Vocabulary Chapter 8- Judicial Branch

1. Circuit 12. judicial review

2. Jurisdiction 13. constitutional

3. Exclusive jurisdiction 14. docket

4. Concurrent jurisdiction 15. brief

5. District court 16.majority opinion

6. Original jurisdiction 17. unanimous opinion

7. Appeals court 18. concurring opinion

8. Appellate jurisdiction 19. dissenting opinion

9. Remand 20. stare decisis

10. Opinion

11. precedent

Judicial Branch

- Article III of Constitution

- Job is to interpret the laws

- Only Court mentioned in the Constitution is the Supreme Court- all lower courts were created by the Judiciary Act of 1789.

Section 11. What phrase is on the United States Supreme Court building?2. List 2 things that make it difficult to achieve equal justice?3. What Article describes the court system?4. What circuit court covers North Carolina?5. What are the 3 levels of the federal court system?6. If a case can be heard in either a state or federal court they are said to

have _______ ________.Section 2

1. The federal court system can be described as a ____________.2. Does every state have a district court?3. What 2 types of cases do district courts hear?4. How many US courts of appeals are there?5. Each one covers an area called a _________________.6. Appeals courts can decide a case in what 3 ways?7. According to the Constitution how do federal judges get their jobs?8. What are the requirements to be a federal judge?9. Explain Senatorial courtesy.10. How long does a federal judge hold their position?11. What does a magistrate judge do?

Federal Court Jurisdiction

1. The Constitution2. Federal Laws- kidnapping, tax evasion,

counterfeiting3. Disputes between states.4. Citizens of Different states5. The Federal Government6. Foreign Governments and treaties7. Admiralty and Maritime Law8. US Diplomats

Types of jurisdictionJurisdiction- the

power to hear a case

Exclusive jurisdiction-only federal courts can hear this case.

Concurrent jurisdiction-state and federal courts share power to hear this case

Judges Need to Know Sheet

• Appointed by the, President, Approved by the Senate

• No established requirements• Supreme Court is made up of 9 justices-

8 Associate justices led by a Chief Justice• Serve for life unless:

• Retire• Death• Impeachment

Other Court officials

Magistrate- take care of judges routine work- search warrants- court orders

US Attorney- the lawyer for the government.

US Marshal- make arrests, collect fines, keep order in court and protect courtroom and jurors- transport prisoners

Marbury v. Madison

Established the Supreme Courts power of Judicial Review- the ability to declare a law unconstitutional

Supreme Court cases

Court works for 9 months per year

Each year about 7,500 cases are appealed to the Court- they hear less than 100.

If they choose to hear a case it is put on the court docket- or calendar.

1. Each side writes a brief- a written explanation of their argument of the law

2. Each side is given 30 minutes for oral arguments- they answer questions of the justices.

3. On Fridays the Justices conference- meet to discuss the cases and make decisions- based on majority rule- 5 votes to win

4. Write the decisions called opinions

5. Announcement

Types of Opinions

1. Majority opinion- facts of the case, ruling of the court, and reasons for ruling. Every case must have one.

2. Dissenting opinion- written by a justice who opposes the outcome.

3. Concurring opinion- agrees with the majority but for a different reason.

4. Unanimous opinion- when all the justices agree

Reasons for Decision

1. The Law- always most important2. Changing social conditions- reversing an earlier

decision3. Different legal views

Strict interpretation- all the powers that the government has are listed in the Constitution.

Loose interpretation- the Constitution grants more power then what is written in it.

4. Personal beliefs

Stare decisis- “let the decision stand”- use of precedent.