The Judicial Branch
“I would rather see 10 guilty men go
free than one innocent man jailed.”
Major Judicial Principals
Equal Justice Under the Law- all laws must be
fair
Prohibits:
• Bill of Attainder: a law that inflicts punishment
without a trial
• Ex Post Facto: a law that provides punishment
of a crime committed before the law was
passed
Major Judicial Principals
Due Process- government must act according to
established laws
• Federal and state government must make sure
all procedures are fair
• Government must act according to the
Constitution.
Major Judicial Principals
Presumption of Innocence- “innocent until
proven guilty”
• Burden of proof lies with the prosecution
Adversary System- equally balanced, two sided
cases
• Defendants have the right to cross examine
witnesses
• Defendants can call their own witnesses
Types of Laws
• Civil Law- Disputes between two or more
individuals or individuals and the government
• Criminal Law- Defines a crime and provides
for its punishment
• Constitutional Law- Relating to the
interpretation and application of the
Constitution.
Types of Jurisdiction
• Original- the authority of a trial court to be 1st
to try a case
• Appellate- the authority to hear a case that is
appealed from a lower court.
• Exclusive- the power of the federal courts
alone to hear cases
• Concurrent- the authority of both state and
federal courts to hear cases
Federal Court Jurisdiction
• Ambassadors and other representatives of
foreign governments
• Two or more state governments
• US government or one of its offices
• Citizens of different states
• A state and its citizens and a foreign country or
one of its citizens
You Try It!
Apply the information in your notes
to the scenarios given.
The Supreme Court
Jurisdiction
• Original Jurisdiction
– cases involving representatives of foreign
governments
– cases involving conflicts between states, or a
state and the federal government
• Appellate Jurisdiction
– Judicial Review
– overruling or upholding previous decisions
How Cases Reach the Supreme
Court
• Appeal (10%)
– ruling from lower federal court or highest state
court ruled a law unconstitutional
• Writ of Certiorari (90%)
– order from the Court to a lower court to send
up records for review
– either side may petition the court for it
Steps in Deciding Cases
• Submitting Briefs
– written statement setting forth legal arguments,
relevant facts, and precedents supporting their side of
the case
– amicus curiae: “friends of the court” may also submit
briefs
• Oral Arguments
– each side is allowed 30 minutes (strictly followed)
– justices often interrupt to ask questions or clarify
points
Steps in Deciding Cases
• Justices must consider:
–
–
–
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The facts of the case
The Constitution
Precedents (previous court rulings)
Arguments made by both sides
• Conference
– meet on Friday to discuss cases heard
– 6 justices must be present to render a decision
– in a case of a tie, the lower court’s ruling stands
• Written Opinion
– explains the facts of the case, ruling, and reasoning
– 4 types of opinions
 unanimous (hardest to overturn)
• majority
• concurring
• dissenting
Judicial Review
Judicial review is the power of the
courts to declare acts of the
legislative and executive branches of
government null and void.
Judicial review is based on 3 ideas:
• the Constitution is the Supreme law
• acts contrary to the Constitution are null
and void
• the courts are responsible for
determining if acts violate the
Constitution
The Supreme Court exercises its
power of judicial review over:
• Congressional legislation
• Presidential actions
• state legislation and state court rulings
Restrictions on Judicial Review
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•
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the live controversy rule (hypothetical cases)
the standing to sue doctrine (must be directly
effected)
the doctrine of political questions (elected
officials)
Rules for Interpretation
Conservative View
• Literal Interpretation: based on the wording of
the Constitution
• Judicial Restraint: the Supreme Court should
not make public policy and only take action
when the Constitution is clearly violated
Rules for Interpretation
Liberal View
• Original Intent: based on the intentions of the
founding fathers
• Judicial Activism: the Supreme Court should
rule on Constitutional questions and public
policy as much as possible