The Judicial Branch:
Chapter 10.1
The Role of the Federal Courts
Laws and Courts
100’ s of Federal Courts
Interpret the laws
Follow the laws
The legal system settles
disputes
What the Courts do …
(or, what it do brother?)
Resolve legal conflicts, either
Criminal –> answers …
1. Who is guilty or innocent
2. Punishment – to be either $$$,
service or incarceration
Answers
What Courts do …
(or, what it do brother? … cont.)
Civil cases:
1. Broken contracts
2. Real estate
3. divorce
4. Constitutional Rights
Usually ends up answering … how much?
for a settlement.
Civil and Criminal case may end in
the Supreme Court for a hearing
The Parties in the Conflict:
A typical Civil Case Plaintiff (s) – an individual or group of
people who bring a complaint against
another party
Defendant(s) – the party that answers a
complaint and defends against it
The Parties in the Conflict (cont.):
In a CRIMINAL CASE:
Prosecution –a government body that
brings a criminal charge against a
defendant who is accused of breaking the
law
The prosecution is referred to as “The
People” represented by the government
lawyer known as a prosecutor
Law and the Real World p. 268
Read:
 Violent video games & free speech
Discuss:
Applying the Law
1. Analyzing Information
2. Support a Point of View
Members of the Court
 The Judges apply the law …
 Determine which side is keeping with the law
 Judge is neutral and directs the proceedings
 JURY- in many cases, decides the facts of a case
1. What happened
2. Who did it
 Trial by jury is a Constitutional right!!
Interpreting the law
 A process …
 Courts decide what the law in question means
 Decision has broad effects and can set a
PRECEDENT- a guide line for how all similar cases should
be decided in the future
 Makes the meaning of the law clearer
 Determines how the law should be applied, both inside and
outside the legal system
 e.g. Brown v Board of Education
READING CHECK, page 268:
Who are the parties in civil
and criminal trials?
State Courts & Federal Courts
*Interconnected Court Systems *
State -legal cases begin here, also
called the “lower courts”
Federal  establish broadest
precedents
State Courts & Federal Courts
(cont.)
Different levels and purposes at the State level
 Traffic courts
 Juvenile courts
Municipal Courts = city level
1. Small sums of money(Small Claims Court)
2. Misdemeanors/traffic violations
MOST OF OUR LAWS THAT GOVERN EVERYDAY
LIFE ARE STATE AND LOCAL LAWS
JURISDICTION
ORIGINAL JURISDICTION –
WHERE THE COURT CASE GOES FIRST AND HAS THE
AUTHORITY TO HEAR A CASE FIRST
1.
2.
3.
4.
DETERMINES THE FACTS
TRIAL BY JURY, OR …
CERTAIN CASES – JUDGE HEARS IT ALONE
TRIAL TO RESOLVE IN ORIGINAL JURISDICTION ARE
CALLED “TRIAL COURTS”
JURISDICTION (CONT.)
APPEAL - >
1. Happens when plaintiff or defendant believe outcome is
unjust
2. Ask a higher court review the decision and determine if
justice was done.
3. In each state there are appeals courts to hear these case
from the lower state courts which have-
JURISDICTION (CONT.)
APPELLATE JURISDICTION =
authority to hear an appeal (appeals court)
1. No trial heard
2. Reviews legal issues involved
3. Determines if law was applied fairly
AND…
4. If due process was followed
JURISDICTION (CONT.)
Appeals court may
1. Affirm (let stand) lower court decision, or …
2. Reverse  unfair, may, call for a new trial to be
held in the original jurisdiction
3. If plaintiff is innocent  the prosecution may
not appeal = double jeopardy
4. Appealed  State Supreme Court
JURISDICTION (CONT.)
APPEALS (cont.)
1. Process may go beyond first appeals court
2. Final court of appeals is the State Supreme
Court
3. Most States have three levels:
 Trial Court
 Appeals Court
 Court of Final Appeals
Analyze charts - page 269
Review the chart and the data …
THE RANDOM STUDENT SELECTOR
WILL CHOOSE TWO LUCKY
CONTESTANTS TO ANSWER:
1. ANALYZE –
2. APPLY -
FEDERAL COURTS
 Cases heard
1. Federal laws and issues beyond authority of
individual states Where Federal Courts have
“original jurisdiction”
2. Cases appealed from state supreme courts




Federal law
Constitutional issues
Heard only by the Supreme Court
Gives SCOTUS and federal judicial branch leadership role in
our judicial system