The Judicial Branch

1. The Judicial Branch

2. Judicial Branch • The main role of the Judicial Branch is to interpret the law • It is made up of the courts • The Supreme Court is the highest court in the United States • It decides if the law has been broken • It decides if the law is Constitutional • It makes sure that people’s rights have been protected

3. The Law • There are two basic types of laws and cases that courts deal with • Criminal Law, which regulates what people can and cannot do, protecting the safety of the public • Civil Law, which settles disagreements between people

4. Criminal Cases • In these cases, courts decide whether someone has violated the law • There are two types of crimes: • Felony: the most serious crimes, often punished with prison time or death • Misdemeanor: less serious crimes, usually punished with fine, community service or probation

5. Civil Cases • In a civil case, the court settles an argument • It can be a matter of unpaid debts • It can involve being compensated for damage caused by someone else • They can involve individuals, organizations or even the government • The court usually orders one side to pay the other damages, or compensation for the fault of the wrong side • There is no jail time given out in civil cases

6. Love Canal • In the 1970s a housing development and elementary school near Niagara Falls, NY were built, called “Love Canal” • Unknown to the buyers of the homes, it was built on top of a toxic waste dump • As a result many of the residents got sick and children had birth defects some contracted cancer • When the dump was discovered as the cause, the owners were not only angry, but their homes were now worthless • After a long civil lawsuit, the Chemical company that did the dumping had to pay $129 million to the residents

7. Erin Brockovich case • Erin Brockovich, a file clerk discovered that Pacific Gas & Electric (PG&E) had been dumping cancer-causing chemicals into the water supply in her hometown of Hinkley, California • These chemicals had been causing a lot of illness and death • She was able to organize a lawsuit, and the people won $333 million in damages • A movie was made about this story

8. Not all lawsuits are legitimate however • In 1992, Stella Liebeck, 81, spilled hot McDonalds coffee onto her lap in the car • The coffee soaked into the sweatpants she was wearing and caused second and third degree burns • She sued McDonalds, saying the coffee was too hot • She won damages of $2.7 million • It was later reduced on appeal to $480,000

9. Can a dinosaur sue a chicken? • The Sports mascot, “The San Diego Chicken” had, as part of his act, a fight against Barney the Purple Dinosaur • The creators of Barney were offended and sued in 1998 • The judge threw out the lawsuit, saying it was clearly parody and not trademark infringement

10. What’s in your bowl • In 1997, lawyers filed a class-action lawsuit against General Mills, the makers of Cheerios cereal • They claimed an additive was harmful • They settled out of court and the lawyers got about $2 million in legal fees • The members of the class each got a coupon for a free box of cereal

11. I hear the train a comin’.. • A woman in New York City attempted to commit suicide by laying on the tracks of the subway • She was hit by a train and injured, but not killed • She sued the city for her injuries and won damages of $9.9 million

12. The perfect crime? • San Francisco cab driver Charles Hollom witnessed a woman being robbed at gunpoint while working • He drove over to the robbery, chased and pinned the mugger to a wall with his taxi • The criminal, Ocie McClure, sued the cab driver and won $24,595 for his injuries

13. How long do you have to wait again? • In 1985, a group of seven people broke into a closed public pool in Bronx, NY at 1AM • One of them, 32 year-old Ana Garcia, drowned • Medical tests showed she had a 0.23 blood alcohol level (more than twice the legal limit) • Her family sued the city and won $2 million in damages • However, on appeal the award was thrown out

14. Cookout Anyone? • Magdelin Arias went to a cookout at her friend’s (Aledia Verasco) home in Miami, Florida • Since they were out of lighter fluid, they decided to siphon some gas out of a car and use it to start the charcoal • Verasco then lit a piece of paper and handed it to Arias to put on the charcoal in order to start the fire • Instead, the flame caught Arias on fire and she suffered burns that caused her to spend 2 weeks in the hospital • Tests at the hospital showed she had cocaine in her system that night • Magdelin Arias sued Verasco for causing her injuries. • How do you think it turned out?

