The Judicial Branch. Foundations of the Judicial Branch. Article III. Establishes Judicial Branch Creates the Supreme Court Cannot be changed by Congress Gives Congress the power to create the lower courts (the inferior courts). State and Federal Courts.
Foundations of the Judicial Branch
The Federal Court System
Marbury v. Madison
The Supreme Court
Standing: Sonia Sotomayor, Stephen Breyer, Samuel Alito, Jr., Elena Kagan,
Sitting: Clarence Thomas,Antonin Scalia,John Roberts,Anthony Kennedy, Ruth Bader Ginsburg
Chief Justice of the Supreme Court
Civil vs. Criminal
5th and 6th amendment
Occurs when an individual has broken the law.
Prosecution – bring the case to the court.
Defendant – Individual accused of the crime.
Relations between individuals, when one individual is taking another to court
Plaintiff – brings the charges in a suit to the court
Defendant – Individual who must defend against the complaint.Criminal
The Question: Court must determine if the defendant has violated a law.
The Standard: Presumption of Innocence – Innocent until proven guilty “beyond a reasonable doubt.”
The Question: The court must determine if one party caused harm to another party.
The Standard: Preponderance of Evidence. In order to win the plaintiff must prove his/her claims are “most likely” true.Criminal
Jury determines guilty or innocence.
Requires unanimous agreement amongst jurors.
Punishment being sought – damages in the form of money.
Jury determines liability.
Usually does not require unanimous agreementCriminal