Module 5: The Judicial Branch
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Learning Objectives
1. Describe the judicial branch of government, its source of power,
and type of law made.
2. Discuss how case law differs from statutory and administrative
law.
3. Describe the structure of a typical state court system.
4. Describe the structure of the U.S. federal court system.
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CHECKS AND BALANCES
Source: Education Portal.
http://educationportal.com/academy/lesson
/judicial-branch-ofgovernment-definition-rolepower.html. Accessed
January 16, 2015.
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CHECKS AND BALANCES, cont.
Source: Education Portal.
http://educationportal.com/academy/lesson
/judicial-branch-ofgovernment-definition-rolepower.html. Accessed
January 16, 2015.
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JUDICIAL BRANCH
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Common Law
Judicial
Branch
Common
Law
Case
Law
Judicial
Decisions
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Litigation Terminology
Case
Litigation Lawsuit
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Jurisdiction
• Refers to which court has the authority to decide a case
• Determined by locality and issues of the case
• Specific rules – civil procedure
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Stare Decisis
• Stare Decisis: to stand by a decision
• Precedent: look to the holdings of past cases to decide
the outcome of the current case
• Applies downward, not horizontally
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Res Judicata
• Res Judicata: “a thing or issue settled by judgment”
• When legal remedies have been exhausted, parties can’t
bring the same lawsuit again
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Conflict of Laws
U.S. Constitution (Supreme Law of the Land)
Statutes (made by Congress; must not violate the Constitution)
Administrative Regulations (made by the Executive Branch; must be made under the
authority of a statute and likewise must not violate the Constitution)
Case Law (made by the judicial branch; are subordinate to statutes and administrative
regulations as long as those laws and regulations do not violate the Constitution)
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Source: United States Courts.
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/FederalCourtsStructur
e.aspx. Accessed January 21, 2015.
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Source: United States Courts. District Courts.
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/DistrictCourts.aspx.
Accessed January 21, 2015.
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Source: United States Courts. Courts of Appeals.
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/CourtofAppeals.aspx.
Accessed January 21, 2015.
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Source: United States Courts. Supreme Court of the United States.
file:///var/folders/v8/lyk14wrx4h5_pv7wldqkn9rdd2gt84/T/com.skitch.skitch/DMDC3737BF9-E5D04A42-888B-6AA2AA014869/Supreme_Court_of_the_United_States.png. Accessed January 21, 2015.
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Certiorari
Source: Google.com. https://www.google.com/webhp?sourceid=chromeinstant&ion=1&espv=2&ie=UTF-8#q=certiorari. Accessed January 21, 2015.
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State Court System Structure
Supreme
Court
Appellate
Courts
Trial Courts
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Source: Texas Judicial Branch. Ninth Court of Appeals. http://www.txcourts.gov/9thcoa.aspx.
Accessed January 22, 2015.
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State Court System Structure, cont.
Supreme
Court
Appellate
Courts
Trial Courts
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Texas Court System
Source: https://law.tamu.libguides.com/texascaselaw.
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