CHAPTER 7 THE JUDICIAL BRANCH

1. Crime2. Criminal law3. Civil law4. Common law5. Constitutional law6. Precedent7. Appeal8. Jurisdiction9. District courts10. Court of appeals11. Justices12. Judicial review

CH. 7 VOCABULARY

The Babylonian ruler Hammurabi is credited for putting together the earliest written collection of laws. Written around 1780 B.C., Hammurabi’s Code was a collection of 282 laws that set down the rules for both criminal & civil law

ORIGINS OF LAW PG. 181

2 BASIC CATEGORIES OF LAW Criminal law and Civil law

SOURCES OF LAW Statutory law Common law Constitutional law Administrative law

LAW

Provides that “ the judicial power of the United States shall be vested in one Supreme Court , and is such inferior (lower) courts as the Congress may from time to time…establish.”

The First Congress used this constitutional power to set up a system of federal courts. There are 3 levels of federal courts.

U.S. CONSTITUTION ARTICLE III SECTION 1

U.S. District Courts – The lowest level of the federal courts in the U.S. District courts are trial courts and courts of original jurisdiction. Original jurisdiction is the authority of a court to hear & decide a case for the 1 s t time. This is the only federal court where jury trials are held.

U.S. Court of Appeals – After a trial in district court, the losing party may appeal to the next level of courts . The court of appeals has the power to review decisions made in lower court. This court does not hold trials. Instead, a panel of at least 3 judges makes a decision on the case.

U.S. Supreme Court – The highest court in the land which meets in Washington D.C. It reviews cases that have been tried in lower federal courts and in state courts. The decisions of the 9 justices, or judges, cannot be appealed.

THE FEDERAL COURT SYSTEM PG. 186 & 187

The highest court in the land which meets in Washington D.C. It reviews cases that have been tried in lower federal courts and in state courts. The decisions of the 9 justices, or judges, cannot be appealed.

THE SUPREME COURT

The nine justices-a chief justice and 8 associate justices- on the Supreme Court are appointed for life by the president, but the Senate must approve these appointments by majority vote.

1. Chief Justice John G. Roberts Jr.2. Antonin Scalia3. Anthony Kennedy4. Clarence Thomas5. Ruth Bader Ginsberg6. Stephen G. Breyer7. Samuel A. Alito Jr.8. Sonia Sotomayor9. Elena Kagan

SUPREME COURT JUSTICES

CHIEF JUSTICE JOHN G. ROBERTS

Appointed in 2005 by President George W. Bush

The U.S. court system has the power of judicial review. This power allows courts to decide whether a law or presidential action is in agreement with the Constitution. The Supreme Court holds the ultimate authority to make the decision. If a court decides that a law conflicts with the Constitution, that law is declared unconstitutional.

JUDICIAL REVIEW PG. 189

John Marshall established the power of judicial review. He established the power when he served as chief justice of the Supreme Court from 1801-1835. Marshall promoted the idea of judicial review in the case of Marbury v. Madison 1803.

JOHN MARSHALL PG. 190

1857 Scott v. Sandford 1896 Plessy v. Ferguson1954 Brown v. Board of Education: in a unanimous

decision, the Supreme Court ruled that segregated schools were not equal therefore violated the Fourteenth Amendment’s guarantee of equal protection under the law.

HISTORIC SUPREME COURT DECISIONS

PG. 190 / R14-R24