Chapter 7: The Judicial Branch

Defense Attorney

Attorney or lawyer representing the person accused of the crime. In criminal court, the government must provide one for the person if they can't afford one.

Prosecuting Attorney

Attorney or lawyer representing the police or government in criminal court. They present the case to try to get the person declared guilty of the crime.

Right to Appeal

Defendants found guilty have this right. They try to prove that the law was not applied correctly at the first district court trial.

All Federal Judges and U.S. Supreme Court Justices

They are picked by the President and approved by the Senate for life. They may be impeached with the House of Representatives deciding charges and the Senate holding a trial in rare cases.

How do cases make it to the Supreme Court?

Writ of certiorari is submitted to the Supreme Court. 4 of the justices agree it is a good case.

unanimous opinion

a Supreme Court ruling on a case which all judges agree on the ruling

dual court system

a court system made up of both federal and state courts

jurisdiction

a court's authority to hear and decide cases

docket

a court's calendar, showing the schedule of cases it is to hear

opinion

a detailed explanation of the legal thinking behind a court's decision in a case

caseload

a judge's or court's workload of cases in a period of time

precedent

a ruling that is used as a basis for a judicial decision in a later, similar case

Equal Justice

The main goal of the court system, to treat everyone the same. All people in criminal court have the right to a public trial by jury, a lawyer to help defend them, the right to appeal, and to be innocent until proven guilty.

Criminal Case

The person accused may get a fine, sent to prison, have community service, or get the death penalty in some states. The rights of the person are protected very strictly. The person must have a defense lawyer, they may refuse to answer questions in court, the case must be proven beyond reasonable doubt, and a prosecuting attorney representing the police will present the case to get the person in trouble.

dissenting opinion

a statement written by a justice who disagrees with the majority opinion, presenting his or her own opinion; this only might become important precedent later

concurring opinion

a statement written by a justice who votes with the majority, but for different reasons than the others; this only might become important precedent later

brief

a written document explaining the position of one side or the other in a case

ruling

an official decision by a judge or a court that settles a case and may also establish the meaning of a law

writ of certiorari

an order a higher court issues to a lower court to obtain the records of the lower court in a particular case

subponea

an order that requires a person to appear in court

concurrent jurisdiction

authority of both state and federal courts to hear and decide cases

exclusive jurisdiction

authority of only federal courts to hear and decide cases

litigant

one of the parties involved in a lawsuit

Possible Courts of Appeals Rulings

-The first trial was fine. -The first trial was done very poorly. We will reverse the decision. -They can remand the case which means it will be sent back to district court for a new trial.

Circuit Courts of Appeals

13 Circuits in the federal system; these courts are where appeals are made; 3 judges will look at your original district court trial records and hear from lawyers to decide your case. They have appellate jurisdiction.

Civil Case

A plaintiff will bring a case to court that believes his or her rights are not protected. This case will be about paying money for the damages of the rights not being protected. Attorneys do not have to be present at this trial, all questions need to be answered in court, both people involved may agree to have the case decided by only a judge instead a jury, and the case only has to be proven based on the preponderance of the evidence or 51%.

Supreme Court Procedure for Hearing a Case

Briefs are submitted by attorneys, attorneys go to the Court for oral arguments, the justices have a conference, the justices vote, the justices read the draft of the opinions and create a final opinion, the decision is announced.

Cases that go to federal courts

Cases about kidnapping, counterfeiting, and tax evasion; cases where different states disagree; cases where citizens of different states are involved in the lawsuit; cases about crimes at sea; the government is one of the litigants in the case; any disputes involving governments of other countries or citizens of other countries

John Roberts

Current Chief Justice of the U.S. Supreme Court

Brown v. Board of Education

Famous case from 1954 where the Supreme Court changed their earlier precedent from Plessy v. Ferguson. They said the separate schools were not equal. They ruled segregated schools unconstitutional.

Marbury v. Madison

Famous case in 1803 that set the precedent for the power of the Supreme Court of judicial review. The opinion of this case stated: the Constitution is the supreme law of the land, If there is a conflict between the Constitution and any other law, the Constitution rules, and the judicial branch has a duty to uphold the Constitution.

Importance of Precedents

Judges are expected to follow precedents. All judges must follow precedents from the Supreme Court. District court judges must follow precedents from the appeals court judges in their circuit. Appeals court judges must follow precedents from previous appeals court judges of their circuit.

9

Number of U. S. Supreme Court Justices

United States Marshals

People in each judicial district who help make arrests, collect fines, take convicted people to prison, protect jurors, keep order in the courts, and deliver subpoenas.

Magistrate Judges

They assist district court judges by taking care of routine work. They can sign search warrants, decide minor cases, decide if a person should get let go on bail, and decide if a case should be brought to trial when a grand jury is not needed.

Power of the Supreme Court

They can declare laws unconstitutional. These laws would be nullified and no longer used. They can declare presidential actions or other government actions unconstitutional, these actions would be expected to be stopped.

Limits on the Supreme Court

They can only decide on cases brought to them, Justices can be impeached, Justices must be picked by the President and approved by the Senate, the Court must depend on the state government or the president to use the police or military to make sure their decisions are followed, Congress can also change laws, Congress can propose amendments to the Constitution with a 2/3 vote (but these would also have to be ratified by 3/4 of the states).

State Courts

They get their power from state laws and the state constitution/ have district, appeals, and supreme courts; hear the majority of cases.

Federal Courts

They get their power from the U.S. Constitution and federal laws; have district, appeals and the supreme court; hear some cases where they have jurisdiction.

District Courts

They hear criminal and civil cases. They have original jurisdiction in most cases. They are trial courts where a jury will decide if you are innocent or guilty and witnesses may testify.

U.S. Attorneys

They represent the U.S. government federal court and are on the prosecuting side of the case when someone has broken federal laws.

constitutional

in accordance with the Constitution

appellate jurisdiction

the authority of a court to hear a case appealed from a lower court

original jurisdiction

the authority of a court to hear cases for the first time

judicial review

the power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution

stare decisis

the practice of using earlier judicial rulings as a basis for deciding cases

tenure

the right to hold an office once a person is comfirmed

nullify

to cancel legally