CH#8.1 Judicial Branch - “Equal Justice Under the Law”

Courts use the law to do what? To settle civil disputes and to decide guilt or innocence of the people accused of crimes.

“Equal Justice Under the Law” means: Our legal system is based on this basic ideal. The goal being treat everyone the same no matter what.

According to the map on page 193, how many judicial circuits or districts are there in the United States? 12 circuits plus the Supreme Court

Alabama is located in what district?11

In what article of the constitution do we find the establishment of the Judicial Branch? III

Under this article congress was given the power to do what? Establish a national supreme court and lower federal courts.

Judiciary Act: Passed in 1789 established federal district and appeals courts.

Jurisdiction: The courts authority to hear and decide cases

The federal courts have jurisdiction over eight kinds of cases:

Kind of case / Example
1.Cases involving the Constitution
2.Violations of Federal laws
3.Controversies between the States
4.Disputes b/w parties from other States
5.Suits involving the Federal Government
6.Cases involving foreign Governments and/or treaties
7.Cases based on admiralty and maritime laws
8.Cases involving U.S. diplomats

Exclusive jurisdiction: Authority of only the federal courts to hear and decide on certain cases.

Concurrent jurisdiction: Authority for both state and federal courts to hear and decide on certain cases.

CH# 8.2 Federal Court System

Court / Number of Courts
District Court
Appeals Court
Supreme Court

8.3 The United StatesSupreme Court:

Supreme Court’s Original Jurisdiction

1-Presiding over trials in cases that involve diplomats from foreign countries / 2-The Supreme Court hears cases that have come on appeal from lower district courts or federal regulatory agencies

Second paragraph pp 200

Name the 9 Supreme Court Justices

Chief Justice John Roberts / Samuel Alito / Stephen Breyer
Ruth Bader Ginsburg / Elena Kagan / Anthony Kennedy
Antonin Scalia / Sonia Sotomayor / Clarence Thomas

Picture pp 203

How are Supreme Court justices selected? _The President appoints Supreme Court Justices, with the consent of the senate______

Selection of Justices pp 201

Judicial Review: _Is the power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution______

Judicial Review pp 202

Principles of Judicial Review

1. The Constitution is the supreme law of the land.
2. If there is a conflict between the constitution and any other law, the constitution rules.
3. The judicial branch has a duty to uphold the constitution. Thus it must be able to determine when a law conflicts with the constitution and nullify or cancel unconstitutional laws

Pp 203

Interpreting Laws: _Since congress writes laws in general language the Supreme Court exercises the power to interpret laws______
pp 203

Limits to the courts power:

1. The court depends on the executivebranch as well as state and local officials such as government and police_., to _enforce_its decision.

2. The court can only hear_____ and _make decisions___ on the cases that _cometo it_ . PP203

8.4 How Federal Courts Are Organized

How do most cases reach the Supreme Court? _They are appealed from the lower federal or state courts______

What is a docket?__Calender of accepted cases______

Steps in / Decision Making
Steps / Explanation
1. Written Argument / A brief written document explaining the case
2. Oral Argument / Lawyers present their arguments
3. Conference / First decisions on cases they were studying
4. Opinion Writing
-3 types of opinions
1- Majority
2-Dissenting
3-Concurring / The opinion states the facts, announces their ruling, and explains their reasoning for their decision
5. Announcements / The courts final decision