[go: up one dir, main page]

0% found this document useful (0 votes)
52 views25 pages

Gr10-Civics - Ch10, Section 1

Uploaded by

carminealistair
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
52 views25 pages

Gr10-Civics - Ch10, Section 1

Uploaded by

carminealistair
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 25

Ch,10: The Judicial Branch

The Roles of the


Section.1

Federal Courts
Objectives:

▰ Understand the need for laws and courts in our


society.
▰ Learn what courts do.
▰ Discuss and compare the roles of state courts

and federal courts.

2
Key Terms

▰ plaintiff ▰ original jurisdiction


▰ defendant ▰ appeal

▰ Prosecution ▰ Appellate

▰ precedent ▰ jurisdiction

3
Preview
Our legal system provides a frame-work for
resolving conflicts and protecting the rights
of citizens. Federal and state courts hear
criminal and civil cases. The Supreme Court
hears a handful of those cases on appeal.

4
I. Laws and Courts

5
Laws and Courts
▰ In our society, disputes involving laws are resolved in the legal system.
▰ For example: A legislative body makes a law prohibiting one person from purposely
damaging another's property.
▰ If a junior high student is then accused of throwing a baseball through someone else's
window, several issues may have to be decided.
*. Was the ball thrown on purpose? *. Has the law been broken?
*. Is the accused person innocent or guilty?
*. How shall the person who threw the baseball repay the person whose
window was broken?
▰ These questions may be decided by the people involved in the incident, but if the matter is
serious enough, it mad` have to be decided within the legal system.
6
II. What Courts Do ?

7
What Courts Do?

• All courts perform the same basic function: to apply the law to an actual
situation. Courts interpret the law and then determine how to apply the
law to the given situation.
• Courts in our legal system resolve two kinds of legal conflicts:

▰ A criminal case: determines ▰ A civil case: settles a disagreement.


whether a person accused of ▻ The disagreement can arise over:
breaking a law is innocent or
guilty. ▻ such issues as who broke a
contract.
▻ what the punishment will be.

8
The Two Parties in a Typical Civil Case:

▰ The plaintiff, an individual ▰ The defendant: the party


or a group of people who who answers a complaint
bring a complaint against and defends against it.
another party. ▰ The defendant may be an
individual, a group, or a
government body.

9
Example case

Suppose that Mabel Edwards brought the Techno Corporation to court,


claiming that the company had denied her a job because of her race. She
would be the plaintiff in this civil case, and the company would be the
defendant. The case would be called Edwards v. Techno Corporation. When
referencing a civil case, the name of the plaintiff is listed first. The name of
the defendant is listed last. If Ted Burke were suing Mercy Hospital because
the hospital had failed to diagnose his illness, the case would be called Burke
v. Mercy Hospital.

10
The Two Parties in a Criminal Case:

▰ Prosecution is a ▰ A defendant who is


government body that accused of breaking one of
brings a criminal charge. its laws.
▻ The Prosecution is
referred to as "The
People" and is
represented by a
government lawyer
known as a
prosecutor. 11
Example case

Suppose Arlo Ashley was accused of robbing a convenience store in Lima,


Ohio. The state of Ohio would bring him to court on charges of theft. The
criminal case would be called People of the State of Ohio v. Ashley. When
referencing a criminal case, the prosecution is listed first. The defendant is
listed last.

12
The Members of the Court:

▰ In a court, the job of a judge is to apply the law to the conflict


between the plaintiff or prosecution and the defendant.
▻ This means determining which side’s argument is most in
keeping with the law.
▰ The judge directs the proceedings
▰ Many legal cases also involve a jury, which decides the facts of a
case—what happened and who did it.
▰ A trial by jury is one of the rights guaranteed by the Constitution
to a person accused of a crime. 13
Interpreting the Law:

▰ In the process of hearing a case, a court may have to decide


what the law in question means,
▻ For example, does a law banning "motor vehicles" in a park
also include radio-controlled model cars?
▰ A court may also have to decide if the law is allowed by the
Constitution.

14
▰ Although the legal system deals with individual cases, a court's decision
in a case can have very broad effects.
▰ This is because a court's decision can establish a precedent, a guideline
for how all similar cases should be decided in the future.
1. A precedent makes the meaning of a law or the Constitution
clearer.
2. It also determines how the law should be applied
▻ For example, the Court's decision in Brown v. Board of Education
established a precedent that made any law segregating blacks and
15
whites unconstitutional.
III. State Courts and
Federal Courts

16
III. State Courts and
Federal Courts

▰ Our legal system is made up of two separate but interconnected


court systems— those of the states and those of the federal
government.
▰ Decisions that establish the broadest precedents are made in the
highest federal courts.
▻ However, most legal cases begin in a lower court, often at
the level of state government.

17
III. State Courts and
Federal Courts

▰ Each state has courts at different levels of government and courts for
different purposes, such as traffic courts and juvenile courts.
▰ Municipal courts operate on the city level and hear cases involving small
sums of money or misdemeanors like traffic violations.
▰ Most of the laws that govern our everyday actions are state and local
laws.

18
Jurisdiction:

▰ The court to which a legal case first goes has original jurisdiction, the authority to hear a case
first.
▰ A court with original jurisdiction determines the facts in a case.
▰ In certain cases, a judge hears the case alone. Because they hold trials to resolve cases,
courts with original jurisdiction are also called trial courts.
▰ What happens if the court of original jurisdiction makes a decision that the plaintiff or
defendant in the case believes is unjust?
▻ he or she has the right to appeal, to ask a higher court to review the decision and
determine it justice was done.
▰ In each state, there are appeals courts set up to hear cases appealed from lower state
courts. These courts have appellate jurisdiction, the authority to hear an appeal.
19
Jurisdiction:

▰ An appeals court does not hold a trial, nor does it determine the facts in a case.
1. It reviews the legal issues involved.
2. It determines whether the law was applied fairly and whether due process
of law was followed.
3. My decide to affirm, or let stand, the lower court's decision.
▰ However, if it decides that the trial was unfair, it may reverse the lower court's
decision. When that happens, the appeals court may order another trial.
▰ The new trial is held in the court of original jurisdiction.
20
Jurisdiction:

▰ The Constitution prohibits double jeopardy—being tried again for the same
crime.
▰ The appeals process may go beyond the first appeals court.
▰ Although state court systems differ, most have three levels:
1. trial courts
2. appeals courts
3. a court of final appeals.

21
Cases Heard by the Federal Courts:

Federal courts hear two kinds of cases.


1. First, they hear cases involving federal laws and issues beyond the authority of
individual states. In these cases, the federal courts have original jurisdiction.
2. Second, they hear cases appealed from state supreme courts. These cases
must involve a federal law or a constitutional issue. They are heard only by the
Supreme Court. This gives the Supreme Court and the federal judicial branch
the leadership role in our legal system.

22
Section 1 Assessment

Use each of the key words below in making a new sentence:

▰ plaintiff ▰ original jurisdiction


▰ appeal
▰ defendant
▰ Appellate
▰ Prosecution
▰ jurisdiction
▰ precedent
23
2. a. to resolve disputes involving laws
b. Our country would probably be more violent.
3. a. Criminal and civil cases are heard by the federal courts.
b. A new precedent could affect similar cases in the future.
4. a. trial courts, appeals courts, and a court of final appeals
b. A case may begin in trial court and then be appealed to a
state appeals court, to the state supreme court, and then to
the Supreme Court of the United States.

You might also like