Day #1 The Judicial Branch Structure and Process

[Pages:6]Name: ___________________________________ Date: ___________________ Block _______ # _______

Government Guided Notes

Unit Five ? Day #1

The Judicial Branch Structure and Process

Directions Listen and view today's PowerPoint lesson. As you view each slide, write in any missing words or phrases.

Today's Learning Standard

SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts. b. Examine how John Marshall established the Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison. c. Describe how the Supreme Court decides cases. d. Compare the philosophies of judicial activism and judicial restraint.

Constitutional Roots _______________ _____________ ________________

In the beginning of our country... No judicial branch under ________________________________________________________ ? State courts had sole authority over all cases ? major weakness of Articles Judicial Branch created in ______________________________ of the U.S. Constitution ? However, only ______ federal court created ? _____________________________________ ? Gives power to ________________________ to create any lower federal courts

The Role of the Judicial Branch To _____________________and ___________________ law This involves ________________ individual cases and then deciding how the _______ should ___________ Remember _______________________________ ? there are federal courts for federal law, and state courts for state laws!

Three Levels of Courts 1. Supreme Court 2. Appeals Courts 3. Trial Courts

Sources of Law 1. _______________________________ of the United States 2. _____________________laws ? (statutes) laws that are written by state legislatures and other lawmaking bodies 3. ____________________ Law ? origin of ____________________; past rulings are differed to when issuing decisions (using ________________________________)

Two Branches of Law

1. ____________________ Law ? deals with the relationship between the ___________________ and ______________________________

_____________________________ Law _____________________________ Law _____________________________ Law ? rules and regulations of the government agencies ______________________________Law ? rules that guide relations with other countries

2. _____________/____________Law ? deals with ___________________ between __________________, ______________________________ or other organizations

_______________________ _______________________ _______________________ (wrongful act that injures a person or someone's property) _______________________ Relations

What is a Federal Crime? ______________________ Crime: a crime that is either made illegal by U.S. _____________ _____________ _________ a crime that _________________ on U.S. ___________________ _______________________.

___________________ during a hostage-taking Murder with the intent of preventing testimony by a witness, victim, or informant ___________________ of injurious articles with intent to kill or resulting in death Murder for hire Bank-robbery-related murder or kidnapping Murder by the use of a weapon of mass destruction __________________ in large quantities of drugs __________________ Murder related to the smuggling of illegal immigrants Murder committed during a drug-related drive-by shooting Murder committed at an airport serving international civil aviation Civil rights offenses resulting in death Murder of a member of ________________________, an important executive official, or a

Supreme Court _______________________ Murder committed by the use of a firearm during a crime of violence or a drug trafficking

crime Murder of a U.S. national in a foreign country Murder during a kidnapping Murder involving torture ____________________________ __________________________ of airplane

Federal Court System

Federal ______________________ Courts Federal __________________ courts; currently _________ courts at least ____________________________________ plus D.C. and Puerto Rico 2 judges per court have __________________________ jurisdiction hear ___________ of federal cases (about _______________________/yr.)

Court of ____________________________ Set in ______ districts or _________________; usually 3 judge panels (11 "regions," and one in DC) hear ____________________ from district courts set up to _________________ ____________________ of Supreme Court have ______________________ jurisdiction does __________ always mean a trial about _______________________ cases/yr.

Supreme Court Court of ____________ ___________ - most appeals come from the Court of Appeals currently _______ associate justices and _____ chief justice _______________________________ ? can declare a law or action ___________________________ meets on the first Monday of _____________________ each year and usually continues in session through __________________. cases are heard ___________________, which means by _______ the ______________ ____________ __________________________ in open court. about ___________________ cases ____________/yr., only about _________ get _______ ___________

Other Federal Legislative Courts _________________________ set up like federal district courts in U.S. territories _________________________ handles all cases for the nation's capital ______________________________________________ civil cases (involve money or property) foreign business dealings covered here

________________________________ disputes between taxpayers & the IRS __________________________________________ trials of service persons (court martial) Court of ______________________________________________________ nationwide jurisdiction civil cases mostly patents, trademarks, copyrights U.S. ___________________________ public officials can be sued here Government can be sued in some cases approved by Congress

Process to the Supreme Court 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

Making Decisions Judicial ________________________ ? the Court ________________ _______________ to matters of law and justice as they are brought before them. Judicial ______________________ ? the Court does __________ limit itself from ___________ ________ with its ____________________________. Write Opinions ? ? ______________________ ? the decision of the court ? _______________________ ? agrees with the decision but wants to explain ? _______________________ ? disagrees and wants to explain why

? ___________________________ ? a principle or rule established in a ________________ legal case that is either ________________ ______ or ____________________ for a court when deciding _______ cases with _____________________________ issues or facts. ? Unique to states who follow common law

Layers of Judiciary Federal Court Structure ? _____________________________ ? Created by Congress through the Judiciary Act of 1789 act as federal trial courts ? _____________________________________ ? Created by Congress in 1891 ? act as federal appeal courts ? ___________________________ ? Created by the Constitution

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download