CHAPTER 7
THE JUDICIAL BRANCH
CH. 7 VOCABULARY
1. Crime
2. Criminal law
3. Civil law
4. Common law
5. Constitutional law
6. Precedent
7. Appeal
8. Jurisdiction
9. District courts
10. Court of appeals
11. Justices
12. Judicial review
ORIGINS OF LAW PG. 181
 The Babylonian ruler Hammurabi is credited for putting
together the earliest written collection of laws. Written around
1780 B.C., Hammurabi’s Code was a collection of 282 laws
that set down the rules for both criminal & civil law
LAW
 2 BASIC CATEGORIES OF LAW
Criminal law and Civil law
SOURCES OF LAW
Statutory law
Common law
Constitutional law
Administrative law
U.S. CONSTITUTION
ARTICLE III SECTION 1
 Provides that “ the judicial power of the United States shall be
vested in one Supreme Court , and is such inferior (lower)
courts as the Congress may from time to time…establish.”
 The First Congress used this constitutional power to set up a
system of federal courts. There are 3 levels of federal courts.
THE FEDERAL COURT SYSTEM
PG. 186 & 187
 U.S. District Courts – The lowest level of the federal courts in
the U.S. District courts are trial courts and courts of original
jurisdiction. Original jurisdiction is the authority of a court to
hear & decide a case for the 1 st time. This is the only federal
court where jury trials are held.
 U.S. Court of Appeals – After a trial in district court, the
losing party may appeal to the next level of courts . The court
of appeals has the power to review decisions made in lower
court. This court does not hold trials. Instead, a panel of at
least 3 judges makes a decision on the case.
 U.S. Supreme Court – The highest court in the land which
meets in Washington D.C. It reviews cases that have been
tried in lower federal courts and in state courts. The decisions
of the 9 justices, or judges, cannot be appealed.
THE SUPREME COURT
The highest court in the land which
meets in Washington D.C. It reviews
cases that have been tried in lower
federal courts and in state courts.
The decisions of the 9 justices, or
judges, cannot be appealed.
SUPREME COURT JUSTICES
 The nine justices-a chief justice and 8 associate justices - on
the Supreme Court are appointed for life by the president, but
the Senate must approve these appointments by majority
vote.
1. Chief Justice John G. Roberts Jr.
2. Antonin Scalia
3. Anthony Kennedy
4. Clarence Thomas
5. Ruth Bader Ginsberg
6. Stephen G. Breyer
7. Samuel A . Alito Jr.
8. Sonia Sotomayor
9. Elena Kagan
CHIEF JUSTICE
JOHN G. ROBERTS
 Appointed in 2005 by
President George W. Bush
JUDICIAL REVIEW
PG. 189
The U.S. court system has the power of
judicial review. This power allows courts
to decide whether a law or presidential
action is in agreement with the
Constitution. The Supreme Court holds
the ultimate authority to make the
decision. If a court decides that a law
conflicts with the Constitution, that law
is declared unconstitutional.
JOHN MARSHALL
PG. 190
 John Marshall established the power of judicial review. He
established the power when he served as chief justice of the
Supreme Court from 1801 -1835. Marshall promoted the idea
of judicial review in the case of Marbur y v. Madison 1803.
HISTORIC SUPREME COURT DECISIONS
PG. 190 / R14-R24
 1857 Scott v. Sandford
 1896 Plessy v. Ferguson
 1954 Brown v. Board of Education : in a unanimous decision,
the Supreme Court ruled that segregated schools were not
equal therefore violated the Fourteenth Amendment’s
guarantee of equal protection under the law.