HOLT
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CIVICS IN PRACTICE HOLT Chapter 7 The Judicial Branch Section 1: Equal Justice Under the Law Section 2: The Federal Court System Section 3: The Supreme Court ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law The Main Idea The rights of all U.S. citizens are protected by laws and the courts. Reading Focus In what ways is the United States a nation of laws? What are the four sources of law in the United States? What roles do the courts play in the United States? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law A Nation of Laws Society’s rules = Laws Promote the common good Protect You Laws set boundaries or limitations on behaviors ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law Criminal Law refers to the group of laws that define what acts are crimes. A crime is any behavior that is illegal because society, through its government, considers the behavior harmful to society describes how a person accused of a crime ‹#› should be tried in court and how crimes should be punished intended to protect society as a whole HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law Civil Law group of laws that refer to disputes between people you may go to court to settle the matter Civil laws are used to settle a wide range of personal issues Examples-- contract disputes, divorce proceedings, and property boundaries ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT b e g ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law The Main Idea The rights of all U.S. citizens are protected by laws and the courts. Reading Focus In what ways is the United States a nation of laws? What are the four sources of law in the United States? What roles do the courts play in the United States? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law Four types of U.S. laws: 1 Statutory law—passed by lawmaking bodies 2 Common law—judges’ decisions based on common sense, experience, and practice 3 Administrative law—created by government agencies 4 Constitutional law—based on the Constitution and its interpretation by the Court ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Statutory Law Laws that are passed by lawmaking bodies are known as statutes, or statutory laws. Passed by federal, state, & local governments Criminal & Civil Laws represent majority rule the law can adapt to the country’s needs ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Common Law Is followed in situations not covered by existing law Based on A type of law that comes from judges’ decisions that rely on common sense and previous cases. Judges and courts must often make decisions based on customs, traditions, and cases that have been decided before. Precedent- or earlier decision That guides the judges’ decisions in later cases ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT J F K D ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law The Main Idea The rights of all U.S. citizens are protected by laws and the courts. Reading Focus In what ways is the United States a nation of laws? What are the four sources of law in the United States? What roles do the courts play in the United States? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Administrative Law laws that are created by government agencies instead of legislatures Affects our daily lives Ex- An unsafe toy can be taken off the market by the Consumer Product Safety Commission ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Constitutional Law Based on the Constitution and on Supreme Court decisions interpreting the Constitution The Constitution is the supreme law of the United States Prevails over all other laws ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: Equal Justice Under the Law Role of the Courts interpret Use law to settle disputes Criminal cases are between society & the individual Society is represented by an attorney for the gov’t. Civil cases both sides have attorneys Guaranteed by the Assure equal justice for all through fair trials Constitution Right to an attorney, to confront the accuser, & a jury trial Prove “beyond a reasonable doubt” Appeal is the process by which the person asks a higher court to review the result of the trial. ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT l c a i h statutory law common law administrative law constitutional law ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE SECTION 1 HOLT Question: What roles do the courts play in the United States? The Roles that Courts Play provide fair public trials ‹#› ensure equal justice for all HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System The Main Idea The federal court system consists of the three levels of courts, each of which has specific duties. Reading Focus What is the purpose of the U.S. district courts? How are the U.S. courts of appeals different from the district courts? What is the role of the Supreme Court? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT U.S. District Courts Three levels of federal courts Base of the federal court system Each level of the federal court system is given jurisdiction in several different kinds of cases The jurisdiction of a court is the extent or scope of authority that court has to hear and decide a case that has properly been brought before it. Original Appellate ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT original and appellate ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System The Main Idea The federal court system consists of the three levels of courts, each of which has specific duties. Reading Focus What is the purpose of the U.S. district courts? How are the U.S. courts of appeals different from the district courts? What is the role of the Supreme Court? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System Organization of Federal Courts Ninety-four district courts—at base of system; jury trials held here Courts of Appeal—review district court cases; 12 courts of appeal cover circuits; panels of judges make the decisions U.S. Supreme Court—highest court in the land; an appeals court; decisions are final ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT U.S. District Courts cont. lowest level Trial courts Original jurisdiction is the authority of a court to hear and decide a case for the first time. only federal court in which jury trials are held cannot hear appeals 94 federal district courts at least one district court in each of the 50 states and in the District of Columbia ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT U.S. District Judges Judges apply the relevant law to the case conduct both civil and criminal trials All federal judges, except those in U.S. ‹#› territories, are appointed for life by the president and must be approved by the Senate can be removed from office only by impeachment ensures that judges are not punished for their decisions in cases HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT jurisdiction 94 life president Senate ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System The Main Idea The federal court system consists of the three levels of courts, each of which has specific duties. Reading Focus What is the purpose of the U.S. district courts? How are the U.S. courts of appeals different from the district courts? What is the role of the Supreme Court? