Supreme Court - PowerPoint by R6JVVtFE

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									• The Legislative Branch…..
• The Executive Branch……
• The Judicial Branch……
Supreme Court!
       The Supreme Court
• Article III of the Constitution
• Third Branch of Federal Government
• Applies Constitution to real life….
  “Equal Justice Under Law”
• Supreme Court motto
• Goal of Supreme Court
• Everyone has a right to a public trial
  and lawyer (Amendment VI)
       Federal Court System
• 3 Levels:
  – Supreme Court (on top)
  – Appeals Court
  – District Court (on bottom)
 Cases heard in Federal Courts
• Jurisdiction- court’s Authority to hear
  cases
• Exclusive Jurisdiction- only these courts
  can deal with these cases
Federal Courts have
Jurisdiction with…..
Cases Involving the Constitution
• If someone feels that their Constitutional
  rights have been broken (ex. Freedom of
  Speech) they have the right to go to court
  over it.
      Violating Federal Laws
• If a Federal Crime is broken (ex.
  Kidnapping, counterfeiting, tax evasion)
    Problems between States
• Goes to Federal Courts
       Suits involving Federal
            Government
• Federal Government can sue people
• People can sue the government
    Cases with other countries
• Also deals with treaties
     Cases on maritime laws
• Anything that has to do with the ocean
       Cases with US diplomats
           (ambassadors)
• If they break any laws, they are tried in
  Federal Court
     Relation to State Courts
  – Federal Courts have exclusive jurisdiction in
    all the above cases
• Concurrent Jurisdiction- the courts share
  jurisdiction with the state courts
How Federal Courts are
     Organized
             Remember….
• Supreme Court (top)
• Appeals Court
• District Court
                   • And…..
• Jurisdiction- authority to hear cases
              District Court
• Federal Courts where trials are held and
  lawsuits begun
  – Each state has at least 1 District Court
• Original Jurisdiction- authority to hear
  cases for the first time
             Appeals Court
• Review the decisions of the lower courts
• Appellate Jurisdiction- authority of a court
  to hear a case from a lower court
  – if new evidence turns up, or if the judge was
    wrong
  – Only decide if the defendant is given a fair
    trial
• 12 Appeals Courts
           Appeals Courts
• Make 3 decisions
  – 1. Uphold the original decision
  – 2. Reverse the Decision
  – 3. Remand: send the case down to lower
    courts
   Remember Common Law?
• Earlier Court Decisions help decide the
  outcome of a trial
• Each judge presents an opinion- offers a
  detailed explanation behind each decision
• Opinion helps set a precedent for judges
  in the future
• Precedent-ruling in an earlier case
Supreme Court!
       Selection of Justices
• Appointed by President, approved by the
  Senate
        Powers of the Court
• Judicial Review- deciding whether the
  actions of government officials are
  constitutional
• If something is “unconstitutional”, they
  (Supreme Court) have the power to nullify
  the law or action
“We are under a constitution, but
  the Constitution is what the
   Supreme Court says it is”
    Former Chief Justice Charles
          Evans Hughes
           Court Decisions
• Each case brought before the Supreme
  Court sets Precedent for all future cases,
  making each court decision a law
       Marbury vs. Madison
• Court case which decided on many
  powers of the Supreme Court
          Interpreting Laws
• Ex.- Congress passed a law stating that if
  someone uses a gun in a crime, they
  automatically get 5 years in prison
What does “use” mean?
• “Use” means, according to the Supreme
  Court, the person must first show, fire, or
  at least say he has a gun
     Limits on Court’s Power
• President is the one who carries out the
  laws, can choose not to
• Congress can change a law made
  unconstitutional or make a new
  Amendment
                Limits
• Supreme Court can only hear and make
  rulings on actual cases
Deciding Cases in Supreme
          Court
                 Schedule
• October-June or July: the time spent
  listening to cases
  – 2 weeks listening to cases, 2 weeks in recess
  – Recess used to write opinions
• Supreme Court is both a trial court and
  Appeals Court
  – Can both hear cases and review older cases
                  Docket
• Calendar of Accepted Cases
• 7,000 cases (approximately) are
  presented every year
  – Less than 200 cases heard every year
      Steps in Decision Making
•   1. Written Arguments
•   2. Oral Arguments
•   3. Conference
•   4. Opinion Writing
•   5. Announcement
            Decision Making
• 9 Justices, all vote
  – Majority Opinion: Presents the views of the
    majority of the justices in the case (5 to 4)
  – Dissenting Opinion: Justices who disagree
    write their own opinions
    Supreme Court Decisions
• Have the power of law:

								
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