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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 nation s. courtrooms She symbolizes fair and equal, administration of the law without corruption favor . greed or prejudice , Essential Question Does our nation s court system. effectively meet the standards set forth by Lady Justice . Judiciary Branch Vocabulary Terms Phrases Available on Quizlet. Supreme Court District Court Beyond reasonable doubt. Justice Courts of Appeal Innocent until proven, Chief Justice Certiorari. Associate Justice Rule of Four Appeal, Judge Recess Acquit. Plaintiff Conference Unanimous, Prosecutor Quorum, Defendant Majority Opinion. Criminal Case Concurring Opinion, Civil Case Dissenting Opinion. Original Jurisdiction Precedent, Appellate Jurisdiction Judicial Activism. Federal Court Judicial Restraint, State Court Balance of probability. Overview of the Judicial Branch, The U S Constitution is the supreme law of the. land in the United States It creates a federal, system of government in which power is shared. between the federal government and the state, governments Due to federalism both the. federal government and each of the state, governments have their own court systems . The judicial branch must apply the existing laws. to each individual situation to be sure justice is. administered fairly This includes punishing, those who are guilty of breaking the law and. keeping the rest of the community safe from, crime Criminal Courts . Courts also settle disputes between citizens that. they can t resolve on their own Civil Courts , Taxes International Trade Veteran Affairs cases. are addressed in Federal Courts The military, handles their own cases but ultimately can be. appealed to the Supreme Court , The Supreme Court. The Supreme Court is the highest federal court in the United. States and was established in the Constitution in Article III The. Supreme Court is known as the court of last resort A decision. issued by the Supreme Court cannot be appealed , The Supreme Court has both original and appellate. jurisdiction The court has original jurisdiction in cases of suits. between states or cases involving ambassadors or public. ministers 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 eight. associate justices and one chief justice The Constitution. requires a president to nominate a justice and the Senate to. confirm the appointment Once confirmed the Justice has a. lifetime position on the bench , Court System Levels . Federal courts have limited, jurisdiction and may only hear cases. authorized by the U S Constitution or, federal statutes The federal courts. have three levels district courts the, trial courts circuit courts first level. of appeals and the Supreme Court , State courts are courts of general. jurisdiction meaning that they hear, cases that not specifically selected for. federal courts State courts interpret, state laws . Procedures Functions of The Supreme Court, The 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 usually. address 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 nine. justices must agree to hear a case in order for that case to be placed on the court s docket or calendar If they agree to. hear 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 on. two week cycles They hear oral arguments for two weeks and then recess for two weeks to consider those cases and. handle other court business When the justices meet to decide cases they are said to be in conference The Chief. Justice speaks first and then each associate justice summarizes his or her views After discussion and debate the. justices 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 s. decision 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 Sometimes. justices may decide to write concurring opinions This is when one or more of the justices agree with the court s. opinion 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 Activism, This political cartoon summarizes the checks and balances. between the branches of government We want our, Judicial Branch to be apolitical not involved in politics . and focused entirely on the interpretation of the laws that. govern our nation This highlights the struggle that exists. in our current court system , Strict Constructionist Judges are bound by wording of the. Constitution Judicial Restraint, Activist Loose Constructionist Judges should look to. underlying principles of Constitution Judicial Activism. A judge can be both conservative and activist or. liberal and strict constructionist However society. associates activists with liberals and strict, constructionists with conservatives . Judicial Activism Judicial Restraint, Philosophy and Goals Philosophy and Goals. The courts should take an active role in solving The courts should allow the states and the other two. society 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 as. a 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 elected. Civil Rights Era court cases These eras addressed lawmakers . unlawful procedures enforced by precedent but the The Courts should merely interpret the law rather than. Supreme Court overruled these policies and attempted make law The original intent of Founders should be the. to establish a fairer system moving forward main objective . This process usurps power of the legislature thereby Cons. diminishing 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 may. create reasoning and precedent that is problematic It does not provide a method to actively interpret the. when 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 a. plaintiff 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 a. to 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 the. custody 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 a. may not have to be unanimous Judges ensure law defendant The government must present. prevails over passion during a civil case Defendants evidence as the defendant is innocent until. can 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 to. beyond 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 legal. system The materials assembled and presented on the teacher website supplement. these notes and encourage discussion and debate activities in the classroom Please. review the following materials on the teacher website at www nickaugustine org and. access the civics tab to gain a greater understanding of the Judicial Branch . Time Magazine SCOTUS Cases Link, Do I Have A Right iCivics Game Complete amendment review . Argument Wars iCivics Game, Know Your Rights Don t Talk To The Police Law Professor Video Lecture. 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.