JBR - Judicial Branch Module Overview
Judicial Branch Module Overview
Article III of the United States Constitution outlines the structure and powers of the judiciary, or the judicial branch of government. Although the judiciary is not responsible for making laws, it is an important part of the U.S. government system because it is responsible for interpreting and applying the law. It enables our government to function effectively. The highest court in the United States is the Supreme Court, and the other parts consist of the federal and state court systems. Throughout history, there have been several landmark Supreme Court cases that have shaped our nation. In addition to these cases, there have been a few influential Supreme Court justices who have used their knowledge and power to persuade the court's decision over certain issues. In the "Judicial Branch" module, you will learn about the jurisdiction of the Supreme Court, federal courts, state courts, the history of the Supreme Court, how the Supreme Court decides cases, and philosophies of judicial activism and restraint. You will also analyze several landmark Supreme Court cases that helped to shape our nation both politically and socially.
Essential Questions
- What is the jurisdiction of the Supreme Court, federal courts, and state courts?
- How did John Marshall establish the Supreme Court as an independent, coequal branch of the U.S. government?
- How does the Supreme Court decide cases?
- What are the philosophies of judicial activism and judicial restraint?
Key Terms
- Appellant - someone who files an appeal; found the original ruling a mistake
- Appellate jurisdiction - the court has the power to review a lower court's decisions; generally part of the appeals process
- Bankruptcy - the legal remedy for a person or organization unable to pay debts owed; a court order
- Briefs - written arguments that illustrate the cause and effect from both sides of a case
- Concurrent jurisdiction - two or more courts from different districts have the power to make decisions on a particular case
- Concurring opinions - an opinion made by judges of a court which agrees with the majority of the court but has different reasons for agreement
- Dissenting opinions - an opinion offered by judges of a court expressing disagreement
- Due Process Clause - contained in the 5th and 14th amendments; safeguards the denial of life, liberty, or property by the government outside the law
- Exclusive jurisdiction - where one court has the sole power to hear a case
- Grand juries - a group of individuals selected to rule on the validity or sufficiency of evidence against the accused
- Indictment - a formal charge or accusation that a person has committed a crime
- Judicial activism - judges have the ability to interpret the views outlined in the Constitution; decisions are based on political or personal beliefs
- Judicial restraint - limits the exercise of a judge's powers to interpreting laws based on precedent and the Constitution without interjecting personal beliefs
- Jurisdiction - the power to make legal decisions by applying the law
- Magistrate judges - lower court judges that try the first hearings of a case
- Majority opinions - a decision made by more than half of the members of a court
- Marbury vs. Madison - a landmark Supreme Court decision that established judicial review, the boundary established between the powers held by the judicial and executive branches of government
- Misdemeanor - minor criminal acts usually punished by fines or fees
- Original jurisdiction - the court's power to hear a case for the first time
- Precedent - a principle or rule established from past court decisions
- Sovereign Immunity - is immune to criminal prosecution or a civil suit; involvement of a state
- Writ of certiorari - an agreement made by the Supreme Court to hear a case decided by a lower court
IMAGES CREATED BY GAVS OR OPENSOURCE