Name:______Date:______Period:______

Chapter 7 “The Judicial Branch”

“The Federal Court System”

  • Equal Justice for All
  • The courts use the law to settle ______or decide the guilt or ______of a person
  • A ______dispute is between two private parties
  • To speed up the civil process, a ______ may be issued. This is a decision made on the basis of statements and evidence presented for the record ______.
  1. In a ______trial, a law is broken- witnesses present evidence and a jury or judge delivers a verdict.
  • Equal Justice means that we must treat every person the ______.
  • This comes from the principle of ______ which prevents an abuse of government power and provides for ______. (No one is above the law)
  • All people are guaranteed:
  • A public ______, in a TRIAL COURT.
  • An ______even if they cannot afford one
  • The idea that they are considered ______until proven guilty
  • The right to ask for an______of their case if the courts have made a mistake
  • The Federal Court System
  • The role and powers of our federal court system are discussed in Article ____.
  • This article also gives ______the power to establish lower courts.
  • In 1789, Congress passed the ______which created district courts and circuit courts of appeals.
  • In 1891, Congress created a federal system of ______courts
  • There are three levels of federal courts
  • Top:______
  • Middle:______
  • Bottom:______
  • State Court System: There are ______separate court systems at the state level (each state has their own court system)
  • Federal Court Cases
  • ______is the court’s authority to hear a case. Article ____ of the Constitution gives our federal courts the jurisdiction to hear eight different kinds of cases.
  • Cases involving the Constitution: Any case where a person believes that a ______has been violated.
  • Violations of Federal Laws: Any case where the government accuses a person of a ______.
  • Controversies Between States:Any case where ______have disagreements are settled in federal court.
  • Disputes between Parties of Different States:Any case where citizens of different states have disagreements are settled in federal court.
  • Suits Involving the Federal Government: Any case where the Federal Government ______any party (individuals or companies) or is ______by any party.
  • Cases Involving Foreign Governments and Treaties: Any case where there is a dispute between the ______(or American private party) and a foreign government.
  • Cases Based on Admiralty and Maritime Laws: Any case that concerns ______or ______on the high seas (“exclusive jurisdiction”)
  • Cases Involving U.S. Diplomats: Any case that concerns an _______working in a U.S. Embassy overseas is heard in Federal Court.
  • Relation to State Courts
  • _______means only federal courts may hear such cases
  • _______means that they share authority between state and federal courts
  • Cases where citizens of different states are involved in a dispute over $50,000 may be tried in ______court.

“How Federal Courts are organized”

  • US District Courts
  • The federal court system is a pyramid
  • ______________are where trials are held and lawsuits begin
  • Each state has at least ________ district court and sometimes more.
  • District courts have ______________which means that cases must

begin there.

  • District courts are responsible for determining the facts of a case. They are the trial courts for both ________and _______ cases.
  • _______courts are the only courts where witnesses testify, juries hear cases and verdicts are reached.
  • US Court of Appeals
  • A large percentage of people who lose their cases in a district court _______to the next highest level
  • US Court of Appeals=Appeals Courts=Circuit Courts of Appeals=Appellate Courts (all mean the same thing)
  • The job of the _________court is to review the decisions made in a lower district court
  • Appeals courts have _______ (authority to hear a case from a lower court)
  • Appeals courts can also review _____________if the people or groups involved believe the agency acted unfairly
  • In order to appeal a case:
  • The _______applied the law incorrectly
  • The ________used the wrong procedure
  • New __________ turns up
  • _________ were violated
  • There are _______circuits of US Courts of Appeals
  • Florida is in the ________Appeals Circuit
  • A _______is a particular geographic area
  • There is a 13th Appellate Court, The Court of Appeals for the Federal Circuit, which has nationwide jurisdiction
  • How Appeals Courts Make Decisions
  • Appeals courts do NOT hold _______ (there are no witnesses, no testimony, no guilt/innocence decided)An Appeals Court may do one of three things:
  • ______original decisions
  • ______that decision
  • ______or return the case to the lower court.
  • A panel of three or more judges review the record of the case being appealed
  • They make a decision by a majority vote
  • The appeals court decision is final unless it is appealed to the ___________.
  • Appeals judges do not decide guilt or innocence, they decide if the defendant’s _______have been protected and if they received a ______ trial.
  • Announcing the decision
  • When a decision is made, one judge writes an ________, which is a detailed, legal explanation
  • The decision in this appeal sets ________, which gives guidance for future cases
  • Federal Judges
  • There are over 550 federal judges
  • Each district has at least ___ judges
  • Appeals courts have from 6-27 judges
  • The US Supreme Court has ____ Justices
  • Federal judges are appointed by the ______and confirmed by the ______
  • _______is where the President submits a name to the Senators from a candidate’s state before official submission
  • Federal judges can serve for ______
  • However, judges can be ______and removed from their position.
  • Federal judges have ______ to help federal judges by taking care of routine work like court orders, small cases, warrants and preliminary hearings
  • Each district also has a ______ to represent the government and prosecute people.
  • They serve under the Attorney General, who heads the ______Department.
  • _______(appointed by the ______)also assist by making arrests, collecting fines, taking convicted people to prison, and serving ______(which is a ______) requiring witnesses to appear in court.

