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Unit 5: The Judicial Branch
Court Systems & Jurisdictions
Judicial function in the United States is exercised
in a dual court system.
U.S. Courts
State Courts
Handle (have
Handle (have
jurisdiction over)
jurisdiction over)
cases involving
cases involving state
federal law and the matters.
Constitution.
Jurisdiction: The right of a court to hear a
case and make a decision
Original
Appellate
Jurisdiction
Jurisdiction
Authority of a court Authority of a court
to hear a case before to review the
any other court
decisions of the lower
court.
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Unit 5: The Judicial Branch
Powers
Powers of the Judicial Branch
Conduct Trials
Interpret the Law
Hear Appeals
Judicial Review
The power to determine the
constitutionality of laws and
executive acts.
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Unit 5: The Judicial Branch
Checks and Balances
Role of the Judicial
Branch in the System
of Checks and Balances
Judicial Powers
The Judicial Branch
over the Legislative can declare
Branch
Congressional laws
unconstitutional.
Judicial Powers over The Judicial Branch
the Executive
can declare executive
Branch
acts unconstitutional.
Legislative Powers
over the Judicial
Branch
Executive Powers
over the Judicial
Branch
Congress approves
and can impeach
federal judges
The President
appoints federal
judges.
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Unit 5: The Judicial Branch
The Federal Court System
The federal courts try cases involving
federal laws and the Constitution.
U.S. Supreme Court
U.S. Court of Appeals
U.S. District Courts
The Constitution and Laws define the jurisdictions, powers
and structure of the federal courts.
Types of Cases
heard by Federal
Courts:
-Constitutional
Questions
-Cases arises from a law
passed by Congress
(federal law)
-Crime committed on
federal property
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Unit 5: The Judicial Branch
Federal Court System
The Federal Court
System
U.S. District Courts

Only Trial Court
Plaintiff: U.S. Government
Defendant: Accused

1 Judge

Jury

U.S. Court of
Appeals
U.S. Supreme Court
Original Jurisdiction

If unhappy with ruling
in District Court, the accused
needs a legal reason to appeal
to this court.

3 Justices (judges)

No jury

Appellate Jurisdiction

Final court of appeals if
unhappy with ruling in
District Court of Appeals

9 Justices

No Jury

Appellate jurisdiction

Limited Original
Jurisdiction
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Unit 5: The Judicial Branch
Judicial Review
Judicial Review
The power of the Supreme Court to determine if laws made
by Congress and executive acts of the President are
Constitutional.
Marbury
v.
Madison
1803
*Established the principle of
judicial review.
*Established the Supreme
Court as the interpreter of the
Constitution.
*1st time that the Supreme
Court said an act of Congress
was unconstitutional.
Brown
v.
Board of Education
1954
Bush
v.
Gore
2000
*The Supreme Court declared
a state law unconstitutional.
*Racial segregation in public
schools violated the
Constitution
*Violated the 14th
Amendment: All citizens have
equal protection under the
law
*The Supreme Court decided
the outcome of the
presidential election.
*Manual recount of
presidential votes in Florida
would stop
*Recount was
unconstitutional: it could not
be completed by the deadline.
The Supreme Court is the guardian of the
Constitution; checking the actions of the
legislative and executive branches to insure
that they do not violate the supreme law of
the land.
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Unit 5: The Judicial Branch
Principles
Principle
Due
Process
Rights
Where is it
Found?
5th Amendment prohibits
the national government
from acting in an unfair
manner.
14th Amendment prohibits
the states and local
governments from acting in
an unfair manner.
What does it
mean?
The Constitutional
protection against
unfair government
action and laws.
Trial by
Jury
Rights of
the
Accused
6th
Amendment
right to a speedy and
public trial, by an
impartial jury
6th
Amendment
Equal
Protection
under the
law
14th
Amendment
to be informed of the
charges
to cross examine
witnesses
to have witness on
their behalf
assistance of counsel
States can not deny
any person equal
protection. Further
defined that all men
are created equal
The judicial branch interprets the law in order to protect individuals
from the power of the government.
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Unit 5: The Judicial Branch
Criminal Cases
The court determines whether a person accused
of breaking the law is guilty or not guilty of a
misdemeanor, a less serious crime with a punishment of less than a year in jail
or felony, a more serious crime punishable by more than a year in prison.
Procedures for a criminal case
Arrest
Jail or Bail
Arraignment
Preliminary Hearing
Trial
Sentencing
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Unit 5: The Judicial Branch
Criminal Cases
Arrest
Arraignment
Preliminary
Hearing
Trial
(District Court)
Sentencing
Police can place someone under arrest if:
- There is probable cause- reason to believe
someone is guilty of a crime.
- The police officer witnesses a crime.
- An arrest warrant is issued.
Miranda rights must be read: right to remain silent,
to have an attorney
Meeting in front of the judge
Charges are read.
Attorney is appointed by the court if requested
Judge sets bail
Preliminary hearing date is set
Guilty or not guilty plea is entered
Judge reviews probable cause (is there enough
evidence to proceed to trial?)
Trial date is set
Prosecution- Government Attorney
Defense- Accused and Attorney
Jury is chosen
Opening Statements
Witness Testimony and Cross-Examination
Closing Arguments
Jury Instruction
Jury Deliberation- must find the accused guilty
beyond a reasonable doubt.
Verdict
Defendant may appeal a guilty verdict.
If a defendant is found guilty of a misdemeanor or
felony, the judge will sentence them to probation,
prison or to pay a fine.
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Unit 5: The Judicial Branch
Civil Cases
Civil Cases
The court settles a disagreement
between two parties; often over
money or harm to someone’s
reputation.
Plaintiff
Defendant
 Person who feels that
 Served a copy of the
they have been wronged
complaint
 Initiates (begins) lawsuit  Defends themselves
against the complaint
 Files complain to
recover damages or to
 Has to be proven guilty
receive money
by a preponderance
(majority) of the evidence
 Describes plaintiff’s
injury, asks court to order
relief
Disagreement Settled by:
Jury
Judge
 Judge explains law that
 Bench Trial
is relevant in the case
 Determines if defendant
 Determine if defendant is responsible
is responsible
 Determines amount of
 Determine damages or
damages or compensation
compensation
The court decides which side is right or wrong; the decision can be
appealed to Court of Appeals or to the Supreme Court.
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Unit 5: The Judicial Branch
Judicial Review
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Unit 5: The Judicial Branch
Judicial Review