Judicial Branch Powers

• ___________ laws– Do laws fit within U.S. Constitution guidelines

• Conduct __________• Protect the ________ of citizens brought before the Court• Rule on _____________ questions

Interpret

Trialsrights

Constitutional

Jurisdiction

• Original Jurisdiction– Hear cases for the first time. This is where the trial takes place.

• Appellate Jurisdiction– Hear only cases on appeal from lower courts. “Review” the trial

of a lower court. This is not a new trial.

Federal Court System U.S. District Court

• ________ level of the federal court system• Each state has at least ____ U.S. District court• The only federal court where there are ______

trials• Have “____________ jurisdiction”- hear cases

for the ______ time (before a case can be heard by an appeals court or the Supreme Court it must be heard in District court)

• Judges are appointed for _______ (unless they are guilty of a serious crime)

LOWEST

ONE

JURY

ORIGINAL

LIFE

FIRST

Federal Court System: U.S. Court of Appeals

• Level between the District Courts and Supreme Court

• There are ___ Courts of Appeals. Each court covers a ____________ (a geographical area of the U.S.). Virginia is in the 4th Circuit.

• Have “____________ Jurisdiction”- They hear only cases on appeal from lower district courts.

• Appeal- a ________ to a higher court to ______ or retry a case due to reasons like new _________ or the belief the judge did something __________

• Judges are appointed for ________ (unless they are guilty of a serious crime).

12Circuit

Appellate

request reviewevidence

wronglife

Federal Court System:U.S. Court of Appeals (cont)

• There are no _________ in appeals court. Groups of judges hears arguments from lawyers from each side and _________ the case. No ____________

• No __________• Three possible outcomes

• ____________ lower court decision• ____________ lower court decision• ____________ the case (return the case to the lower

court for a new trial)

trials

reviewwitnesses

jury

UpholdOverturnRemand

Federal Court System:Special Federal Courts(info only, don’t write)

U.S. Tax CourtAppeals dealing with tax laws

U.S. Court of Federal ClaimsCases dealing with citizens who sue U.S. Gov.for

money

U.S. Court of Military AppealsAppeals court for military

U.S. Court of International TradeHears cases about tariffs and trade laws

Federal Court System:Supreme Court

• _____________ Court in the land• Has ____________ Jurisdiction- hears

appeals from lower courts. Does not hear _____ cases appealed to the court. Supreme Court decisions cannot be ___________

• Has __________ Jurisdiction in two instances: Court can hear cases involving _____________ from foreign countries and cases in which a _________ is involved.

HighestAppellate

allappealed

Original

diplomatsstate

Supreme Court

• Supreme Court has the power of “________ Review”- Court can review any federal or state law to see if it agrees with the U.S. ________________.

• If a law or action is in conflict with the ___________ (unconstitutional) the Supreme Court can ____________ or cancel the law or action

Judicial

Constitution

constitutionnullify

Marbury v. Madison

• U.S. Supreme Court case of early 1800s which established the court’s power of _____________ _________– Review _____ and ______ to see if they fit within the

_____________

• Case established the Supreme Court’s power to ___________ the meaning of the U.S. Constitution

Judicial Review

laws acts

interpret

Constitution

Types of cases heard by Federal Courts

• Civil cases- cases where two parties ______ over an issue.

• Criminal cases- cases in which the court (judge or jury) determines if an individual has ________ a crime.

• Cases involving the Federal government- cases where the __________ is one of the parties involved

disagree

committed

government

Types of cases heard by Federal Courts

• Constitutional questions- if a party feels his or her constitutional _______ have been violated

• Disputes between citizens of different states- If one party is a resident of one ______ and the other party is a resident of _________.

• Federal laws- cases where someone is accused of ________ crimes. Also includes civil cases and crimes committed on federal property.

rights

stateanother

federal

Types of cases heard by Federal Courts

• Disputes involving ___________ governments- cases involving a foreign country and the U.S, an American citizen, or an American company

• Admiralty and maritime law- cases involving crimes or accidents on the ________________

• Cases involving foreign diplomats or U.S. diplomats- cases where __________are accused of breaking U.S. laws.

foreign

high seas

diplomats

Virginia State Court System

• Virginia Supreme Court– __________ court in Va.– Has ____________ Jurisdiction- hears appeals

from lower courts of Virginia. This is the court’s ___________ job.

