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JUDICIAL BRANCH

JUDICIAL BRANCH. Standard 12.4 Created L. Carreon. Foundations of the Federal Court System. The courts receive their powers from the Constitution and Congress. Federal judges serve for life. Judges are appointed by the president and approved by the Senate. Standard 12.4 Created L. Carreon.

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JUDICIAL BRANCH

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  1. JUDICIAL BRANCH Standard 12.4 Created L. Carreon

  2. Foundations of the Federal Court System • The courts receive their powers from the Constitution and Congress. • Federal judges serve for life. • Judges are appointed by the president and approved by the Senate. Standard 12.4 Created L. Carreon

  3. Jurisdiction • The right to interpret and apply the law. Supreme Court Building

  4. Exclusive Jurisdiction • Federal Courts can only hear the cases related to the Constitution. • States cannot hear cases related to the federal government. The Constitution Standard 12.4 Created L. Carreon

  5. Concurrent Jurisdiction • Federal Courts and state courts can share and hear the same cases if both federal and state laws are violated. Standard 12.4 Created L. Carreon

  6. Federal Court’s Jurisdiction • Cases related to ambassadors and foreign representatives • Bankruptcy Cases • Disagreements between two or more states • Criminal cases that involve federal laws • Racketeering – the mob • Anything across state lines – kidnapping, controlled substances • Bank robberies • Crimes on federal property Standard 12.4 Created L. Carreon

  7. Terms related to the court system • Original Jurisdiction- the court’s authority to hear and decide a case for the first time. • Appellate Jurisdiction- the court’s authority to hear a case on appeal. Standard 12.4 Created L. Carreon

  8. Terms related to the court system • Strict Constructionist- the view that judges ought to base their decisions on narrow interpretation of language of the Constitution. • Loose Constructionist- the view that judges have considerable freedom in interpreting the Constitution. Standard 12.4 Created L. Carreon

  9. How a Judge Rules • Judges use their reasoning skills to decide what particular laws mean when they rule on cases. Different judges sometimes use different reasoning skills to interpret the Constitution, meaning that judges do not always agree on the meaning of the Constitution. There are six widely accepted methods of interpretation that shed some light on the meaning of the Constitution.

  10. Interpreting the Law • Historical Interpretation A judge looks to the intentions of the framers and ratifiers of the Constitution to shed light on its meaning. • Textual Interpretation A judge looks to the meaning of the words in the Constitution, relying on common understandings of what the words mean today. • Structural Interpretation A judge infers structural rules (power relationships between institutions, for instance) from the relationships specifically outlined in the Constitution. • Doctrinal Interpretation A judge applies rules established by precedents. • Ethical Interpretation A judge looks to the moral commitments reflected in the Constitution. • Prudential Interpretation A judge seeks to balance the costs and benefits of a particular ruling.

  11. District Courts-Federal Courts • Original cases are heard • Do not hear appeals Standard 12.4 Created L. Carreon

  12. The Courts of Appeals • 3 Judges hear evidence if an error occurred during an original trial • 13 Courts of Appeals for the Federal Circuit. Standard 12. 4 Created by L. Carreon

  13. The Supreme Court • 9 Justices and one is a Chief Justice • Justices begin to hear cases on the first Monday of October. • Hearings are made public –Monday, Tuesday and Wednesday. They hear the two sides. Standard 12.4 Created L. Carreon Supreme Court Justices

  14. Types of Cases the Supreme Court hears • Legal questions that have been decided differently by two lower courts. • When a lower court decision conflicts with an existing Supreme Court ruling. • If a state requests that the Supreme Court hears a case that has Constitutional issues (writ of certiorari)

  15. The Supreme Court Decisions • Majority opinion- the winning opinion. • Dissenting opinion – the losing opinion. • Concurring ruling-justices who agree with the majority opinion with different reasons. • Precedent- judicial decisions that is used as standard in later similar cases. Standard 12.4 Created L. Carreon

  16. Judicial Activism • The Supreme Court should actively make policy and sometimes redefine the Constitution. • For example: Brown v. Board of Education changed the policy of segregation. Topeka, Kansas Court House

  17. Judicial Restraint • The Supreme Court should not actively try to shape the Constitution. Standard 12.4 Created L. Carreon

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