The Supreme Court by alicejenny

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									The Supreme Court

CHAPTER 18, SECTIONS 3 AND 4
               Judicial Review

 Judicial Review: get to decide whether
  something is constitutional or not (whether
  it follows the Constitution of the United
  States)
 That power is with the Supreme Court,
  which means that the Supreme Court is the
  absolute and final authority on the meaning
  of the Constitution
           Marbury v. Madison--1803

 Page 518 and 802
 Try to summarize it with a partner




 What does this tell us about the Rule of Law?
         The Federal Court System

 The Judicial Branch includes all federal
  courts in the United States.
 At the top is the Supreme Court
 Courts decide if someone is guilty or
  innocent
 Individual judges are called Justices
 There are 9 justices
              Federal Court Cases

 The Federal Court only deals with 3 kinds
 of cases:
  Cases dealing with the Constitution



  Cases   dealing with federal laws

  Cases   dealing with more than one state
                     Appealing a Case

 If you do not think you had a fair trial and do not
  like the verdict, then you can appeal.
 This means you will ask a higher court to hear your
  case
 These higher courts are called circuits
    There are 11 circuits in the U.S.
 The circuit court can uphold the decision, or
 overturn it
If overturned, then the case goes back for another
 trial
         How Cases Reach the Court

 Over 8,000 cases are sent to the Supreme
  Court every year, but only a few hundred are
  considered by the Supreme Court each year
 They only make decisions about 100
 At least 4 of the 9 justices must want to hear
  the case in order for it to be heard
 If they do not want to hear it, then the
  decision stays the same
               How the Court Works

 If a case is chosen then a date is set for the trial
 Oral Arguments: Lawyers make their arguments
  in 30 minutes or less
 Briefs: written summaries of the case given to the
  Justices before the case starts. These can be over 200
  pages long
 Conference: the Justices meet in secret and discuss
  what they have heard
 The Justices all speak, in order that they became
  justices
                    Opinions

 Once the decision is made, the Supreme Court
 writes its Opinion
  The decision, and explanations of why

   The winning decision is called the majority
     opinion
   The losing opinion is called the dissenting
     opinion
  It becomes precedent, or examples to be
   followed in future cases
             Special Courts

 Not all cases are tried this way
 Special Courts deal specifically with
 the powers of Congress
          Court of Federal Claims

 If the government is sued by a person
  or group
 This is not handled by the Supreme
  Court, but by a special court put
  together by Congress
 Can you think of any possible situations
  where you might sue the government?
                 Territorial Courts

 Handles cases for the places the U.S. controls that
  are not in the United States
   Guam

   Virgin Islands

   Northern marianas

 Looks a lot like state courts in U.S.
     The District of Columbia Courts

 Had to set up a court system in
 Washington D.C. because it is not a
 state
 The Court of Appeals for the Armed Forces

 Military Court (Courts Martial)
 Handles the specific needs of the military
 All judges, lawyers, reporters, are part of the military


 Handle trials of members accused of violating
 military law

 These cases are almost never taken to Supreme
 Court
                Military Tribunals

 Deal with special aspects of the military
 Do not act as part of the regular military court
  system
 Designed to specifically meet the needs of national
  security and threats
 Examples:
    Al-Qaida
    Illegal aliens
    Terror
    Nazis
    Court of Appeals for Veteran Claims

 A Veteran is a person who has fought in a
  war for the U.S.
 This court handles cases where a veteran
  claims that the Department of Veterans
  Affairs has messed up or made mistakes in
  the veteran’s benefits.
          United States Tax Court

 Handles cases dealing with criminal tax laws
  people who have not paid their taxes
     System of Appeals: page 520


Flow Chart!

								
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