– Has Original Jurisdiction- can take several type of cases. Does not happen very often.

– Court consists of _______ justices. Justices are elected by the ______________________ and serve ____ year terms

HighestAppellate

primary

7General Assembly

12

Virginia State Court System• Court of Appeals of Virginia-created in

1985 to hear _________ from lower courts– Appellate Jurisdiction- most cases are

submitted to the court by a “petition for appeal”. The court may or may not accept these appeals. The court is required to hear some appeal cases called “Appeals of Right”

– Original Jurisdiction- The court will hear a few original cases

– Court consists of eleven judges who are elected by the General Assembly for ____ year terms

appeal

8

Virginia State Court System• Circuit Court

– Cases taken• __________ and misdemeanors from Grand Jury• _____________ of felonies and misdemeanors

committed by juveniles• Cases sent by ________________ and Domestic

Relations General Court• ___________ cases- Claims above $15,000• ____________ from General District Court• _____________ changes• Only court in VA with ____________Judges are appointed by the General Assembly for an

_______year term

FeloniesAppeals

Juvenile

CivilAppealsName

Juries

8

Grand Jury

Function of a Regular Grand JuryA regular Grand Jury is composed of from five to seven citizens of a city or county, summoned by the Circuit Court of that city or county, to consider bills of indictment and to hear witnesses and determine whether there is probable cause to believe that a person accused of having committed a serious crime did commit the crime and should stand trial at a later date. The Court may summon up to nine people to ensure a sufficient number. The Grand Jury does not hear both sides of the case and does not determine the guilt or innocence of the accused person. This is determined by a "petit (trial) jury" if and when the accused is tried later. The Grand Jury only determines whether there is probable cause that the accused committed the crime and should stand trial.

Virginia State Court System

• General District Court– Cases

• _______________ violations• ___________ cases- Claims less than $4,500 and

Concurrent jurisdiction with Circuit court for claims $4,500-$15,000

• Criminal _______________• __________ hearings• ________________ hearings for felonies• Judges are appointed by the General Assembly for a

______ year term

TrafficCivil

misdemeanorsBondPreliminary

6

Virginia State Court System

• Juvenile and Domestic Relations Court– Hears cases:

• Delinquents- A ___________ (under the age of 18) who has committed an act which would be a _____________ if committed by an __________

• involving _____________• Adults involved in disputes concerning the support,

visitation or custody of a child• ___________ care cases • Judges are appointed by the General Assembly for a

_____ year term

juvenile

crime adultchildren

Foster

6

Juvenile Case Procedures

• ____________________ (correct behavior) vs. Punishment• Non-public proceedings (not open to _________)• Records of trial are kept ___________. • Bench trials, _________ makes decision (no ____)• _____________ notification (immediately upon arrest)• Juveniles (____ and older) who commit ________ crimes can be

tried as _________

Rehabilitationpublic

privatejudge jury

Parental14 serious

adults

Juvenile Case Procedures

• Cases involving ___________ are handled by the Juvenile and Domestic Relations Court

• Judges have great ______________ in decision making (what’s _______ for the child)

children

latitude

best

Court Cases• Criminal Cases

– Two types of crime• ______________- _____________ crimes such as

murder, robbery, arson. If convicted could be sentenced to prison for ___ year to life.

• __________________- relatively ________ serious crimes such as traffic cases, vandalism, shoplifting. Punishable by no more than _______ year in jail.

– Two types of criminal crime• Injury- murder, assault, kidnapping• Property- larceny, vandalism, and fraud

Felony Serious

1Misdemeanor less

1

Criminal Court Proceedings• ____________ Cause (4th Amendment)

– ___________ facts or circumstances which lead one to believe a __________ has been ____________. Have to have before a warrant is issued

• Warrant- – ______________ that gives law enforcement the

__________ to __________ or ____________• Summons

– Directs a person to appear in court for a hearing. Usually associated with a civil case.

• Arrest– Take a person into ___________. The person is no longer

________ to go and is going to be ________ for a crime

Probable Known

crime committed

Documentright search seize

custodyfree charged

Criminal Court Proceedings• Magistrate (misdemeanors)\District Court (Felonies)

– ________________ Hearing– Judge who decides whether there is enough __________ to

send the case to __________ or ______ the charges. Also determines bail.

