Gov: Judicial Branch

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Content Objective:

Understand the role of the courts and of the law in protecting the rights of U.S. citizens.

Language Objectives:

• Understand, learn, and use new vocabulary that is introduced and taught directly through informational text and direct instruction.
• Identify and/or summarize main ideas, facts, supporting details, and opinions in an informational and/or practical selection.
• Read and synthesize information found in various parts of charts, tables, or diagrams to reach supported conclusions.

Learning Target:

Students will identify and explain the organization and function of the judicial system.

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Constitutional Powers

Article III of the Constitution spell out the power of the nation’s judicial branch. The framer’s brevity on this topic may reflect their thinking that the judiciary would be the “least dangerous” of the three branches.

The Supreme Court met publicly for the first time on February 2, 1790. with a courtroom crowded with onlookers. Most observers were more impressed with the elegance of the justices’ robes than with the judicial business at hand, In truth, there was no business. The Court’s docket, or list of cases, was empty and would remain so for the next three years.

The Constitution established the Supreme Court as part of a federal judiciary. However the framers of the Constitution were divided as to whether the nation needed and inferior or lower courts. Congress created these inferior courts by enacting the Judiciary Act of 1789. This law established a federal judicial system made up of district and circuit courts and specified the kinds of cases the courts could try. It laid out the qualifications and responsibilities of federal judges, district attorneys, and other judicial officials. It set the number of Supreme Court justices at six and established the principle that decisions of the Supreme Court are final and cannot be appealed.

With minor changes, the federal judicial system created in 1789 is the same system we have today. The number and levels of courts has grown with the nation, and three more justices have been added to the Supreme Court to deal with its growing caseload.

The Constitution outlines the kinds of cases to be decided by the judicial branch. Article III gives the federal courts jurisdiction in two types of cases. The first type involve the Constitution, federal laws, or disputes with foreign governments. The second are civil cases in which the plaintiff and defendant are states or are citizens of different states.

Resolving Society’s Conflict

At the heart of every judicial proceeding is the law. At the heart of every law is a potential conflict. Such conflicts may involve individuals, businesses, interest groups, or society at large. The judicial system’s job is to resolve conflicts peacefully in accordance with the law and in a manner most parties to the conflict will see as just or fair.

Two Kinds of Conflicts

The challenge of resolving conflicts in a just manner usually begins in trial courts, which focus on sorting through the facts of a case. Cases can be categorized by whether the dispute involves criminal or civil law.

Criminal law refers to legal measures passed by a legislative body to protect the welfare of society and to provide punishments for those who fail to comply. People found guilty of violating criminal laws are punished through fines, prison sentences, probation, or similar penalties. To be convicted of a crime, a person must be found guilty beyond a reasonable doubt, usually by a jury. There must be no reasonable explanation for what happened other than that the accused did it.

Civil law refers to legal measures that govern conflicts between private parties or between a private party and the government. Conflicts can arise from various circumstances, including disputes over the ownership of property, injuries suffered in an accident, or questions about the terms of a contract. In most civil cases, one party sues another party for damages, or compensation of some sort

The burden of proof in civil trials is lower than in criminal trials. The party bringing the lawsuit must only prove that there is a preponderance of evidence. This means that the party must prove that it is more likely than not that the other party is at fault and should be held liable. This decision is usually made by a jury. A jury also decides on the amount of damages, or money to compensate for the losses suffered, that the party found liable should pay.

Players in a Court of Law

If you watched a trial in person, on television, or in a movie, you have most likely seen the various players in a typical courtroom. Presiding over the courtroom is the judge. The judge controls the legal proceedings, from jury selection to sentencing. It is the judge’s job to determine whether certain evidence is admissible. Before a jury decides a case, the judge instructs the jurors on how the law should guide them in making their decision.

Sitting near the judge are the people directly involved in the case being tried. In a criminal trial, the person accused of a crime is known as the defendant. The government lawyer or team of lawyers bringing evidence against the defendant forms the prosecution.

In a civil trial, the person bringing the lawsuit to court is the plaintiff. The person the suit has been brought against is the defendant. Usually plaintiffs and defendants are represented by attorneys who argue the case before the jury. To make a compelling case for their clients, attorneys may present both physical evidence, such as documents and objects, and the testimony of witnesses.

Additional officers of the court, such as the court clerk, the bailiff, and the court reporter, are not directly involved in a case. Instead, their job is to help with the functioning of the courtroom itself.

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Disclaimer

The views and opinions expressed here are those of the students and speakers of our government classes and do not necessarily reflect the views or positions of this website, institution, or organization. Any views or opinions are not intended to malign any religion, ethnic group,