The Judicial Branch
The 3rd part of the government.
The role of the judicial branch.
The congress and president are voted buy the people, but the Judicial branch is special. The president pick the canidates and the congress votes on the canidates. These judges serve till death, or they retier, or get impeaches by they congress. This makes them not bias or following short political fads, because they have to serve for a lifetime.
The Supreme Court of the United States and the Judicial Process.
- Garuntee that no person will be deprived of life, liberty, or property with out the due process of law.
- Protection against being tried for the same crime twice ("double jeopardy")
- The right to a speedy trial by a unbias jury.
- The right to cross-examine witnesses, and to call witnesses to support their case
- The right to legal representation.
- The right to avoid self-incrimination
- Protection from excessive bail, excessive fines, and cruel and unusual punishments
What exactly dose Article III Section I say?
Interesting People: Clarence Thomas
- NAME: Clarence Thomas
- OCCUPATION: Lawyer, Supreme Court Justice
- BIRTH DATE: June 23, 1948 (Age: 65)
- EDUCATION: Immaculate Conception Abbey, Holy Cross College, Yale University
- PLACE OF BIRTH: Pin Point, Georgia
The Different Jurisdictions
- Exclusive Jurisdiction- Cases that can ONLY be heard in Federal Courts
- Cases involving foreign government official
- Trial of person charged with Federal Crime
- Patent/copyright case
- Case involving an act of Congress
2. Concurrent Jurisdiction- Federal and State courts SHARE the power to hear cases
- Disputes involving citizens of different States - federal district court can hear the case ONLY if it involves more than $75,000
3. Original Jurisdiction- Court that is the first to hear the case
- District Courts ONLY have original jurisdiction
- Supreme Court has BOTH original and appellate jurisdiction.
4. Appellate Jurisdiction- Court hears a case on appeal from a lower court-
- can uphold, overrule, or modify original court ruling. (Examples are the same as those under original jurisdiction)
- Court of appeals ONLY has appellate jurisdiction
- Supreme Court has BOTH!
- Concurrent Jurisdiction - jurisdiction that is shared by different courts and that may allow for removal (two states may have concurrent jurisdiction over crimes committed on boundary rivers)
- Original Jurisdiction - the jurisdiction granted a court to try a case in the first instance, make findings of fact, and render a usually appealable decision
- Appellate Jurisdiction - the jurisdiction granted to particular courts to hear appeals of the decisions of lower tribunals and to reverse, affirm, or modify those decisions
- Litigant -person engaged in a lawsuit
- Due Process Clause - a clause in a constitution prohibiting the government from depriving a person of life, liberty, or property without due process of law (5th and 14th amendment)
- Marbury vs. Madison - landmark case where in the U.S. Supreme Court established judicial review as a legitimate power of the Court on constitutional grounds. The Court ruled that it had the power to declare a statute void that it considered repugnant to the Constitution.
- Judicial Review - a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional
- Grand Jury - A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment.
- Indictment - A written statement charging a party with the commission of a crime or other offense, drawn up by a prosecuting attorney and found and presented by a grand jury.
- Petit Jury - jury that sits at civil and criminal trials (trial jury)
- Judicial Circuit - a district established within a state or the federal judicial system
- Riding the Circuit- traveling within the assigned circuit and consider cases alongside local judges (abolished in 1891)
- Opinion- A formal statement by a court or other adjudicative body of the legal reasons and principles for the conclusions of the court.