CourtCourt

• Almost all cases reach the Supreme Court on appeal.

• Writ of Certiorari: Directs a lower court to send records for review.

• Lower courts sometimes ask the Supreme Court to make a ruling.

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Decisions and Decisions and OpinionsOpinions

Must have a majority vote to decide. (At least 6 judges must vote).

If there is a tie, the lower court ruling is upheld.

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Marbury vs. MadisonMarbury vs. Madison• Midnight judges: John Adams appointed

several judges on his last night as President.

• James Madison became Jefferson’s Secretary of State and was instructed to withhold the commissions.

• William Marbury took the case to the Supreme Court as a provision of the Judiciary Act of 1789.

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Do you remember???Do you remember???1. Opportunity cost2. State revenue3. Partnerships4. Corporations5. Monetary decisions6. ‘rust belt’ & ‘sun belt’7. Comparative

advantage8. Pos. & neg. impacts on

GDP9. Supply & demand

curves10.Business cycle11.Federalist Papers12.Federalism13.Articles of

Confederation14.Jean-Jacques Rousseau15.John Locke16.Baron de Montesquieu

17. Declaration of Independence18. Types of government19. “Consent of the Governed”20. Types of democracy21. Battle of Saratoga22. Legislative Branch23. Elastic Clause24. Parts of the Constitution25. Popular sovereignty26. Marbury v Madison27. McCulloch v Maryland28. Plessy v Ferguson29. Brown v Board of Ed30. Dred Scott v Sanford31. Executive Branch32. Steps to become President