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This book has information on the judicial branch. It is helpful for students learning about the Judicial Branch.

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Judicial Branch 4 Dummies

By Emma 

This book includes the main information you need to know about the Judicial Branch. It is helpful for those students that are learning about the Judicial branch. It has simple questions that people ask and what the answers would be in words that kids can understand.

Table of Contents

Chapter #1...........................................1

Chapter #2...........................................2

Chapter #3...........................................4

Cases 1, 2, & 3......................................5

Citations ..............................................6




Chapter #1

Question #1: 

According to Article III of the Constitution, What powers does the Judicial Branch Have?

Answer:

They have the power to interpret the law of the United States. They can also create other inferior (Lower) courts.They can hold office during “Good behavior”, so that lets the judges serve life term. So they serve until they get removed from office, resign, die, or retire. They serve life terms because they get job security, and allows appointed judges to do what is right under the law, there was no term written for the judges in the Constitution. Their salary can’t be decreased.

"Checks And Balances." Unit 19. N.p., 2018. Web. 19 Feb. 2018.

Question #2:
What checks and Balances do they have on the other branches?
Answer:
The checks and balances keep every branch from becoming too powerful. The judicial branch can declare those laws and acts unconstitutional.The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations. They can interprets laws, but the Senate in the legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.The Supreme Court justices can’t be fired by the president.

Congress for Kids: [Constitution]: Checks and Balances. N.p., n.d. Web. 19 Feb. 2018.

Question #3:

Federal Courts Vs. State Courts, what cases go where?

Answer:

Cases in which the United States is a party; Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction). Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and  Bankruptcy, copyright, patent, and maritime law cases. State court: speeding tickets to major felonies.

Judicial learning. “Article III and the Courts.” The Judicial Learning Center, Judicial Learning, 2015, judiciallearningcenter.org/article-and-the-courts/

Chapter #2

Question #4:

Federal Courts Vs. State Courts, what cases go where? 

Answer:

The drug and alcohol goes to the federal and crime and other violence goes to the state court. Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress. The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear. Federal Court has more important cases involved like drugs and murder. State Court has more minor cases driving and stealing small items.

JUDICIAL BRANCH. “The 3rd Article of the U.S. Constitution.” National Constitution Center – The 3rd Article of the U.S. Constitution, 

Question #5:

What does the U.S. district courts do? (What trials do they hear?)

Answer:

 They hear criminal and civil cases. A civil case is a noncriminal lawsuit like private property rights. A criminal case is a case involving the law or criminal act. 

JUDICIAL BRANCH, 2017, constitutioncenter.org/interactive-constitution/articles/article-iii.

Question #6:

What does the U.S. Courts of Appeals do? (What trials do they hear?)

Answer

  • The US Courts of Appeals read over decisions that are made in lower courts. There are 12 US courts of appeals. The US courts of appeals don’t actually do trials, they either keep the original decision, do the opposite of the decision, or send back. their decision. They look over the arguments on each side and then take a majority vote. There are normally a panel of three judges that take part in reviewing  the record cases. If the appeals court makes a decision, they write an opinion for the court.

  • “Judicial Branch.” Congress for Kids: [Constitution]: Checks and Balances, www.congressforkids.net/Constitution_checksandbalances.htm.



Question #5:

What does the U.S. district courts do? (What trials do they hear?)

Answer:

 They hear criminal and civil cases. A civil case is a noncriminal lawsuit like private property rights. A criminal case is a case involving the law or criminal act. 

  • “Checks and Balances - Definition, Examples, Processes.” Legal Dictionary, 11 May 2016, legaldictionary.net/checks-and-balances

Question #6:

What does the U.S. Courts of Appeals do? (What trials do they hear?)

Answer

The US Courts of Appeals read over decisions that are made in lower courts. There are 12 US courts of appeals. The US courts of appeals don’t actually do trials, they either keep the original decision, do the opposite of the decision, or send back. their decision. They look over the arguments on each side and then take a majority vote. There are normally a panel of three judges that take part in reviewing  the record cases. If the appeals court makes a decision, they write an opinion for the court.

  • Judicial-Legislative Checks and Balances.” Checks and Balances: The Three Branches of the American Government, Encyclopedia.com, www.encyclopedia.com/politics/legal-and-political-magazines/judicial-legislative-checks-and-balances

Qualifications

There isn't really a lot of requirements to becoming a member of the judicial branch. It has the requirements of becoming a president which includes being a United States citizen. Also is a person who owes allegiance to the U.S. Also a requirement is that the person is a person admitted as a refugee or granted asylum who has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or is a lawful permanent resident who is seeking citizenship as outlined in 8 U.S.C.

  • “Levels of the Federal Courts.” The Judicial Learning Center, 2015, judiciallearningcenter.org/levels-of-the-federal-courts/.

  • "Qualifications for the Office of President." Qualifications and Requirements for the Office of President of the United States. N.p., n.d. Web. 26 Feb. 2018.

How Long do they serve in office

They are in for life unless they break the laws then they can be impeached. The president can't fire them. 

How do they get there

Take the LSAT , go to law school, graduate, pass the bar exam, get licensed to practice in your state and/or federal district court, practice law for X amount of years and build a reputation as a good attorney, wait for your state’s judicial selection mechanism to recognize you, apply for the local bench, be appointed by the governor, do a great job, be nominated to a higher state court, and from there on out make sure your federal legislators recognize your accomplishments so they might bring up your name during the next round of federal judiciary nominations.

“How Federal Courts Are Organized.” Civics Today: Citizenship, Economics, & You, by Richard C. Remy, Glencoe/McGraw-Hill, 2010, pp. 190–200.

