The Judicial BranchThe Judicial Branch

US Court SystemUS Court System• Article III of the Constitution created

The United States Supreme Court• Authorizes Congress to create all

US Courts below Supreme Court• 12 Appeals Courts, 94 District Courts • Special Courts & Military Courts

United States Supreme CourtUnited States Supreme Court• Highest Court in the United States,

Hear appeals from lower courts• 9 Justices – Appointed by President

and confirmed by the Senate• Serve for “Life or Good Behavior”• Ultimate Authority on Constitutionality

Hearing CasesHearing Cases• 7,000+ Appeals Every Year

• Justices choose to hear less than 200 cases

• 4 of 9 Justices must agree to hear a case

• Important, Constitutional Issues that canaffect the entire country

Case ProcedureCase Procedure• Written Arguments: Submitted by each side• Oral Arguments: Made in front of all 9 Justices• Conferences: Secret meetings between justices• Writing Opinions: Senior Judge in Majority either Writes or assigns Majority Opinion. Others can write Concurring or Dissenting Opinions

Judicial ReviewJudicial Review•The Power to declare a Law passed by

Congress to be Unconstitutional• This power is NOT given to the Supreme

Court in the Constitution• The Court claimed this power in 1803, while

deciding the Case, Marbury v Madison

Marbury v Madison, 1803Marbury v Madison, 1803• During his last weeks in office, President

John Adams appointed William Marbury to be Justice of the Peace for Washington DC

Marbury v. Madison, 1803Marbury v. Madison, 1803

• Thomas Jefferson becomes President• His Secretary of State, James Madison

refuses to deliver Marbury’s commission

Marbury v. Madison, 1803Marbury v. Madison, 1803• Judiciary Act of 1789 had expanded the Power

of the US Supreme Court• Marbury takes Madison to Court, and asks

the Court to issue a writ, compellingMadison to deliver the Commision

VSVS

Marbury v. Madison, 1803Marbury v. Madison, 1803• Chief Justice John Marshall believed that

Marbury should get the job• Afraid if he issued the writ, that Jefferson

and Madison would ignore it, and reducepower and prestige of Supreme Court

• Instead, he said that the1789 law gave the courtpowers beyond Article IIIand was thereforeUnconstitutional

• Established Principle ofJudicial Review

Types of Law: Criminal LawTypes of Law: Criminal Law

• The Government charges a Person with a Crime

• The Government must prove that a Person is guilty beyond a reasonable doubt

• Punishment = Prison and/or fines

Types of Law: Civil LawTypes of Law: Civil Law• A Person or Government sues another

Person or Government• The side that can convince a judge or jury

of their position with a preponderanceof evidence is the winner

• Winning side receives money

Types of CourtsTypes of Courts

• Courts of Original Jurisdiction:Lowest level, where original trials are held. Usually have Judge & Jury

• Appellate Courts:Hear appeals from lower Courts. Casesare heard by a panel of Judges.No Juries in Appellate Courts

State and Local CourtsState and Local Courts

• All 50 States have their own court systems

• States have District, Appeals and theirown Supreme Courts

• Appeals from State Supreme Courts areheard by the US Supreme Court

• Cities and Towns may have local trialcourts