The Judicial Branch

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  • The Judicial Branch

    1. 1. THETHE JUDICIALJUDICIAL BRANCHBRANCH The Federal Court SystemThe Federal Court System established in Article IIIestablished in Article III
    2. 2. The Federal Court system is established in the Constitution TheThe jurisdictionjurisdiction,, or authority toor authority to hear and decidehear and decide a case, is alsoa case, is also establishedestablished (III, 2, 1)(III, 2, 1)
    3. 3. The Federal Courts have jurisdiction over the following areas the Constitutionthe Constitution federal lawsfederal laws law of the high seaslaw of the high seas disputes involving the U.S. Governmentdisputes involving the U.S. Government disputes between states, or citizens of different statesdisputes between states, or citizens of different states disputes involving foreign governmentsdisputes involving foreign governments EVERYTHING ELSE GOESTO THE STATEEVERYTHING ELSE GOESTO THE STATE AND LOCAL COURTSAND LOCAL COURTS
    4. 4. THE LOWER FEDERALTHE LOWER FEDERAL COURTSCOURTS District Courts Courts of Appeals
    5. 5. District CourtsDistrict Courts • federal courts where lawsuits are begun • at least 1 per state • district courts handle most of the Federal Court System's work (90%) • district courts have original jurisdiction: the authority to hear cases the first time
    6. 6. Courts of AppealsCourts of Appeals (Circuit courts)(Circuit courts) • these courts only hear cases that are appealed from lower courts • appellate jurisdiction
    7. 7. Additional courtsAdditional courts Military courts Territorial courts US Tax Court Claims courts
    8. 8. THE U.S. SUPREME COURTTHE U.S. SUPREME COURT the highest court in the land
    9. 9. The Supreme Court rarely has originaloriginal jurisdictionjurisdiction - almost all of the cases that come to the Supreme Court are from appeals
    10. 10. The JusticesThe Justices 9 Justices, including a Chief Justice appointed by the President, they hold their terms until they die, resign, or are impeached very powerful, very prestigious
    11. 11. The Supreme Court has the power of judicial reviewjudicial review this allows the Court to review any law and decide if it is unconstitutional From Marbury v. Madison, 1803 but only if the law comes to the Court in a case
    12. 12. The Supreme Court is the final authorityfinal authority on the Constitution and the laws of the United States.
    13. 13. How can a Supreme Court decision be overturned? A new decision by the Court A constitutional amendment
    14. 14. MAKING A RULING
    15. 15. MAKING A RULING MAJORITY OPINION DISSENTING OPINION CONCURRING OPINION
    16. 16. INTERPRETING THE CONSTITUTION Judicial Activism vs. Judicial Restraint Loose Interpretation vs. Strict Interpretation

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