THE JUDICIAL BRANCH

Equal Justice Under The Law All people are created equal…thus, our

judicial system protects citizens under a set of laws/rules

Laws define OUR rights and freedoms

Why do we have laws? Imagine a society without rules…

Laws promote the common good, protect you physically and personally, protect your rights, and set limits on behavior

Questions as to where our rights end due to infringing on others Freedom to play music v. Neighbor’s right to

enjoy peaceful surroundings

Civil v. Criminal Law

Disputes between people

Judge and/or jury listen to arguments of both sides (facts of the case)

Settles personal issues

Defines crimes Behaviors that are

illegal because society finds it to be harmful

Outlines trial/punishment

Protect society as a whole

Civil Law Criminal Law

QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?

Sources of the Law Principles of Laws are set forth in the

Constitution

Four principal types of law: Statutory Common Administrative Constitutional

Constitutional Law is the supreme law of the land

Statutory Law Laws passed by lawmaking bodies are known

as statutes Can be passed by Congress, state, or local gov’t

Most criminal laws and many civil laws fall into this category

Usually represent the majority rule, so they can change over time through the adoption of a new law

QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?

Common Law We cannot have a statute for every type of

wrongdoing in our society…just imagine how long that list of laws would be Thus, courts often need to make decisions based off

common sense, traditions, and past decisions…this practice is known as common law

Precedent: Earlier Decision Often, judges will use precedent to help them make

decisions in court cases Over time, the ruling becomes a customary law

(common law)QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?

Administrative Law Administrative laws are created by

government agencies/commissions and not official legislatures

Many of these laws affect our daily lives, much like statutory laws, since the agencies are overseeing some aspect of our societyQUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE

LAW?

Constitutional Law SUPREME LAW OF THE UNITED STATES

Based on the Constitution and how the Supreme Court interprets the Constitution Example: 6th Amendment’s Right to

“assistance of counsel” for their defense and the SC interpretation that states must give free legal aid to those unable to afford a lawyer (Gideon v. Wainwright)QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL

LAW?

The Role of Courts Cases can be people v. people; people v.

government; government v. government

In a criminal case, it is society v. individual Society represented by attorney for

government (often the District Attorney)

In civil dispute, both sides have options of having an attorney or representing themselves

Trial Rights Criminal Case

Accused have right to attorney, right to confront accuser, and right to a jury

Always presumed to be innocent…job of accuser to prove “beyond a reasonable doubt” that the person is guilty

Right to appeal if convicted Appeal: process by which the person asks a

higher court to review the result of the trial Higher court may change ruling Appeal process ensures trials are decided fairly

Key Definitions Jurisdiction: Extent or scope of authority

that a court has to hear and decide a case that has properly been brought before it

Original Jurisdiction: authority to hear and decide a case for the first time

Appellate Jurisdiction: authority to review decisions made by lower courts

THE FEDERAL COURT SYSTEM

The Federal Court System

THE SUPREME COURT

U.S. COURT OF APPEALS

U.S. DISTRICT COURTS1

2

3

U.S. District Courts Set up by Congress

Federal District Courts Lowest level of US federal courts Trial courts for original jurisdiction (no

appeals in district courts) Only federal court in which jury trials are

held 94 Total in United States (each state has at

least 1) 3 District Courts in PA

District Judges Federal District Judges are appointed by

the President and get approved by Senate Can only be removed via impeachment by

Congress

Trial judges that oversee civil and criminal trials Apply the law to the facts of the case Can be with or without juries Decides punishment in criminal cases

U.S. Court of Appeals Losing party in district court has right to appeal

US Court of Appeal reviews decision by lower courts (Appellate Jurisdiction)

12 Judicial Circuits PA in judicial circuit 3, along with New Jersey & Delaware

Each court of appeals will have anywhere from 6 to 28 judges Longest serving member under 65 years of age is the

senior judge

U.S. Courts of Appeals

Process of Court of Appeals Losing party appeals

Panel of at least 3 judges examines records of district court and hears arguments from both sides

Do not decide guilt, but rather if the trial was fair and law was properly interpreted

Majority vote for decision

May be sent back to new trial in district court or uphold the courts decisions This may get appealed again to the Supreme Court

The Supreme Court Highest court of the United States

Consists of nine justices, appointed for life Chief Justice is the principal judge on the case

Today: John Roberts Reviews cases that have been tried in lower

federal courts and in state courts most of the time

3 Exceptions for SC original jurisdiction1. Diplomats from other countries2. Cases between states3. State v. Federal Gov’t cases

Qualifications No Special Requirements

Appointed by President, approval by Senate

Removal by resignation, death, or impeachment only

Question: Do you think we should set qualifications for Supreme Court Justices? Why or why not?

Judicial Review Power where the Supreme Court can decide

whether or not a law is in agreement with the Constitution

How did they get this power? John Marshall in the case of Marbury v. Madison

Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny

appointment Marbury claims Judiciary Act of 1789 gives court

power to order Madison to fulfill appointment Marshall says it was not granted by Constitution—

declares act of Congress unconstitutional

Pick & Choose Your Case… Over 7,000 cases are filed each year to

the SC Court takes cases that deal with important

constitutional or national questions Minimum of four justices must vote to hear

a particular case If refused, lower court decision will remain

in effect Remand: return a case to the lower court

for a new trial

Hearing a Case… Supreme Court hears cases by oral

arguments Each side given 30 minute limit Justices will then read written arguments

and consider arguments said in court Eventually, they will take a vote and a

simple majority wins

After all of this, the Court will share the opinion Reasoning used to come to that decision

Most Common Types of Opinions Court’s Opinion (Majority Opinion)

Written by senior member in majority or Chief Justice (could assign to someone else if they choose)

Details reasoning for decision

Concurring Opinion Agrees with decision, but not the reasoning behind it

Dissenting Opinion Explains why the justices in the majority opinion are

wrong Has zero effect on law, but is important if case gets

review later

Checks and Balances Revisited Executive Branch

Appoints Federal Judges

Legislative Branch Senate confirmation Rewriting of “unconstitutional” laws Amend the Constitution

How the Court Changes Over Time

Civil Rights and Segregation

Scott v. Sandford (1857) Slaves were not US citizens (they were property), thus

they cannot sue

Plessy v. Ferguson (1896) “Separate but equal” doctrine

Brown v. Board of Education (1954) Segregated schools were not equal—reversed Plessy ruling