The Judicial Branch
Article III of the US Constitution
Vocab quiz Thursday
• Unconstitutional • Judicial review• Extradition• Miranda rights • Parole• Bail• Grand jury• Appeal • Prosecutor• Indictment• Plea deal / agreement • Double jeopardy • Capital punishment
US Court System • State courts: • Jurisdiction over state
laws
• Federal courts: • Jurisdiction over: • US Laws• Foreign treaties • Interpretation of the
ConstitutionConcurrent Jurisdiction:
Shared by the state & federal courts
Involved in disputes between citizens of different states
Federal Courts • Supreme Court• Federal Circuit Courts (part of the Federal Appellate Courts)
• Federal District Courts
Supreme Court Judges Requirements: • Appointed by the
president• Approved by the Senate• Appointed for LIFE• No qualifications • 9 judges
• Removed from office by impeachment: • Treason• Bribery• High crimes &
misdemeanors
Georgia Supreme Court
HUGH P. THOMPSON, Chief JusticeP. HARRIS HINES, Presiding JusticeROBERT BENHAM, JusticeCAROL W. HUNSTEIN, JusticeHAROLD D. MELTON, JusticeDAVID E. NAHMIAS, JusticeKEITH R. BLACKWELL, Justice
http://www.gasupreme.us/sc-op/opinion_lists/2015_opinions.php#0120
Let’s read “The Judicial Branch in a Flash!”
Supreme Court Jurisdiction
• Original Jurisdiction: • Representatives of
foreign governments • Representing a state as
a party in the case
• Appellate Jurisdiction • Court of appeals
How cases reach the court?
• Referred cases of appeals from lower courts
• Writ of Certiorari • http://
dictionary.reference.com/browse/certiorari• [sur-shee-uh-rair-ahy]
• Mostly they see cases where its decision will make a difference, where a plaintiff has suffered real harm, or cases that involve a federal question. (they avoid political issues)
How are major cases decided?
1. brief: details legal arguments, facts, precedents
- Stare decisis – judges are required to respect the precedent est. by a prior court
• Amicus curiae “friend of the court” • http://dictionary.reference.com/browse/amicus+curiae?
s=t
• [uh-mahy-kuh s kyoo r-ee-ee]
2. Lawyers make oral arguments & justices ask questions
3. Justices vote
4. Justices issue opinions
How are major cases decided?
• Opinions: • Unanimous opinion• Majority opinion• Concurring opinion• Dissenting / minority opinion • Per curiam opinion (“by the court”) • http://dictionary.reference.com/browse/certiorari
• [per kyoo r-ee-am]
• Opinions are based on law, not personal opinions
Court Decisions
• Decisions based off of : • Judicial review• Interpreting laws• Overruling or reversing
its previous decisions • Example: • Plessy v Ferguson• Brown v. Board of
Education
Checks & Balances
• Marbury v. Madison 1803 • Gave the Court power to
review acts of Congress (Judicial Review)
• Can declare laws of Congress & acts of the President unconstitutional
Criminal Cases
• Two types of juries: • Grand jury: hears charges
against a person • Trial jury: weighs the
evidence presented at trial
• Court of Appeals: • May decide to:• uphold the original decision• Reverse the decision• Send the case back to be trial
again
General Criminal Trial Terms
• Miranda Rights • Indictment• Bail• Capital punishment• Double jeopardy• Plea agreement
What did you learn from Ice T??
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