Judicial Branch PDF

The Judicial Branch Objective In this lesson, you will examine the structure and powers of the judicial branch. The Judicial Branch and the Constitution Article III vests judicial power in "one Supreme Court; and in such inferior courts as the Congress establish...

The Judicial Branch Objective In this lesson, you will examine the structure and powers of the judicial branch. The Judicial Branch and the Constitution Article III vests judicial power in "one Supreme Court; and in such inferior courts as the Congress establish may... ordain and _______________. federal The Constitution gives the _______________ courts jurisdiction over cases that involve the following: Constitution the laws, treaties, and _____________________ of the United States countries diplomatic representatives from other _________________ sea laws related to the _______ or shipping state two or more ____________ governments different citizens of _________________ states foreign a state and a citizen of a different state or ______________ nation lands citizens of the same state claiming __________ under grants of different states The Judiciary Act of 1789 district The Judiciary Act of 1789: Congress created a three-tier federal court system that included ______________ circuit courts, ______________ Supreme courts, and the _______________ Court. lowest District courts were established as the ____________ level in the federal court system. circuit The second level is known as the _____________ or appeals (appellate) court. highest The third and ______________ level of the system was the Supreme Court. nine In 1869, Congress raised the number of total justices on the court to _________. Judicial Review Judicial review is the judiciary's authority to declare congressional legislation and executive actions unconstitutional _________________________. void If a law is declared unconstitutional, it is _________ and cannot be enforced. Marbury v. Madison forcing Marbury asked the Supreme Court to issue a writ of mandamus ______________ Madison to finalize Marbury's judicial appointment. The Judiciary Act of 1789 gave the Supreme Court the authority to issue writs not granted to the court by the _____________________. of mandamus, a power ______ Constitution  Chief Justice Marshall ruled that the Judiciary Act's expansion of the court's authority to include writs changing of mandamus was equivalent to ________________ the Constitution. Marshall declared that any law that was "repugnant" (contradictory) to the Constitution was illegal. ______ Marbury v. Madison—the first time in US history that the Supreme Court declared an act of Congress precedent unconstitutional—set a powerful ________________ for the future. The case established the Supreme interpret Court's power of judicial review, giving the judicial branch the exclusive right to ________________ the actions Constitution and evaluate the constitutionality of legislative and executive ______________. The Supreme Court Building Capitol Before the building was built in the 1930s, the Supreme Court held sessions in the US _____________. The US Legal System dual The legal system is a _________ system of federal and state courts that is tasked with interpreting laws and justice establishing a sense of ______________ in society. seperately The court systems at the federal, state, and local levels often work ____________________, but they can also legal work together to make a cohesive ___________ system. Jurisdiction law in a given situation. Jurisdiction is a court's authority to interpret and apply the ______ original Two varieties of jurisdiction are ________________ appellate jurisdiction and ________________ jurisdiction. The court tries that __________ first a case for the __________ time holds original jurisdiction over the case. original The losing party in the case may then ask a higher court to review the decision of the _______________ court. appellate The higher court maintains ________________ jurisdiction over the case. exclusive The federal judiciary holds _________________ jurisdiction over certain areas of the law, which means federal that cases in those areas must be heard in ______________ court. The federal courts also hold exclusive jurisdiction over cases involving a federal or foreign official ______________, criminal an act of Congress, or a violation of federal ________________ law. concurrent The federal and state court systems exercise __________________ jurisdiction, or shared authority, over certain matters. Criminal Law civil Federal and state courts hear cases that involve three types of law: criminal, __________, and constitutional. society Criminal law involves crimes against ____________. jury Trial by ________ remains a common feature of criminal trials. Civil Law private Most federal court cases involve civil law, which regulates the relationships between ___________ individuals. sues another (the defendant), accusing In a civil case, one individual or organization (the plaintiff) ________ rights the defendant of violating the plaintiff's ____________. Constitutional Law sole The judiciary maintains ________ responsibility over interpreting the Constitution, and only it can decide review whether a law is constitutional. As noted earlier, experts refer to this authority as judicial ____________. Written Law statutory Written law consists primarily of ________________ law: legislation enacted by Congress and other legislative people bodies as well as initiatives and referenda passed directly by the ____________. Written law also includes administrative __________________________ law, which consists of orders and regulations issued by executive officials at the federal, state, and local levels. derived The body of law ______________ from the Constitution is known as constitutional law. Constitutional law highest