US GOV UNIT 4 - unit 4.1

04 The Judicial Branch

Constitution and Judicial Branch

· Article III outlines the Judicial Branch. Only names the Supreme Court, but acknowledges each states with its own courts. · Gives Congress o Sets rules for establishing courts o Determine punishment or compensation related to a trial outcome o Congress established courts that deal with specific issues outside fed court  Ex: U Tax Court o Can also impeach fed judges, but also against serious crimes against the nation · ^^^^"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."– Article III Sec 1 · Federal judges o Serve for life or until retirement or resign o President nominates someone for the position and Senate may approve or reject · Judiciary Act of 1789: o Each state must have at least one federal district court  Court established by the fed gov having jurisdiction over questions of fed law o Organized states into “circuits” with at least a appellate court  Jurisdiction to hear case appeals and review the decision of lower courts · Supreme Court decision is final

Jurisdiction

· Court’s jurisdiction determines which cases it has the power to hear · State jurisdiction: power to hear cases that involve laws within that state o About property o Accidents o Family issues o Prosecuting someone for a crime · Federal jurisdiction: power over cases with fed laws o About Constitution o Immigration, maritime activity or foreign people o U law o Prosecuting someone for a crime · Appellate courts have jurisdiction over cases where a person or group appeals a lower court decision

o Supreme court has jurisdiction over cases appealed from state and federal courts of appeal

Organization

· 3 basic levels of courts: trial, appellate, and supreme o Both have trials that have a judge and a jury o Judge’s rule is to make sure lawyers argue the case fairly and that the jury understands the laws the apply o States may split courts to hear criminal cases and civil cases · Dual sovereignty: a Constitutional concept that both the state and fed gov are sovereign o It is possible that a criminal or civil case could be tried separately in the state and fed court, if case involves district laws at both levels. · Federal question cases and diversity cases (involving citizens from more than one U state) have to begin at U District Court · Appeal of the trial decision would go to an appellate court o Supreme courts may review cases with no new evidence presented  Are also appellate courts but have final word on cases from first-level appellate court o May affirm the lower court decision

Trial Process

· Judicial system encourage people to find solutions without entering court room bc of time and money. Ex: o Traffic violation o Dispute use mediation, and in need of court, only judge present · When trial is necessary, citizens will have a right to trial by jury o Jury decides whether the person is guilty or not o Without jury is called bench trial · Person who files complaint is petitioner (plaintiff) and the complained is respondent (defendant) · Jury will rule if defendant is liable to the plaintiff o Job of the prosecutor to gather evidence and prove guilt · Not” innocent”, just “not guilty” · Jury selection o Citizens receive a notice to appear attend on court o Lawyers question jurors in process called voir dire o Lawyers and judge may dismiss jurors who they think will not fairly consider the facts of the case o Usually have 12 members · The trial