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ARTICLE III THE JUDICIAL BRANCHThe judiciary is simply the judicial branch ofgovernment which includes the court system and thejudges Lady Justice is present outside of our nation scourtrooms She symbolizes fair and equal.administration of the law without corruption favor greed or prejudice Essential Question Does our nation s court systemeffectively meet the standards set forth by Lady Justice Judiciary Branch Vocabulary Terms Phrases Available on Quizlet.Supreme Court District Court Beyond reasonable doubtJustice Courts of Appeal Innocent until provenChief Justice CertiorariAssociate Justice Rule of Four AppealJudge Recess Acquit.Plaintiff Conference UnanimousProsecutor QuorumDefendant Majority OpinionCriminal Case Concurring OpinionCivil Case Dissenting Opinion.Original Jurisdiction PrecedentAppellate Jurisdiction Judicial ActivismFederal Court Judicial RestraintState Court Balance of probability Overview of the Judicial Branch. The U S Constitution is the supreme law of theland in the United States It creates a federalsystem of government in which power is sharedbetween the federal government and the stategovernments Due to federalism both the.federal government and each of the stategovernments have their own court systems The judicial branch must apply the existing lawsto each individual situation to be sure justice isadministered fairly This includes punishing.those who are guilty of breaking the law andkeeping the rest of the community safe fromcrime Criminal Courts Courts also settle disputes between citizens thatthey can t resolve on their own Civil Courts . Taxes International Trade Veteran Affairs casesare addressed in Federal Courts The militaryhandles their own cases but ultimately can beappealed to the Supreme Court The Supreme Court. The Supreme Court is the highest federal court in the UnitedStates and was established in the Constitution in Article III TheSupreme Court is known as the court of last resort A decisionissued by the Supreme Court cannot be appealed The Supreme Court has both original and appellate.jurisdiction The court has original jurisdiction in cases of suitsbetween states or cases involving ambassadors or publicministers It has appellate jurisdiction on almost any other case Justices in back from left to right Gorsuch Sotomayor on appeal that involves a point of constitutional and or federal Kagan and Kavanaugh Justices in front from left to right Breyer Thomas Chief Justice Roberts Ginsburg and Alito . There are nine Justices on the Supreme Court there are eightassociate justices and one chief justice The Constitutionrequires a president to nominate a justice and the Senate toconfirm the appointment Once confirmed the Justice has alifetime position on the bench . Court System Levels Federal courts have limitedjurisdiction and may only hear casesauthorized by the U S Constitution orfederal statutes The federal courts.have three levels district courts thetrial courts circuit courts first levelof appeals and the Supreme Court State courts are courts of generaljurisdiction meaning that they hear.cases that not specifically selected forfederal courts State courts interpretstate laws Procedures Functions of The Supreme CourtThe Supreme Court typically receives around 7 000 requests each year On average they choose to hear arguments on.80 cases and decide another 50 cases without hearing arguments The cases chosen by the Supreme Court usuallyaddress issues of constitutionality or federal law Some cases reach the Supreme Court through a writ of certiorari The rule of four states that at least four of the ninejustices must agree to hear a case in order for that case to be placed on the court s docket or calendar If they agree tohear a given case the petition for certiorari is granted .Once the Supreme Court accepts a case it sets a date on which the case will be held The justices consider cases ontwo week cycles They hear oral arguments for two weeks and then recess for two weeks to consider those cases andhandle other court business When the justices meet to decide cases they are said to be in conference The ChiefJustice speaks first and then each associate justice summarizes his or her views After discussion and debate thejustices vote on the case A quorum of six justices is required to hear a case and decisions are based on majority votes .The court s decision on a case is known as the majority opinion or the opinion of the court and announces the court sdecision in a case The opinion sets out the reasoning for the decision If the Chief Justice is in the majority on a case he assigns the writing of the court s opinion The majority opinions serve as precedents for future cases Sometimesjustices may decide to write concurring opinions This is when one or more of the justices agree with the court sopinion and want to add or emphasize points not made in the majority opinion Dissenting opinions are written by.those justices who do not agree with the court s majority decision This is also known as the minority opinion Judicial Restraint vs Judicial ActivismThis political cartoon summarizes the checks and balancesbetween the branches of government We want ourJudicial Branch to be apolitical not involved in politics .and focused entirely on the interpretation of the laws thatgovern our nation This highlights the struggle that existsin our current court system Strict Constructionist Judges are bound by wording of theConstitution Judicial Restraint.Activist Loose Constructionist Judges should look tounderlying principles of Constitution Judicial Activism A judge can be both conservative and activist orliberal and strict constructionist However societyassociates activists with liberals and strict.constructionists with conservatives Judicial Activism Judicial RestraintPhilosophy and Goals Philosophy and Goals The courts should take an active role in solving The courts should allow the states and the other twosociety s problems and upholding minority rights branches of the federal government to solve social .economic and political problems Courts should uphold the guardian ethic They act asa guardian of the people Federal courts should act only when there are clear Examples include Civil War Era Progressive Era and constitutional questions Courts should defer to electedCivil Rights Era court cases These eras addressed lawmakers .unlawful procedures enforced by precedent but the The Courts should merely interpret the law rather thanSupreme Court overruled these policies and attempted make law The original intent of Founders should be theto establish a fairer system moving forward main objective This process usurps power of the legislature thereby Consdiminishing the rule of law and democracy This viewpoint does not adequately address injustice or the.need for social change Crafting decisions to solve immediate problems maycreate reasoning and precedent that is problematic It does not provide a method to actively interpret thewhen applied to future policies Constitution as new conditions arise Civil Courts Criminal Courts. Criminal cases are brought by a local state or Civil cases do not involve a crime It begins when aplaintiff brings the case against another body federal government and involve violation of a defendant who has failed to carry out a legal duty law These cases include theft assault robbery Civil cases usually involve a contract dispute trafficking in controlled substances murder etc .between private individuals or corporations seeking The government must prove beyond ato collect money owed or monetary damages Civil reasonable doubt the defendant broke the law cases also include divorce or issues related to child In a criminal case the victim does not bring thecustody case against the defendant The state or federal The majority of civil cases do not involve a jury government serves as the prosecutor The.Laws vary by state and county but a jury s verdict prosecutor seeks jail time fines or both for amay not have to be unanimous Judges ensure law defendant The government must presentprevails over passion during a civil case Defendants evidence as the defendant is innocent untilcan be found liable or not liable for damages The proven guilty punishment is often a fine or simply stopping the.offending act A plaintiff must produce evidence The jury must agree unanimously prior tobeyond the balance of probabilities conviction A defendant is acquitted if not guilty Only the defendant may appeal a court s verdict The prosecution is not allowed to appeal Final Message.These notes were designed to improve a student s understanding of our nation s legalsystem The materials assembled and presented on the teacher website supplementthese notes and encourage discussion and debate activities in the classroom Pleasereview the following materials on the teacher website at www nickaugustine org andaccess the civics tab to gain a greater understanding of the Judicial Branch .Time Magazine SCOTUS Cases LinkDo I Have A Right iCivics Game Complete amendment review Argument Wars iCivics GameKnow Your Rights Don t Talk To The Police Law Professor Video Lecture60 Minutes False Confessions Video.Article III: The judicial Branch. The judiciary is simply the judicial branch of government, which includes the court system and the judges. Lady Justice is present outside of our nationâ€™s courtrooms. She symbolizes fair and equal administration of the law, without corruption, favor, greed, or prejudice.