the judicial branch interprets laws the supreme court established by the us constitution nine...
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The Supreme CourtThe Supreme CourtEstablished by the US ConstitutionNine members
1937, FDR’s court-packing planJurisdiction of federal courts (as
opposed to state courts): Federal laws, treaties, maritime law, interpretation of the Constitution, states suing other states, foreign governments.
Established by the US ConstitutionNine members
1937, FDR’s court-packing planJurisdiction of federal courts (as
opposed to state courts): Federal laws, treaties, maritime law, interpretation of the Constitution, states suing other states, foreign governments.
Supreme Court JusticesSupreme Court Justices
No specific qualifications for office
Serve For lifeAppointed by PresidentConfirmed by Senate
No specific qualifications for office
Serve For lifeAppointed by PresidentConfirmed by Senate
Robert BorkRobert BorkIn 1987, when he was a
U.S. Appeals Court judge, then-President Ronald Reagan nominated him for the Supreme Court. However, Senate democrats, wary of his conservative philosophy and positions on abortion, affirmative action and First Amendment rights, rejected his nomination.
In 1987, when he was a U.S. Appeals Court judge, then-President Ronald Reagan nominated him for the Supreme Court. However, Senate democrats, wary of his conservative philosophy and positions on abortion, affirmative action and First Amendment rights, rejected his nomination.
Clarence Thomas, 1991
Clarence Thomas, 1991
Appointed by BushAnita Hill accused him
of sexual harassmentNarrowly confirmed, 52-
48
Appointed by BushAnita Hill accused him
of sexual harassmentNarrowly confirmed, 52-
48
Recent changes in the Supreme Court
Chief Justice William Rehnquist dies:
Judge John Roberts (US Circuit Court of Appeals for District of Columbia) is nominated by President Bush,and then confirmed by the US Senate.
JurisdictionJurisdiction
Original – first time a case is heard
Appellate – court hears a case if appealed
Original – first time a case is heard
Appellate – court hears a case if appealed
Vocabulary terms
One event establishes a model for all future events.
Court has a legislative function.
One event establishes a model for all future events.
Court has a legislative function.
PrecedentPrecedent vocabulary
Judicial ReviewJudicial ReviewPart of Unwritten
ConstitutionMarbury v. Madison, 1803Chief Justice John MarshallSupreme Court can
declare an act unconstitutional
Specifics: Judiciary Act of 1789 unconstitutional
Part of Unwritten Constitution
Marbury v. Madison, 1803Chief Justice John MarshallSupreme Court can
declare an act unconstitutional
Specifics: Judiciary Act of 1789 unconstitutional
Vocabulary
Supreme Court over timeSupreme Court over timeMarshall Court – strengthen power of
federal govt.Taney Court – Civil WarChase Court – turn back ReconstructionProg. Era and Gr. Dep. – econ issuesWarren Court – civil rights70s-90s – conservative1990s – cases with slim margins (5-4)
Marshall Court – strengthen power of federal govt.
Taney Court – Civil WarChase Court – turn back ReconstructionProg. Era and Gr. Dep. – econ issuesWarren Court – civil rights70s-90s – conservative1990s – cases with slim margins (5-4)
Types of Cases: Civil Case
Types of Cases: Civil Case
Parties: Civilian vs. civilianGovernment is not usually a party
Title for parties: Plaintiff v. DefendantStandard of Evidence: Preponderance
of the evidencePenalty: Damages - money paid to the
party who was wronged
Parties: Civilian vs. civilianGovernment is not usually a party
Title for parties: Plaintiff v. DefendantStandard of Evidence: Preponderance
of the evidencePenalty: Damages - money paid to the
party who was wronged
IMPORTANT STUFF!! - Remember this!!
Types of Cases: Criminal
Types of Cases: Criminal
Government vs. Civilian Prosecution v. Defendant
(The State vs ???????)Beyond reasonable doubtFine, imprisonment, or both
Government vs. Civilian Prosecution v. Defendant
(The State vs ???????)Beyond reasonable doubtFine, imprisonment, or both
SOME MORE IMPORTANT STUFF TO REMEMBER!!
“We award damages against defendant Simpson and in favor of plaintiffs (Fred) Goldman and (Sharon) Rufo, in the aggregate, as follows:
Amount: $8.5 million”
TitleTitlePlaintiff/Prosecution v.
Defendant (in that order)
Plaintiff/Prosecution v. Defendant (in that order)
Writing a Case Brief
ConceptsConcepts
What the case is REALLY aboutHow it might apply to other peopleHow it’s related to the Constitution
and its principlesEx’s: equal protection, rights of
the accused, interstate commerce, federal supremacy, etc.
What the case is REALLY aboutHow it might apply to other peopleHow it’s related to the Constitution
and its principlesEx’s: equal protection, rights of
the accused, interstate commerce, federal supremacy, etc.
Issue StatementIssue Statement
Whether [defendant] violated [plaintiff’s] right to [right] under [relevant law].
Whether [defendant] violated [plaintiff’s] right to [right] under [relevant law].
OpinionOpinionThe court’s finding or ruling, based on interpretation of the law
The court’s finding or ruling, based on interpretation of the law
Precedent Established
•New or reinforced rules as a result of this decision
•(a legislative function)
“Test”“Test”
Used to determine whether or not the case facts violate the law(s).
Must meet all of the criteriaDerived from the relevant
law
Used to determine whether or not the case facts violate the law(s).
Must meet all of the criteriaDerived from the relevant
law
Negligence Test
• 1. Duty of care• 2. Breach of duty occurred• 3. Proximate Cause• 4. Damage resulted
Schools TestSchools Test 1. Disrupt orderly and efficient
operation of schools? 2. Actual/significant threat? 3. Rules consistently applied? (Tinker v. Des Moines, 1969)
1. Disrupt orderly and efficient operation of schools?
2. Actual/significant threat? 3. Rules consistently applied? (Tinker v. Des Moines, 1969)
Freedom of Expression in SchoolsFreedom of Expression in Schools
Does the school finance the activity? Substantially disrupt school’s
educational process? Impinge on the rights of others? (Tinker v Des Moines, 1969) Unprofessional, ungrammatical,
obscene, or goes against fundamental purpose of a school
(Hazelwood School Dist v. Kuhlmeier, 1988)
Does the school finance the activity? Substantially disrupt school’s
educational process? Impinge on the rights of others? (Tinker v Des Moines, 1969) Unprofessional, ungrammatical,
obscene, or goes against fundamental purpose of a school
(Hazelwood School Dist v. Kuhlmeier, 1988)
Student Search and Seizure Test
Student Search and Seizure Test
Reasonable suspicion (as opposed to probable cause)
(NJ v TLO, 1985) (Vernonia v. Acton, 1995)
Reasonable suspicion (as opposed to probable cause)
(NJ v TLO, 1985) (Vernonia v. Acton, 1995)
Representative CasesRepresentative CasesMarbury v. MadisonGibbons v. OgdenDred Scott v. SanfordSchenck v. U.S.Brown v. Board of Ed.Miranda v. ArizonaTinker v. Des MoinesNew Jersey v. TLO
Marbury v. MadisonGibbons v. OgdenDred Scott v. SanfordSchenck v. U.S.Brown v. Board of Ed.Miranda v. ArizonaTinker v. Des MoinesNew Jersey v. TLO