“The US Supreme Court”

  • The US Supreme Court Justices
  • Main Job of the Supreme Court: ______
  • Judges who serve on the Supreme Court are called ______
  • The Supreme Court has original jurisdiction in only TWO instances
  • Cases involving ______from foreign nations
  • Cases in which a ______is involved
  • In all other cases, the Supreme Court is an ______.
  • The decisions of the Supreme Court are binding in all cases and is the ______.
  • The Supreme Court is made up of _____ justices (___ Chief Justice and ____ Associate Justices)
  • Our current Chief Justice is ______
  • Main Duty of the Supreme Court Justices is to: ______.
  • Thousands of cases are appealed and they decide which cases they’d like to hear.
  • Selection of Justices
  • As a part of “checks and balances”, the ________ has the task of appointing Supreme Court Justices.
  • Once appointed, all justices must be confirmed by the ______.
  • Background of the Justices
  • All Supreme Court justices have been _______(practicing or teaching law) or judges in lower courts.
  • First African-American Justice: ______
  • First Woman Justice: ______
  • First Hispanic Justice:______
  • Powers of the Court
  • The Supreme Court has the power of ______(the power to decide if any local, state, or federal law goes against the Constitution)
  • They also have the power to “nullify” (or ______) that law…
  • In 1803, the Supreme Court claimed this ______with the case of “Marbury vs. Madison”.
  • Prior to this case, this power was NOT granted to the Supreme Court and judicial review is not mentioned in the Constitution.
  • System of Checks and Balances
  • Court and President (can declare Presidential actions as unconstitutional)
  • Court and Congress (can declare laws made by Congress as unconstitutional)
  • Interpreting the Constitution – the Supreme Court is the final authority on the US Constitution. What THEY say goes!
  • Interpreting Laws-the Supreme Court also interprets the laws that Congress makes, especially if they are written in vague (non-specific) way.
  • Limits on the Court’s Powers – the Supreme Court relies on the ______and ______to enforce their rulings. As a part of our system of ______, no one branch can force the other into doing one thing or another.
  • Example - In 1832, President Andrew Jackson______to enforce the ruling in the case of “Worcester vs. Georgia”.
  • The Supreme Court ruled that Georgia could not regulate the Cherokee Nation as a result of laws and treaties – but Jackson refused to acknowledge their ruling.
  • The Supreme Court was powerless to do anything more…
  1. Congress can make a new law to “get around” Supreme Court rulings.
  2. Congress and state legislatures can try to add amendments to alter the Constitution and their ruling.
  3. Congress also has the power to impeach and remove justices from the Supreme Court
  4. Can only rule on cases that come to it via the appeals process.
  5. Traditionally, the Supreme Court has stayed out of political issues (except Election of 2000)

Deciding Cases at the Supreme Court

  • Supreme Court in Action
  • In session - October – June or July
  • Every two weeks, they take “recess” (____________)
  • Trial Court and Appeals Court
  • The Supreme Court is both a ______and an ______
  • The disputes that have their original trials heard here are:

-Where ______

-Cases involving states

  • Acceptance
  • ___ of ____ justices must agree to hear the case
  • An attorney will file a “Cert Petition” to request that their case be heard.
  • If the Supreme Court agrees to hear the case, a ______ is issued.
  • Once the writ the issued, the case goes on the “______” or court calendar.
  • Less than 200 out of more than 7,000 are accepted
  • They listen to constitutional and legal issues not political issues – also ones that affect the entire country
  • Most cases that are accepted involve important constitutional issues (freedom of speech, equal protection, etc)
  • Most also deal with legal issues, not political issues…
  • Steps in Decision Making
  • Once a case is accepted, each side prepares a “brief”______
  • Next, lawyers from each side present “oral arguments” that are _____ minutes long to summarize their case
  • Conference
  • Majority required - At least 6 out of 9 must be present: this is called a “______”.
  • They meet in secret
  • All cases are decided by a majority vote
  • Opinion Writing
  • “______” state the facts of the case, announces the ruling, and explains the reasoning
  • Majority Opinion: presents the views of the ______
  • Dissenting Opinion: ______ with the majority
  • Concurring Opinion: vote with the ______, but for a different reason
  • After the Opinions are written, the Court announces its decision
  • Reasons for Court Decisions
  • The Law
  • Stare decisis which means______
  • May realize that the law should adapt to fit the times
  • Should consider precedent when making a decision
  • Must sometimes clarify the “meaning” of the Constitution
  • In Bush v Gore, the Supreme Court decided that it did not have the ______(power) to hear cases based on state elections and granted the power to the state of Florida to decide the ruling on this case.
  • Social Conditions
  • New interpretations
  • Plessy v Ferguson: ______facilities for whites and African Americans
  • Brown v Board of Education ______the separate but equal precedent as violating equal protection under the 14th Amendment.
  • Legal Views
  • Varying views of the laws and the role of the Court
  • The Supreme Courts acts an ______, which means that their decisions are not influenced by the other two branches of government.
  • Personal Beliefs: Despite their best efforts, justices are human beings and make decisions based on their experiences.