The Judicial Branch. Unit 4. The creation of The Federal Court System. The Constitution granted: The Supreme Court Appellate jurisdiction The Supreme Court Original jurisdiction over a select few issues Congress the power to create lower courts The Judiciary Act of 1789 created:
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The Constitution granted:
The Judiciary Act of 1789 created:
Marbury vs. Madison (1803) gave:
Courts of Appeals:
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.
Criminal Law department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Offense against Society.
Jail, fine, or death.
Burden of Proof:
“Beyond a reasonable doubt (98%-99%).”
Offense against an individual or organization.
No jail. Just reimbursement for loss
Burden of Proof:
“Preponderance of the evidence (50%+)”Civil Law v. Criminal Law
When the opinion of the court is reached a justice in the majority opinion is assigned to write The Majority Opinion