The Judicial Branch

(Carries out the laws and interprets them)

3 Types of Courts

Judicial System

Supreme Court State Courts Local Courts

Supreme Court Justices

• There are eight associate justices and a Chief Justice. ( 9 total, why?)

• The Chief Justice is the nation’s highest judge and is in charge of the other eight judges.

• Supreme Court justices are appointed by the President but must be approved by the Senate.

• The justices hold their seats for life unless they resign, retire, or are impeached.

Supreme Court Jurisdiction

• The Constitution gives them jurisdiction over two types of cases which are: (1) those that involve two or more states and (2) those that affect ambassadors or other public ministers.

• Are laws unconstitutional?• About 5,000 cases are appealed to the Supreme

Court each year, with only about 200 of them being heard. Why do you think so many cases are rejected?

State Courts

• Most states have four types of minor courts to handle less serious problems.

1. Justice of the peace courts- also known as “magistrates or police courts”, they hear traffic violations, family and neighborhood disputes, and all other minor violations.

2. Small claims court- when relatively small amounts of money are involved( refusal to refund, property damage), you take them to small claims court. These courts provide a fast, low-cost means of resolving civil conflicts.

State Courts(Continued)

• 3- Juvenile Court- depending on the state for people 16 or 18 years of age or younger.

• The goal of these courts is to correct the young person's behavior before more serious offenses occur.

• In these courts, the judges have the power to: (1) dismiss charges, (2) suspend sentences, (3) place the offender on probation, (4) assess fines, or (5) sentence the individual to a reform school or work camp.

• 4- Domestic relations court- also known as “family court”, settle family disputes regarding neglect, desertion, abuse, etc.

Types of Jurisdiction

1. Exclusive- applies when a case may be heard only in a certain court. ( federal tax court-IRS)

2. Concurrent- cases that involve matters within jurisdiction of both federal and state courts. The plaintiff( person bringing the suit can chose where case is heard).

3. Original- when a court has the right to hear a case for the first time.

4. Appellate- when a court receives cases on appeal from a lower court.

Criminal Cases

• A criminal procedure must be brought when an individual stands accused of committing an illegal act.

1. Misdemeanors- minor offenses punishable by a small fine or imprisonment of less than a year. ( Examples include: petty theft, drunkenness, cruelty to animals, gambling, and reckless driving)

2. Felonies- offenses serious enough to warrant heavy fines, long prison time, or even the death penalty. ( Examples include: grand theft, aggravated assault, arson, kidnapping, rape, and murder.)

Judges and what they do!

• Judges who serve in the state/local courts gain their offices either by election or by appointment.

• All federal court judges are appointed by the President.

• Terms- Federal judges carry a life sentence while state courts vary from 6,8,10 year terms depending on the state.

The Judge’s Job's)

1. Ruling on points of law2. Determining whether evidence should be admitted3. Conducting the complex mechanism of a trial4. Studying legal briefs5. Balancing the rights and needs of society against

those of a defendant6. Choosing between conflicting precedents7. Setting a reasonable sentence8. Giving clear and proper instructions to the jury9. Maintaining a calm and dignified manner no matter

what happens in the courtroom.

Steps of a trial (6)1. Summoning witnesses- each party has the right to ask for

appearance of its own witnesses at a trial.2. Setting a trial date- Heavy case loads may delay the court date

by up to two years. ( sometimes it is to everyone’s advantage to settle quickly before the case goes to trial.)

3. Selecting a Jury- court officials select the jury from a group of citizens. ( jury duty)

4. Conducting the trial- opening statements, witness testifies, evidence is presented, and then closing statements.

5. Reaching a judgment- jury meets as a group to discuss aspects of case and make a decision. ( guilty or not guilty)

6. Establishing judgment- at the end of the trial, the judge also issues court orders to ensure that the parties in the case obey the court decision.

Types of Juries

• Grand Jury- studies the evidence, hears witnesses and finally approves or disapproves the bill of indictment. The grand jury also has the right to investigate suspicious of wrongdoing. The size of a grand jury may range from 6 to 23, depending on the state. They are taken from the regular pool of jurors.

Petit Jury

• Also known as the “trial jury”

• They listen to all the pieces of the case over the course of the trial and then vote on the verdict.

• Some cases drag on and take weeks to solve. The jury must remain alert to all the twists and turns of the testimony.

Other Court Powers1. Judicial Review- review actions taken by the

executive/legislative branches of government. ( are certain things a violation of the Constitution?)

2. Habeas Corpus- an imprisoned person has the constitutional right to know why he/she was jailed and also have a speedy trial.

3. Injunctions- are legal orders that either, (1) forbids a certain action or (2) orders that a particular action be taken.

4. Writs of mandamus- court order that forces government officials to fulfill their public duty. Example is: a police department protecting a minority group during a tense period of racial conflict.

5. Warrants- requires court permission before police officers can act. These warrants may also set limits on the conditions under which these actions may be carried out.

6. Contempt of court- an enforcement power that allows them to make sure a judge’s orders will be obeyed. Contempt citations carry the threat of fine or imprisonment.