Judicial branch

The job of the judicial branch

To interpret the laws

Maryland court order: Step 1

District court

Maryland court order: Step 2

Circuit Court

Maryland court order: Step 3

Court of appellate

Maryland court order: Step 4

Maryland Supreme court

Federal Court order: Step 1

US District Court

Federal Court order: Step 2

US Circuit Court

Federal Court order: Step 3

Supreme Court

US District Court amount

94

US Circuit Court amount

12

Original Jurisdiction DEF

Authority that allows a court to hear a case for the first time

Appellate Jurisdiction DEF

Authority that allows upper courts to review decisions made by lower courts, or for a 2nd time

Concurrent Jurisdiction DEF

Cases that can go to either federal or state court

Federal Jurisdiction DEF

Cases that involve a “federal question”

State Jurisdiction DEF

Cases that involve events that took place in the state or where the defendant resides

Criminal Law - DEF

laws that deal with crimes against society and are enforced by the government.

Civil Law - DEF

Laws that deal with disagreements between people or groups, usually about money or rights.

Criminal Law - Prosecution

the government (state or federal) bringing the case

Criminal Law - Defendant

the person accused of committing the crime

Civil Law - Plaintiff

the person who brings the lawsuit

Civil Law - Preponderance of Evidence

More than 50% guilt

Criminal Law - Beyond a Reasonable Doubt

98-99% likelihood of guilt

Criminal Law - Misdemeanor

Less serious crime, often involves shoplifting, vandalism, and disorderly conduct

Criminal Law - Felony

Serious crimes, often involves murder, kidnapping, and arson.

Pssttt - This is also what Trump is!

Civil Law - Contract

deals with agreements between people or businesses

Civil Law - Property

deals with ownership and use of land or belongings.

Civil Law - Family

focuses on legal issues involving families

Civil Law - Tort

involves harm caused to a person or their property, usually by accident or carelessness

Civil Law - Punishments

Fines or other legal actions, never jail

Criminal Law - Punishments

Fines, prison, or even execution

Plea Bargain DEF

Defendant admits guilt to a lesser charge to avoid a harsher sentence.

Reasons for appeal

• Jury biased

• Didn’t receive proper council

• Evidence found against you was unconstitutionally found

Amount of justices on the supreme court

9

Amount of associate justices

8

Amount of chief justices

1

How long Supreme Court justices serve

For life - until retirement, impeachment, or passing

Does supreme court have Original or Appellate jurisdiction?

Both original and appellate

Most of the cases the Supreme court hears

Appellate

Rule of Four

4/9 Justices must agree to HEAR a case

Stare Decisis

If the courts do not accept to hear the case, then the ruling of the last court stands

Writ of Certiorari

a request that the Supreme Court order a lower court to send up a case for review.

Briefs

 written documents stating legal arguments, facts , and the relevant laws related to the case to help communicate their position to the Court

Oral Arguments

the attorneys/lawyers from both sides present their case and answer questions from the justices

Court in Conference

where the justices present their views on the case and vote on their decision.

Majority Opinion

Official written decision of the court, agreed upon with the same reasoning

Precedent

judicial decision model that can apply to future cases

Concurring Opinion

Agrees with final decision but has a different reasoning or adds a reasoning

Dissenting Opinion

Disagrees with majority opinion with reasoning why

Person who nominates the potential justices

The president

The group who interviews the nominee and confirms or rejects them

The Senate

Marbury V. Madison

Helped establish Judicial review

Judicial Review DEF

giving courts the power to decide if laws are constitutional.

Which of the following is most closely associated with judicial activism?

c. Courts should interpret the Constitution in a way that adapts to contemporary social issues.

Which of the following is a characteristic of judicial restraint?

b. Judges show reluctance to interfere with decisions made by elected branches of government.

Judicial Activism DEF

Judicial tendency to overturn previous decisions of the court, or ruling of laws as being unconstitutional

Judicial Restraint DEF

Judicial tendency to let prior decisions stand