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
Laws
 2 types of laws: Criminal law and civil law
 Crime: behavior that is illegal b/c society
considers the behavior harmful
 Criminal law: refers to the group of laws that
define what acts are crimes
 describes how a person accused should be tried
and punished
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Laws
 Civil laws: group of laws that refer to
disputes between people.
 Contract disputes, divorce proceedings, property
boundaries
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 1: Equal Justice Under the Law
Four types of U.S. laws:
 Statutory law (statutes)—passed by lawmaking bodies
 Represent majority rule
 Common law—judges’ decisions based on common sense,
experience, and practice (precedent)
 Administrative law—created by government agencies (similar
to statutory laws)
 Health, safety, education, banking, etc
 Constitutional law—based on the Constitution and its
interpretation by the Court
 Gideon vs. Wainwright: free legal aid
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 1: Equal Justice Under the Law
Role of the Courts in the United States
 Use law to settle disputes
 Assure equal justice for all through fair trials.
 Representation
 Criminal cases: Right to confront the accuser and jury trial
 Always innocent until proven guilty
 Appeal process: person asks a higher court to review
the result of the trial
‹#›
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
Section 2: The Federal Court System
Cases tried in the federal courts:
 Cases involving people charged with
disobeying the Const.
 Charges brought by a foreign country against
the U.S. or its citizens
 Crimes committed on U.S. ships at sea
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 2: The Federal Court System
Cases tried in the federal courts: (continued)
 Ambassadors and consuls charged with
breaking laws in a foreign country
 Crimes committed on certain federal
properties
 Disagreements between the states
 Lawsuits between citizens of different states
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 2: The Federal Court System
Organization of Federal Courts
 3 levels of federal courts.
1. U.S. Supreme Court
2. U.S. court of appeals (each circuit has its own court of
appeals)
3. U.S. district courts in all states (lowest level)
 94 district courts divided into 12 judicial circuits
 2 types of jurisdiction (authority)
 Appellate
 original
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
U.S. Federal Districts
 District or Trial courts – original jurisdiction
(hear and decide a case for the first time)
 Only court trials are held
 Only court where jury trials are held
 Cannot hear appeals from other courts
 “local” courts – at least 1 district court in each
state
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
U.S. District Judges
 Federal District judges are trial judges
 Conduct civil and criminal trials w/or w/out
juries
 Appointed for life by the president and must
be approved by the Senate
 Removed only by impeachment by Congress
and the salary cannot be lowered
 Protects judges from punishment for decisions
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Court of Appeals
 Appellate jurisdiction (power to review decisions




‹#›
made by lower courts)
Do not hold trials – review the records of district ct.
trials and hear arguments by the lawyers of both
sides
They determine if the original trial was fair and if the
law was interpreted correctly
Judges reach a decision by majority vote
May send the case back for a new trial/uphold the
decision
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 2: The Federal Court System
Role of the Supreme Court
 Highest court in the land
 Reviews cases from lower federal courts and state
courts
 9 justices/judges – cannot be appealed
 Constitutional jurisdiction over:
 diplomatic representatives from other countries
 disputes between states
 disputes between states and 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
Process through which cases are tried
in the Supreme Court:
 Thousands of cases are appealed to the Court each




‹#›
year.
One hundred to 200 cases are selected for the docket.
Selected cases contain significant public interest or
questions.
Four out of nine justices must vote to hear a case.
Previous verdicts stand for rejected cases.
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 3: The Supreme Court
Supreme Court justices
 Are appointed by the president and approved
by a Senate majority vote.
 Are appointed for life but may be impeached.
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 3: The Supreme Court
Judicial review has strengthened the
Court’s power.
 Courts decide if a law or presidential action is
constitutional.
 Supreme Court has the ultimate power of
judicial review.
‹#›
HOLT, RINEHART
AND
WINSTON
CIVICS IN PRACTICE
HOLT
Section 3: The Supreme Court
Congress can limit the Court’s power.
 Can rewrite laws to make them constitutional
 Can amend the Constitution to include new
laws
‹#›
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