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Unit 3: The Judicial Branch. State, District and the Supreme Court. John Marshall. Served as Chief Justice from 1801-1835 Greatly expanded the power of the court Introduced the idea of judicial review. Court Systems. Two Court Systems: 1. State Courts 2. Federal Courts

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unit 3 the judicial branch

Unit 3: The Judicial Branch

State, District and the Supreme

Court

john marshall
John Marshall
  • Served as Chief Justice from 1801-1835
  • Greatly expanded the power of the court
  • Introduced the idea of judicial review

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court systems
Court Systems
  • Two Court Systems:

1. State Courts

2. Federal Courts

a. lower federal courts

b. Supreme Court

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slide4
State

Federal

jurisdiction
Jurisdiction
  • This is the right of a particular court to hear a case
  • Federal Courts- jurisdiction over U.S. laws, treaties with foreign nations and interpretations of the Constitution

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federal not state cases
Federal, not State Cases
  • Ambassadors and other representatives of foreign governments
  • Two or more state governments
  • The U.S. govt. or one of its offices or agencies
  • Citizens of different states
  • A state or its citizens and a foreign country or its citizens

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slide8
Concurrent Jurisdiction
  • In some cases, both state and federal courts have jurisdiction.
  • But if one party insists, case must be tried in federal courts

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types of jurisdiction
Types of Jurisdiction
  • Original – where the case is first heard in a court
  • Appellate – where you go if you did not agree with decision in original decision
  • Supreme Court – last stop

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the supreme court
The Supreme Court

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the basic rules
The Basic Rules
  • The Supreme Court, nor any federal court, can initiate action
  • This makes the U.S. very different than other countries where courts often regulate other areas of governments by introducing cases
  • Federal courts do NOT offer legal advice; they only rule on cases

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marbury v madison
Marbury v. Madison
  • 1801- bill passes that allowed president to appoint 42 justices of the peace in the District of Columbia (President Adams, a Federalist, was on his way out of office. TJ, a Demo-Rep was coming in)
  • Senate confirmed these appointments, all but 4 were delivered before Adams left office
  • Jefferson stopped the remaining 4 deliveries
  • William Marbury, one of the 4, sued for his appointment

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the court says
The Court Says…
  • Heard case in Feb 1803
  • Marshall: Marbury was violated, BUT he ruled that Congress gave the court too much power under the Judiciary Act of 1789 so that they could not enforce their ruling
  • This case established Judicial Review (power of the court to examine laws and actions and determine if they are constitutional)

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civil war
Civil War
  • After the Civil War, the Supreme Court was forced to deal with newly freed African Americans
  • Reconstruction Amendments: 13th, 14th, 15th
  • 13= no more slavery
  • 14= equal protection under the law
  • 15 = voting cannot be denied based on race

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plessy v ferguson 1896
Plessy v. Ferguson (1896)
  • This established the premise of ‘separate but equal’
  • Plessy, a very light colored man demanded to sit in first class with the white people; told to move to the ‘negro’ section
  • Sued
  • Court said segregation is okay
  • Overturned in Brown v. Board

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federal district courts
Federal District Courts
  • 94 total and each state has at least one
  • Texas has four district courts
  • There are 550 judges who preside over the district courts

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juries
Juries
  • Grand Jury- included 16 to 23 people to hear charges against a person to determine if there is enough evidence to bring the person to trial
  • Jury in a criminal case – guilty or not guilty
  • Jury in a civil case – find either for the plaintiff or the defendant

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circuit courts
Circuit Courts
  • 12 judicial circuits with one appellate court in each circuit
  • Can make three decisions:

1. Reverse the decision

2. Uphold the decision

3. Send case back to the lower court to be tried again

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selection of federal judges
Selection of Federal Judges
  • President appoints all federal judges
  • No qualifications for judges set forth in the Constitution
  • Serve for life. Why?
    • Gives them the freedom to be able to make unpopular decisions
  • Favor judges who belong to their political party
  • Congress has the power to increase number of judges – most likely when Congress and President same political party

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who are judges
Who are Judges?

Clarence ThomasAppointed by: President George H. W. BushAppointed in: 1991Age When Appointed: 43Ruth Bader GinsburgAppointed by: President ClintonAppointed in: 1993Age When Appointed: 60Stephen BreyerAppointed by: President ClintonAppointed in: 1994Age When Appointed: 56Sonia SotomayorAppointed by: President ObamaAppointed in: 2009Age When Appointed: 55

Elena KaganAppointed by: President ObamaAppointed in: 2010Age When Appointed: 50

  • Listed below are the current Justices of the U.S. Supreme Court. Click on the Justice's name for a short biography.John G. Roberts - Chief Justice of the United StatesAppointed by: President George W. BushAppointed in: 2005Age When Appointed: 50Samuel A. Alito, Jr.Appointed by: President George W. BushAppointed in: 2006Age When Appointed: 55Antonin ScaliaAppointed by: President ReaganAppointed in: 1986Age When Appointed: 50 Anthony KennedyAppointed by: President ReaganAppointed in: 1988Age When Appointed: 52

Current (2009) salary for the Chief Justice is $217,400 per year,

while the Associate Justices each make $208,100.

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on the dockett
On the Dockett

http://otd.oyez.org/

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