The Judicial Branch
Chapter 18
Judicial Branch
4 Final part of the government
4 Interprets the laws
– Determines right or wrong
– Checks for fairness of the laws
– Punishes offenders
4 Courts make up the judicial branch
4 Least understood branch of the government
Criminal Law vs. Civil Law
4 Criminal law – accused of breaking a law
– Punishment can be community service, fines, jail
time…death penalty (where that is used)
– Jury must find accused “guilty beyond a
reasonable doubt”
4 Civil Law – when someone sues someone else
– If found guilty or “responsible” – owes money
• Cannot end up in jail from these types of cases
– Jury: “preponderance of the evidence” Meaning?
Felony vs. Misdemeanor (Criminal)
4 Felony – most serious offenses
– Murder, rape, arson, burglary, aggravated
assault
4 Misdemeanor – less serious, but still serious
offenses, involves a trial
– Assault, DUI
4 Summary offenses – least serious, usually
only fines, not usually a trial
– Disorderly conduct, public drunkenness,
Miranda Rights
4 Rights of the accused when arrested
– Right to remain silent
– Right to a lawyer
• Public Defender if can’t afford one
4 Came from Supreme Court case
– Miranda v. Arizona, 1966
A Legal term…
4 Writ of habeas corpus
– Arrested person must know the reason arrested
(charges) through the arraignment (court
hearing when charged )
– Federal and state gov’ts can only suspend this
right in times of rebellion or crisis
• Examples: during riots or during a war
Lowest level courts
4 Looks the same for both federal and state
courts
4 1 judge with or without a jury
– Defendant decides about jury
4 Prosecutor brings charges & makes case
4 Defense attorney argues other side
4 (Civil cases – plaintiff vs. defendant)
4 Verdict determines fate
Two types of Courts
4 Federal Courts
– Jurisdiction: cases involving federal laws
• & certain parties
– Our closest Federal court is in Philadelphia
– Examples:
4 State Courts
– Jurisdiction: cases involving state or local laws
– Media Courthouse is a state court
– Examples:
Federal Courts
4 Inferior Courts – defined by Congress
– Constitutional Courts – federal courts below the
Supreme Court – includes US Court of
International Trade
– Special Courts – deal with certain issues
• Federal Claims, Tax Court, Territorial Courts,
Appeals for the Armed Forces & for Veterans
Claims, & for DC
Supreme Court
4 Highest Court in the United States
4 Justices to Supreme Court – Today = 9
– Appointed by the President
• Confirmed by the Senate
– Appointed for life…or until retirement
• Can be impeached for wrongs/ behavior
– Head Justice is the Chief Justice
Supreme Court Cases
4 Most cases come to them on appeal
– Came up from either lower federal courts or
from states courts
– Usually challenging certain rights
– Often 14th Amendment questions
4 Some involve Judicial review
– interpretation of the law
– Determine constitutional or unconstitutional
4 Also hear cases involving the government
– Gore v. Bush, 2000
Selection of Federal Judges
4 Nominated by the President
4 Confirmed by the Senate
4 “senatorial courtesy” – consults with
senators of state where position is located
4 Will also consult with Attorney General
4 Also appointed for life except on Special
Courts have terms of 8-15 years
– DC courts have terms of 4 – 8 years
President Andrew Jackson
4 7th President of the US, 1829-1837
4 1st to ever defy a Supreme Court ruling
4 Cherokee Nation v. Georgia
– Cherokee won the right to stay on their land in
Georgia – Chief Justice John Marshall
– Jackson ignored ruling & sent Army to move
them to Oklahoma
4 “Trail of Tears” – journey of the Cherokees
– At least 4,000 died during walk, little supplies