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System Organization of Federal Courts Ninety-four district courts—at base of system; jury trials held here Courts of Appeal—review district court cases; 12 courts of appeal cover circuits; panels of judges make the decisions U.S. Supreme Court—highest court in the land; an appeals court; decisions are final ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT U.S. Courts of Appeals After a trial in a district court, the losing party may appeal to the next level of courts. appellate jurisdiction- the power to review decisions made by lower courts Every convicted person has the 12 judicial circuits right to take their judges are appointed for life case to an appellate court ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT U.S. Courts of Appeals cont. do not hold trials a panel of at least three judges makes a decision on the case Appellate judges examine the records of the district court trial hear arguments by the lawyers for both sides determine only whether the original trial was fair and if the law was interpreted correctly ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT U.S. Courts of Appeals decision by majority vote May send the case back to the district court for a new trial or may uphold the district court’s decision In most cases, the decision of the court of appeals is final. Sometimes an appeal is made to the U.S. Supreme Court ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT 12 panel uphold to determine whether the original trial was fair and if the law was interpreted correctly ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System The Main Idea The federal court system consists of the three levels of courts, each of which has specific duties. Reading Focus What is the purpose of the U.S. district courts? How are the U.S. courts of appeals different from the district courts? What is the role of the Supreme Court? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System Organization of Federal Courts Ninety-four district courts—at base of system; jury trials held here Courts of Appeal—review district court cases; 12 courts of appeal cover circuits; panels of judges make the decisions U.S. Supreme Court—highest court in the land; an appeals court; decisions are final ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: The Federal Court System Justice=Judge of the Supreme Court The U.S. Supreme Court Reviews cases from lower federal courts and state courts Original Constitutional jurisdiction over: cases involving diplomatic representatives from other countries disputes between states disputes between states and federal government ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Current Supreme Court Justices ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT appealed cases involving foreign diplomats State disputes those between a state and the federal government ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE SECTION 2 HOLT Question: Which cases are tried in federal courts? Federal Court Cases 1. constitutional violations 2. U.S. treaty violations 3. congressional law violations 4. cases between a foreign government and a U.S. citizen or the government 5. crimes committed on U.S. ships at sea 6. cases involving U.S. ambassadors and consuls who broke laws in their stationed countries 7. crimes committed on certain types of federal property 8. disagreements between states or citizens of different states ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Supreme Court The Main Idea The Supreme Court hears appeals, reviews laws, and strongly influences American society. Reading Focus What is the power of the judicial review? What are the constitutional checks on the Supreme Court’s powers? How has the Supreme Court strengthened constitutional rights? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Supreme Court The Power of Judicial Review Judiciary Act of 1789 was declared unconstitutional Courts decide if a law or presidential action is constitutional. Supreme Court has the ultimate power of Established by judicial review. John Marshall lower state and federal courts frequently deal with constitutional issues Marbury v. Madison– Supreme Court Case that established the principle of judicial review ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Supreme Court Choosing Cases Thousands of cases are appealed to the Court each ‹#› year. The Court may decide, with or without a formal written opinion, only about 130 to 150 of those cases. Selected cases that generally deal with important constitutional or national questions Four out of nine justices must vote to hear a case. Previous verdicts stand for rejected cases. The Court may also remand, or return, a case to a lower court for a new trial. HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Hearing and Deciding Cases hears cases by oral argument Lawyers for the parties in a case each have 30 minutes to present their arguments Then the justices spend their time reading written arguments and considering what was said in court Private meeting to vote Each justice has one vote, and decisions are reached by a simple majority. ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Hearing and Deciding Cases After deliberation and voting, the Court delivers its opinion An opinion explains the reasoning that led to the decision The Court’s opinion is binding on all lower courts concurring opinion- statement written by a Supreme Court justice who agrees with the majority’s decision but for different reasons ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Hearing and Deciding Cases dissenting opinion explains why the justice believes the majority opinion is wrong no effect on the law, they are still important Many have later become the law of the land when the beliefs of society and the opinions of the justices change Example- Plessy v. Ferguson separate, but equal ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Supreme Court Supreme Court justices Size of Supreme Court determined by Congress Are appointed by the president and approved by a Senate majority vote. Are appointed for life but may be impeached. No special requirements to be a Supreme Court Justice ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT c c a b Congress ‹#› nine HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Supreme Court The Main Idea The Supreme Court hears appeals, reviews laws, and strongly influences American society. Reading Focus What is the power of the judicial review? What are the constitutional checks on the Supreme Court’s powers? How has the Supreme Court strengthened constitutional rights? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Supreme Court Checking the Court’s Power President appoints, Senate Confirms If the Court rules that a law is unconstitutional, Congress…. Can rewrite laws to make them constitutional Can amend the Constitution to include new laws ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Strengthening Rights Brown v. Board of Education segregation of public schools was unconstitutional. reversed an earlier opinion Plessy v. Ferguson Miranda v. Arizona the police must inform arrested suspects of their rights before questioning them ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT First African American to serve on the Supreme Court ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT a c Congress can change the law write a new law amend the Constitution ‹#› HOLT, RINEHART AND WINSTON SECTION 3 CIVICS IN PRACTICE HOLT Question: How has judicial review strengthened the Supreme Court’s power, and how does Congress limit this power? Limit Judicial Review Strengthen It asserted the Court’s power to declare laws of Congress and presidential acts unconstitutional. ‹#› Congress may pass a similar law abiding by the Constitution or may try to amend the Constitution. Congress HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Chapter 7 Wrap-Up 1. Describe the types of laws that exist in the United States. 2. What services do U.S. courts provide? 3. Which cases are tried in federal courts? 4. How is the federal court system organized? 5. How are appointments made to the Supreme Court, and how long do justices serve? 6. How does the Supreme Court limit Congress’s power, and how does Congress reassert it? ‹#› HOLT, RINEHART AND WINSTON
