the judicial branch article iii of the us constitution

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??