15. She won too! • Magdelin Arias won $500,000 in damages in her lawsuit • Believe it or not, she and Aleida Verasco are still friends • Verasco’s homeowners insurance is covering the damages, meaning that the cost will be passed on to you

16. Don’t be confused • There are actually two different court systems • The Federal Courts deal with cases involving federal laws and certain other circumstances • State Courts deal with cases involving state and city laws • The most serious cases don’t necessarily go to federal court • State courts hear most cases.

17. Federal Court • Federal Court only has jurisdiction in certain types of cases • Jurisdiction means the authority to hear a case • They are not necessarily the most serious cases, like murder • They can be criminal or civil cases

18. Jurisdiction • There are two basic types of jurisdiction • Original Jurisdiction: the authority to hear a case for the first time • Appellate Jurisdiction: the power to reconsider a case after it has been decided by a lower court • Sometimes more than one court holds the power to hold a trial first, this is called concurrent jurisdiction

19. Levels of Federal Court • There are three levels of federal court • District Court: has original jurisdiction in almost all federal cases • Court of Appeals: can only hear cases after the District court has heard them • Supreme Court: has the final say on all federal cases

21. Federal Judges • Each Federal court has from 6-27 judges • Federal judges are appointed by the President and approved by the Senate • They have their jobs for life or until they retire; they can only be forced out by impeachment by House of Representatives

22. The Constitution • Federal court has original jurisdiction in any case that involves a Constitutional question • If the case concerns whether someone’s rights have been violated or denied, the case can go to federal court

23. Miranda v. Arizona • Ernesto Miranda was arrested in 1963 and identified by the crime victim in a lineup • He was questioned by the police and confessed to the crime • He was found guilty and sent to prison for twenty to thirty years • His lawyers appealed, saying that he was denied his Fifth Amendment rights because the police did not tell him that he did have to answer their questions when he confessed • The case was appealed all the way to the Supreme Court. How do you think it turned out?

24. “Miranda” Rights • The court ruled that police are required to inform suspects of their rights against self-incrimination • As a result police now must read the “Miranda Warning” to anyone who is questioned or arrested • Do you know the Miranda Warning?

25. On June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, FL. Someone broke a window, smashed the cigarette machine and jukebox, and stole money from both Someone claimed they had seen Clarence Earl Gideon at the pool room at 5:30 that morning They found Gideon with change in his pockets and he was arrested for the crime Gideon v Wainwright (1966)

26. Gideon v Wainwright • Gideon, was a semi-literate drifter, and could not afford a lawyer • He asked the court to provide one for him • The judge refused, saying the state only had to do this in death penalty cases • He did a poor job defending himself and was found guilty and sent to prison for five years • While in prison he studied in the prison library and decided to appeal his case, saying his Sixth Amendment rights had been violated • Should the government have to provide a free lawyer for everyone?

27. You have the right to an attorney… • The court ruled in favor of Gideon • The right to an attorney is essential to having a fair trial • As a result, anyone accused of a crime who cannot afford their own lawyer may have one paid for by the government

28. Federal Laws • Anyone who is charged with breaking a federal law can be tried in a federal court • Some federal crimes include tax evasion, bank robbery, kidnapping, mail tampering, counterfeiting and terrorism • Murder is usually a state crime

29. Maritime Laws • Any case that involves the maritime law has federal jurisdiction • Crimes that occur at sea • Civil lawsuits that involve the ocean or incidents that occur at sea are federal too • Common examples: • Discovery of sunken treasure • Piracy

30. Cases involving the U.S. Government • Federal court has jurisdiction in all cases where: • The government is suing a person, organization or company • A person, organization or company is suing the government

31. State vs. State • When onestate has a disagreement with another, their case is heard by a federal court • This is also true for cases involving people who live in different states

32. Cases involving foreign countries • If our government has a disagreement with another nation’s government, it can be heard in federal court • Also, if American government employees commit crimes in foreign countries, they can be put on trial in U.S. federal court