• Bail– Money put up to ___________ that the defendant will

_________ for court proceedings (_________)• Indictment

– A ___________ charge issued by a judge or Grand Jury which names a __________ and ________ the charge or charges

• Plea Bargain– ______________ in which the accused _________ to plead

__________ to a __________ charge.• Arraignment

– Hearing where the suspect ______ a plea (guilty or not guilty)

Preliminaryevidence

trial drop

ensurereturn trial

formalsuspect states

Agreement agreesguilty lesser

enters

Criminal Court Proceedings• Setting a Trial Date

– If the suspect pleads not guilty the arraigning judge will _____ a date for the trial

• Trial– The case is presented to a ________ or _________

• Petit (Trial) Jury– A jury of usually 12 citizens which hears the case and

______________ the fate of the suspect• Prosecution

– _________ the side of the _______. Tries to prove the ___________ of the suspect

set

judge jury

determine

Represents stateguilt

Criminal Court Proceedings• Subpoena

– A court order requiring a person to __________ in court

• Witness– People called to a trial to tell the ________ about what

they ____________• Testimony

– Statements __________ makes under __________• Verdict- Final decision of Judge or Jury

– Acquittal- Defendant is found _______________– Guilty- Defendant found guilty beyond a reasonable

doubt– Hung Jury- When a jury cannot _________ on a

verdict. The prosecution must decide whether to ________ the charges or ask for a __________

appear

truthknow

witness oath

Not guilty

decide

drop retrial

Rights of the Accused

• Protection from ____________ searches and seizures (need __________ cause)- 4th

• Indictment (formal _________) by ______ Jury- 5th

• Freedom from ______ incrimination (don’t have to ________ against __________)- 5th

• Right to an ____________- 6th

unreasonableprobable

charging Grand

selftestify yourself

attorney

Rights of the Accused

• Right to _________ the charges- 6th

• Right to a ____________ trial- 6th

• Right to question _____________ in open court- 6th

• Right to ___________ to a higher court- 7th

• Prevention of ________ and ____________punishment- 8th

• Prohibition against ____________ bail- 8th

• Innocent until ____________ guilty

know

fairwitnesses

appealcruel

unusualexcessive

proven

Court Cases

• Civil Cases– ______________ between two _________ over rights, property,

injury, or agreements– Lawsuit- a person or group brings legal action to collect

_______________ for a harm done.– Plaintiff- the person or group __________ the lawsuit– Defendant- the person or group __________ of the wrongdoing

Disagreement parties

damagesstarting

accused

Civil Case Procedures

• The plaintiff files a ___________ to recover damages or receive compensation

• A ____________ is issued directing the defendant to appear in court for a hearing.

• Case will be heard by a _______ or a _____• Cases can be __________ up to the Court of Appeals or

Supreme Court

lawsuit

summons

judge jury

appealed

Supreme Court

• Factors that influence the Court’s decision to hear a case – Significant _____________ question– ____________ of a fundamental ________– _____________ importance– Agreement of ________ justices

• When a case has been accepted it is added to the docket(__________ showing the _______ of cases for a ________)

constitutional

widespreadfour

protection right

calendarschedule court

Supreme Court• Decisions

– _________ the verdict: Court agrees with the lower court decision

– ___________ the verdict: Court reverses the decision of the lower court

– Remand to the lower court: Court sends back to lower court for a _______ trial

• Court is made up of ________ justices • Appointed by __________ for life• Appointments approved by __________

Uphold

Overturn

new

nine

president

Congress

Supreme Court

• Court Opinions: Supreme Court decisions are accompanied by an _______ explaining why the justices arrived at their decision– _______________ Opinion

• Explanation of why the majority of justices reached the decision – _______________ Opinion

• Explanation of why those justices who disagreed did so

opinion

Majority

Dissenting

Due Process of Law

• 5th amendment- no person shall be _____ “_____, liberty, or property without due process of _____.”

• A person cannot ________ for a crime unless he or she has been ______ tried by the law/court

• 14th amendment- applies due process clause to __________

deniedlife

lawBe punished

fairly

states