What are the powers that they have

The powers that the Judicial branch has is that they determines whether the Constitution allows certain laws to be passed. If the Supreme Court decides that a law passed by Congress is not allowable, then the law is considered unconstitutional and is erased. This gives the Supreme Court a tremendous amount of power.

  • “The Supreme Court: What Does It Do?” Ushistory.org, Independence Hall Association, www.ushistory.org/gov/9c.asp

  • “The Role Of the Supreme Court.” Scholastic, 1989, www.scholastic.com/teachers/articles/teaching-content/role-supreme-court/.

Chapter #3

Case #1:

Los Angeles County vs. Mendez (to be scheduled)

The case centers on a legal rule that one federal appeals court has adopted, but others refuse to follow. It takes away the legal immunity of police officers for the use of “excessive force” – here, shooting two homeless people in the shed they occupied – if the officers’ actions provoked a violent response. The response at issue in this case was that one of the individuals who was shot and wounded raised a BB gun and pointed it at officers after they had broken into the shed without a search warrant.

In general, police have legal immunity for their actions in the line of duty, unless they violate someone’s clearly established constitutional rights.  Over the years, courts have taken differing approaches on when such rights have been spelled out clearly. Police shootings in recent years have been involved more often in such cases.

Case #2:

Trinity Lutheran Church of Columbia vs. Pauley (to be scheduled)

The Supreme Court seeks to answer the question of whether religiously affiliated schools can be constitutionally denied equal access to a government benefit, even if the benefit has nothing to do with matters of faith.

At issue is a program in Missouri that provides rubberized material for school playgrounds, made out of old tires. Missouri’s constitution bars parochial schools from such public benefits, explicitly because of the Missouri constitution’s “Blaine Amendment,” first adopted in 1875. The amendment still reads in part: “No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination or religion”

The church appealed to the Supreme Court, arguing that “no public benefit could be further removed from the state’s anti-establishment concerns than a grant for safe rubber playground surfaces that serve no religious function or purpose.”

Case #3:

Murr vs. Wisconsin (To be scheduled)

The Supreme Court will look back at one of its big decisions from the 1970's when it hears a dispute involving four family members and the state of Wisconsin. In 1978, Justice William Brennan wrote for a 6-3 majority in the Penn Central v. New York City case that redefined property rights under the Fifth Amendment’s Takings Clause. The Murr family has owned two riverfront lots since the 1960's; one of the lots contained a vacation cottage; the other lot wasn’t developed. The parents bought the two lots originally, and they were conveyed to four of their children in 1994 and 1995.

In 2004, when the children began to explore selling the empty lot to pay for improvements in the cottage, they found out that a zoning law established in 1975 barred the children from selling the empty lot separate from the cottage. The zoning law also prohibited the development of the empty lot because it didn’t meet minimum size requirements for an independent lot.

The family’s lawyers cited another Supreme Court decision, Lucas v. South Carolina Coastal Council (1992), which said that the denial of all economic use of a property by a government regulation was a taking under the Fifth Amendment and required just compensation. The state government argued that the properties should be considered as a “whole” in the takings analysis, citing the Penn Central decision.

This information was all found from the same scource: 

  • Schwartzbach, Attorney Micah. "What Cases Does the U.S. Supreme Court Hear?"Www.nolo.com. N.p., n.d. Web. 21 Feb. 2018.



Citations


  • "Checks And Balances." Unit 19. N.p., 2018. Web. 19 Feb. 2018.

    • Congress for Kids: [Constitution]: Checks and Balances. N.p., n.d. Web. 19 Feb. 2018.

    • Judicial learning. “Article III and the Courts.” The Judicial Learning Center, Judicial Learning, 2015, judiciallearningcenter.org/article-and-the-courts/

    • JUDICIAL BRANCH. “The 3rd Article of the U.S. Constitution.” National Constitution Center – The 3rd Article of the U.S. Constitution, JUDICIAL BRANCH, 2017, constitutioncenter.org/interactive-constitution/articles/article-iii.

      • “Judicial Branch.” Congress for Kids: [Constitution]: Checks and Balances, www.congressforkids.net/Constitution_checksandbalances.htm.

      • “Checks and Balances - Definition, Examples, Processes.” Legal Dictionary, 11 May 2016, legaldictionary.net/checks-and-balances

      • Davis, Katy. “Checks and Balances.” Ben Guide, bensguide.gpo.gov/j-check-balance

      • “Judicial-Legislative Checks and Balances.” Checks and Balances: The Three Branches of the American Government, Encyclopedia.com, www.encyclopedia.com/politics/legal-and-political-magazines/judicial-legislative-checks-and-balances

      • “Levels of the Federal Courts.” The Judicial Learning Center, 2015, judiciallearningcenter.org/levels-of-the-federal-courts/.

      • “How Federal Courts Are Organized.” Civics Today: Citizenship, Economics, & You, by Richard C. Remy, Glencoe/McGraw-Hill, 2010, pp. 190–200.

      • “The Supreme Court: What Does It Do?” Ushistory.org, Independence Hall Association, www.ushistory.org/gov/9c.asp

      • “The Role Of the Supreme Court.” Scholastic, 1989, www.scholastic.com/teachers/articles/teaching-content/role-supreme-court/.

      • Schwartzbach, Attorney Micah. "What Cases Does the U.S. Supreme Court Hear?"Www.nolo.com. N.p., n.d. Web. 21 Feb. 2018.

      • "Qualifications for the Office of President." Qualifications and Requirements for the Office of President of the United States. N.p., n.d. Web. 26 Feb. 2018.