Judicial Branch

5 Steps Supreme Court Takes

1. Requested/Appealed- only about 150-200 accepted 2. Placed on docket- 1st two weeks of month they read/ listen to both sides' arguments. 3. The last two weeks of the month Justices get together in conference to vote on cases 4. Write their opinions 5. Make their opinions/ruling public

8 Instances Federal Court Hears Case

1. federal crimes 2. admirality & maritime 3. unconstitutionality 4. disputes invovling the US government 5. controversies between states 6. controversies between citizens of different states 7. disputes involving foreign government 8. US ambassadors and such break American law in another country

Senate

Approves presidential appoints of judges

Jurisdiction

Authority to hear and decide on a case

Marbury vs. Madison

Case: Jefferson wouldn't pass some of Adams commissions. Importance: established the Supreme Courts power of judicial review.

Criminal and Civil Cases

Civil cases involve private disputes between persons of organizations, where as criminal cases involve an action that is considered to be harmful to society/crime is committed.

State vs. Mann

Establishes the supremacy of the North Carolina Constitution

US District Courts

Federal trial court, ONLY has original jurisdiction; 94 district courts; trial court

Writ of Certiorari

Giving higher courts the power to get lower court cases; to send up records from a lower court.

Precedent

Guidance to other judges to be used as an example based on past cases.

NC Supreme Court

Highest NC Court; 7 members; supervise all other state courts; only considers error in law; all decisions final unless appealed to US Sup. Court.

US Supreme Court

Highest court in the United States; has appellate and original jurisdiction; 1 Sup. Court; 9 justices; can uphold verdict, overturn it or retrial to lower courts.

9

How many Supreme Court justices are there?

Chief Justice

Leader of the Supreme Court

NC District Courts

Lowest NC Court that handles misdemenors and civil cases less than $10,000; 4 categories- civil, criminal, juvenile and magistrate

NC Superior Court

NC Court that hears felony cases and civil cases more than $10,000; aka county court or circuit courts; may be specialized in criminal, civil and juvenile cases.

Swann vs. CMS

NC case says busing should be used to desegregate public schools

Leandro Case

NC court case saying North Car. must provide a sound and basic education

7

Number of NC Supreme Court justices

US Court of Appeals

Only has appellate jurisdiction; 12; circuit courts; only rule on law-don't give verdict; panel of 3 judges who review case and affirm. reverse verdict, or remand case.

Judicial Review

Power to determine the constitutionality of a law or action

Docket

Supreme court calendar

Life

Term length for Supreme Court justices

Original Jurisdiction

The power to hear a case first

Appellate Jurisdiction

The power to review a case from a lower court

Interpret

The role of the Judicial Branch is to ______ laws

Majority Opinion

This is the written opinion of the Supreme Court. It presents the views of the justices on a case and announces ruling.

Dissenting Opinion

This is written by those who disagree with the majority opinion

NJ vs. TLO

Ties into Bill of Rights b/c it is all about 4th amendment rights and how our rights are squeezed at school 'for the greater good.'

Ex Post Facto

To be punished for an action that was not a crime when committed

Bill of Attainder

To be punished without trial

Writ of Habeas Corpus

To bring the accused before the court

NC Court of Appeals

What NC court has only appellate jurisdiction?

President

Who appoints Sup. Court justices?

Concurring Opinion

Written by those who agree with the majority decision, but for different reasons.

Magistrate Court

accept guilty pleas for minor misdemeanors, traffic violations, and civil cases involving less than $4,000.

Circuit

area of jurisdiction of a federal court of appeals

Opinion

detailed explanation of legal thinking behind a courts decision.

Exclusive Jurisdiction

only federal courts may hear and decide on cases

Remand

to send back to a lower court to be re-tried

Concurrent Jusrisdiction

when federal and state courts both may try crimes

Brief

written document that explains one sides position on the case; prepared by lawyers.