The role of the Judicial Branch is
to …
Interpret the laws and is executed
by the Supreme Court and the
court systems
What is civil disobedience?
Exercise of peaceful protest
Criminal law covers
Actions forbidden by a society’s
government and is punishable by
imprisonment
Two examples of required citizen
participation in the court system
are…
Witnesses and jury duty
The judicial system is funded
by…
Our taxes
Two types of court systems
Federal and state courts
State courts are predominately
for what type of court cases?
Cases where people break state
and local laws and do not meet
federal requirements
Federal courts are predominately
for what type of court cases?
Where people break federal laws
or a case involving diversity of
citizenship (from two different
states)
ex. Break a law in one state, but
travel over state lines.
The Constitution created which
court…
Supreme Court
The Constitution gave Congress
the power to create these…
all lower courts
There is an established
hierarchical path that a case must
follow in the court system,
starting with the…
Lower courts and moving to
higher courts
Idaho state courts follow the
same processes and procedures as
the…
Federal Courts
Supreme Court appointment
process
Appointed by president,
confirmed by the Senate
It is the highest court of the land
and has the power to make
landmark decisions that affect all
Americans
Supreme Court
Supreme Court justices serve
for…
Fired, retired, expired
Number of justices of the
Supreme Court
9
Typical route of appealing a case
to the Supreme Court
Federal District Court – Federal
Appeals Court – The Supreme
Court
An order by the Supreme Court
directing a lower court to send up
the record in a given case for
review
Writ of certiorari
Does the Supreme court have to
hear all cases?
No
Judicial review is…
Supreme Court’s ability to check
the legislative and executive
branches by determining the
constitutionality of a law.
The Supreme Court’s power of
judicial review came from what
case?
Marbury v. Madison
What are the two types of
jurisdictions?
Original and Appellate
Original jurisdiction is…
Hearing the cases the first time
for fact finding or finding out
what happened
Appellate cases are…
Cases heard on appeal…for legal
finding or if you think a legal
mistake was made in a lower
court
The court systems must be
guided by…
Principles of due process, equal
protection, and rule of law
What is due process?
Both the Federal government (5th
Amendment) and the State
governments (14th Amendment)
cannot deprive any person of life,
liberty, or property
What is the equal protection
clause?
14th Amendment…States and
their local governments cannot
draw unreasonable distinctions
between classes of persons.
(Supreme Court has held that the
5th Amendment does the same for
the Federal government)
Rule of law means…
Government and its officers are
always subject to the law
…act as a common law; they are
rulings from higher courts that
help lower courts rule.
precedents
…the belief that the Supreme
Court justices should actively
make policy and sometimes
redefine the Constitution
Judicial activism
Judicial restraint is the belief
that…
Supreme Court justices should
not actively try to shape social
and political issues or redefine
the Constitution.
Prevents unjust arrests and
imprisonments
Writ of habeas corpus
The person who files suit or some
other legal action against another
plaintiff
The person whom a court action
is brought against
defendant
Right to counsel was guaranteed
by what case?
Gideon v. Wainwright
What case overturned Plessy v.
Ferguson’s separate-but-equal
doctrine
Brown v. Board of Education
Police must inform you of your
constitutional rights before
questioning because of this case.
Miranda v. Arizona