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6.1 Introduction to the Judicial Branch
Presentation
•
Social Studies
•
12th Grade
•
Easy
Amy Schneider
Used 3+ times
FREE Resource
21 Slides • 3 Questions
1
Introduction to
the Judicial
Branch
Unit 6-1
This Photo by Unknown author is licensed under CC BY-SA-NC.
2
Lesson
Overview
• Students Will Be Able To:
• Identify why the Framers added a
national judicial branch.
• Distinguish between the jurisdictions of
different courts.
• Explain the structure of courts in
the federal or state judicial system.
• Vocabulary:
• Appeal, Appellate Jurisdiction, Circuit
Court of Appels, Civil Law,
Constitutionality, Criminal Law, District
Courts, Jurisdiction, Original Jurisdiction
3
Essential Question- How is the judicial branch structured?
4
Adding the Judicial Branch
• Under the AOC (Articles of Confederation) there was nothing about a federal judicial branch
~Because of this States could interpret laws very
broadly or simply not follow them at all
~Nowhere to resolve disputes between states
• To address these and other issues the 3rd
Article of the US Constitution was created -
Supreme Court became the highest
authority of judicial power
oThere are other federal courts below the
Supreme Court but in the hierarchy, they are
lower
5
Adding the Judicial Branch
6
Draw
Circle, or put a mark next to the ONE correct answer. What was the main reason the Framers of the Constitution added a national judiciary to the United States government?
7
8
Federal and State Courts
• As part of Federalism the United States has both a
federal court system and a state court system
• Most court cases involve state laws and are heard in state courts
• (Imagine if you commit a crime in PA, that is where the trial
will be)
• These cases deal with Criminal Law- law related to
the punishment of people who commit crimes
• Civil Law- deals with cases related to legal disputes
between individuals or organizations
• Example- Law Suits, Suing someone or a business
• Can you think of a lawsuit that you have heard of before?
9
Federal Courts Also Hear Cases That...
• Fed courts deal with cases that concern
Constitutionality- consistency with the
Constitution
• Does it violate the Constitution in other words
• This is the primary duty of the Supreme Court
• Federal Courts also hear cases that deal with-
• Treaties
• Pubic Officials
• Disputes between states
• Any other cases that the Constitution gives them
authority over
• Some cases also move their way from state to
federal court depending on the issues
10
Categorize
Student suspended for wearing offensive clothing- claims 1st amend rights violated
2 states share river border- each state claims an island in river is theirs
Landlord evicts renter- renter says they did not violate renter contract
Person arrested for stealing items from someone's garage
Place the items under the court system that would hear the case.
11
Jurisdiction and Appeals
• Jurisdiction- is the legal power to make a binding decision (in
other words which court has the authority)
• Example-
• State Courts deal with matters involving state laws
• Federal Courts deal with cases involving the Constitution and disputes
between states
• Jurisdiction is determined by the type of case and those
involved
• Example- Steal a car in PA (State Crime) but if you drive it across state
lines (Federal Crime)
• Original Jurisdiction- refers to the power to hear a case for the first time
• Cases can be Appealed- challenged the decision by bringing the case to a higher court
• An appealed case will go to the court with Appellate Jurisdiction- Courts
with the power to hear the appeal and either uphold or change the
original ruling
Why do you
think people
can appeal
rulings?
12
Original or Appellate Jurisdiction?
The power to hear a case for the first time
the power to hear the appeal and either uphold or change
the original ruling
13
District Courts
• Constitution gave Congress the power to
establish these courts with the Judiciary Act of
1789
• District courts are at the lowest level of Federal Courts
• Look at the visuals to see the different levels and to
see what PA's Federal Judicial Districts look like
• District courts have original jurisdiction on
cases-
• Involving federal law
• Disputes between people of different states
• Disputes where a state is involved
14
District Courts
• federal districts correspond to states BUT
federal and state courts have different original jurisdiction
• state courts have original jurisdiction in cases
related to state laws
• federal district courts have original jurisdiction
in cases involving
• federal laws, disputes between people of different
states, disputes where a state is one of the parties
involved, and other specific types of cases.
15
Circuit Courts
Circuit Court of Appeals-are appellate courts that hear appeals from federal courts and sometimes state courts
oNamed after the "Circuit
System" when judges would
travel from town to town, as
well as lawyers
This is what Abraham Lincoln
used to do before politics
16
Circuit Courts
federal judicial system has 12 regional circuits throughout the country, each with a circuit court of appeals. The map shows the circuits shaded in different colors.
•
Circuit courts of appeal have appellate
jurisdiction for cases originally heard in
district courts within the circuit
•
also a Court of Appeals for the Federal Circuit, which has nationwide
jurisdiction to hear appeals in
specialized cases.
17
United States Supreme Court (SCOTUS)
• Known as the highest court in the United States
• Has original jurisdiction in cases dealing with-
• Disputes between states
• Disputes between other countries' ambassadors and other
high ranking officials
• Has appellate jurisdiction to review cases from lower courts
• Supreme Court decision cannot be appealed (This is why it is called the "Last/Final Court of Appeal")
• only way to change a decision by the Supreme Court is by
amending the Constitution or a new Supreme Court Case
• Example- The 14th Amendment reversed the Dred Scott
Decision
18
Match the level of court to the type of jurisdiction it has.
19
Match
Match the following
District Court
Circuit Court
Supreme Court
Original Jurisdiction
Appellate Jurisdiction
Original & Appellate Jurisdiction
Original Jurisdiction
Appellate Jurisdiction
Original & Appellate Jurisdiction
20
Match the level of court to the type of
jurisdiction it has.
21
Pennsylvania's Court System
• Our state's court system is modeled after the federal system's pyramid that we have been looking at
• In the visual the cases would work their way up the pyramid
• Minor Courts- responsible for minor civil lawsuits and
early hearings on criminal law cases
• Courts of Common Pleas- general courts of PA and handle Civil Cases where more than $7,000 is at stake, more serious criminal cases and family and child cases
• Superior Court/Commonwealth Court- both are appellate courts
• Most appealed cases go to the Superior Court
• Commonwealth Court deals with lawsuits against the state
government and local governments
• Pennsylvania Supreme Court- highest court in PA, hears
appeals from Superior and Commonwealth Courts, it's
ruling on a case is final
22
If someone appeals the Pennsylvania Superior Court's decision involving a Pennsylvania state law, which court would hear the case next?
A
the Pennsylvania Supreme Court
B
the Commonwealth Court
C
one of the federal district courts in Pennsylvania
D
one of the federal circuit courts of appeals in Pennsylvania
23
If someone appeals the Pennsylvania Superior Court's decision involving a Pennsylvania state law, which court would hear the case next?
A
the Pennsylvania Supreme Court
B
the Commonwealth Court
C
one of the federal district courts in Pennsylvania
D
one of the federal circuit courts of appeals in Pennsylvania
24
Essential Question- How is the Judicial Branch
structured?
• State judicial branches hear cases related to state laws, while the federal branch handles cases related to federal laws, disputes involving states, and other specific types of cases.
• Courts may have original jurisdiction and hear a case first, or they may have appellate jurisdiction and hear appeals.
Introduction to
the Judicial
Branch
Unit 6-1
This Photo by Unknown author is licensed under CC BY-SA-NC.
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