Judicial Branch L1

Functions of SC

1. Determine if laws have been broken

2. How to provide relief

3. Determine meaning of law/Const.

Judicial Independence

idea that the courts should not be subject to improper influence from other branches of gov or priv/party interest

• Safeguards: few checks, judges for life, judicial review

Peter Zenger Trial

emphasized need for impartial court system

Dual Court System

Came from issues of article

• Fed (Const -Article 3)

• State (State Const)

Jurisdiction

authority of court to hear, try, and decline a case

Original Jurisdiction

1st court to hear case

Appellate Jurisdiction

not 1st, hears appeal on case already tried to properly act out

• Cannot accept new evidence

• Can uphold, overrule, modify

Cases to Fed (4)

• US vs. Person

• Ambassador/Citizen vs foreign

• State vs State

• Fed law/Const questioned

Cases to State (3)

• Break state law

• State suing for less than $75000

• Civil

Concurrent Cases (2)

• state citizen#1 vs state citizen #2 for more than $75000

• Employment discrimination

Judiciary Act of 1789

Creates three-tiered system

1. SC: 9 justices (mainly appellate)

2. Appeal: 13 courts, 12 circuits, 6-28 judges

3. District: 2 judges, at least 1 in each state, jury for criminal/civil cases

Judicial Restraint

the idea the Const. should be interpreted how the framers intended it to be

• Not change

• Cons: times has changed, inflexible, courts job to uphold

Judicial Activism

judges should use power broadly to further justice and apply present day values

• Cons: rewrite law, unelected officials, constant change

Loving vs Virgina

Solidify Judicial Review

• Interacial marriage allowed bc of 14th