serves as the ______________ conflicts law in the nation. If statutory or administrative law ________________ with constitutional law, the Constitution takes precedence. Unwritten Law location The principle of the rule of law requires that judicial decisions be consistent across time and ______________. To address the fact that written law cannot detail every possible situation, judges developed the principle of decision stare decisis, which is Latin for "let the ________________ stand." judges Stare decisis dictates that ____________ follow precedent, or earlier judgments, when deciding cases. The Court System legislative The federal court system comprises two types of courts: constitutional courts and _________________ courts. constitutional The federal district courts, courts of appeals, and Supreme Court are all ___________________ courts. Legislative courts are also set up by Congress, but they are established under implied congressional powers. These courts are created as part of the normal legislative process, and the court usually has special some ___________ narrow purpose or a _______________ jurisdiction. District Courts area There are 94 district courts in the US, each covering a different _________ of the country. two phases. In the first phase, if the grand District courts use juries to try cases. District court trials have ______ indictment jury thinks that the defendant is probably guilty, it issues an ________________ against the defendant. verdict In the second phase of the trial, this jury delivers a ______________ of guilty or not guilty. Courts of Appeals 13 courts of appeals that handle over 40,000 cases a year. Each court of appeals handles cases There are ____ circuit from a particular __________, 12 circuits. or region, of the country. The country is divided into ____ testimony Court of appeals judges do not examine evidence or hear _________________. They must decide whether any procedure errors of ________________ or legal interpretation occurred in the original case. Legislative Courts name comes from the fact These (specialized) courts do not hear cases about legislation: their _________ instead that they were created by legislation ______________ of by the Constitution. narrowly Each legislative court holds a _______________ defined jurisdiction. For example: The Court of Military Appeals, US Tax Court, and the US Court of Federal Claims. State Courts divides The US federalist system ______________ power between the state and national governments. mirror Individual states have established systems that ___________ the federal system, with lower courts, intermediate appellate courts, and then the highest court. appeals State courts are also involved in the ______________ process. The US Supreme Court can then choose whole to take on cases that originated in the states if the ruling in the case will affect the __________ nation. Judicial Appointments appoint The Constitution gives the president the authority to ___________ federal judges with the advice and consent lifetime of the Senate. Because federal judges serve ________________ terms, presidents have the power to shape the composition of the judiciary for many years after they leave office. There are no constitutional requirements for becoming a federal judge. elected At the state and local levels, judges are often ______________, though this varies from state to state. Chief Justice of the Supreme Court The Constitution stipulates that one member of the Supreme Court be designated the chief justice. chief The ___________ justice presides over the Court's public and private meetings, oversees the operation impeachment of the entire federal court system, presides over ________________________ proceedings, and presidents usually administers the oath of office to incoming _________________. Notable Justices of the Supreme Court Taft President William Howard _________ was appointed chief justice in 1921, eight years after he left the Marshall presidency. President Johnson appointed the first African American justice, Thurgood ____________, to the O'Connor court in 1967. Sandra Day ______________, the first woman justice, joined Marshall in 1981. Judicial Activism and Judicial Restraint restraint Advocates of judicial __________________ believe that government policy should be the responsibility of the clear legislative and executive branches. In their minds, courts should refrain from interfering except in __________ constitutionallity cases where an issue of _____________________________ is involved. Judicial Activism formulating Judicial activism describes Supreme Court decisions that have the effect of _______________________ policy instead of merely interpreting the Constitution. Supreme Court Cases state Most Supreme Court cases come from the ____________ federal supreme courts and the _______________ courts of final appeals. The Supreme Court carries the ___________ word on any question involving the Constitution, acts ________ treaties of the executive or legislative branches, and US ___________. Deciding Cases majority The most senior justice in the majority assigns the task of writing the ___________________ opinion legally (legal reason). The majority opinion becomes the official, _______________ binding decision of the court. dissenting The justices who disagree with the majority produce a second, ___________________ opinion. Implementing Supreme Court Decisions decision After a Supreme Court ________________ is released, it has the force and authority of law. Nevertheless, enforcement because the court has no independent power of _________________________, it may take years for a decision to be implemented. Summary What features distinguish the US Supreme Court from other courts in the US? The Supreme Court is the highest court in the judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.