Chapter 9, 15 & 16

SS.7.C.3.3 – Illustrate the structure and function of the (three branches of government established in Articles I, II, and III of the Constitution with corresponding powers) of the
government. SS.7.C.3.8 – Analyze the structure, functions, and processes of the legislative, executive, and judicial branches. SS.7.C.3.11 – Diagram the levels, functions, and
powers of courts at the state and federal levels. SS.7.C.1.9 – Define the rule of law and recognize its influence on the development of the American legal, political, and
governmental systems. SS.7.C.3.10 – Identify sources and types (civil, criminal, constitutional, military) law.
Vocabulary to Know:
Chapter 9 Chapter 15 Chapter 16 Judicial Branch – Article III of the Constitution
Judicial Branch Citizen and the law Civil and Criminal Courts make up the judiciary branch of government.
Appellate jurisdiction Administrative law Law  Two Main Jobs – it tries to ensure that the laws are fairly enforced and it
Brief Bail Adjudication interprets the laws.
Caseload Bill of attainder hearing  Courts hear two types of cases: criminal cases and civil cases.
Concurrent jurisdiction Case law Complaint  Created to solve the problem that each state has its own laws and its own
Concurring opinion Common law Contract courts and there was no way to guarantee that people would receive equal
Constitutionality Constitutional law Crime justice in all the states.
Dissenting opinion Double jeopardy Cross-examination  Article III created a national Supreme Court and Congress the power to
Docket Due process Custody establish lower federal courts if Congress saw the need for them.
Dual court system Ex post facto law Damages Dual Court System – federal court system and 50 state court systems
Exclusive jurisdiction Exclusionary rule Defendant Goals – of this legal system is to treat every person the same.
Judicial review Lawsuit Delinquent offender Each accused person is presumed, or assumed to be, innocent until proven guilty.
Jurisdiction Miranda warning Detention hearing Each person has the right to have their case reviewed if believed the law has not
Jurisdiction Search warrant Discovery been applied fairly.
Litigant Statute Disposition hearing
Nullify Writ of habeas Felony What historical documents have influenced the United States and its laws?
Opinion corpus Juvenile delinquent Code of Hammurabi - a written code of rules that guided an ancient society around
Original jurisdiction Misdemeanor 1772 B.C., 282 laws that dealt with everyday life, it was a code that most likely
Precedent Negligence inspired other civilizations
Ruling Penal code What is the connection between the Code of Hammurabi and the U.S.
Stare decisis Plaintiff Constitution? What words or phrases did you hear that helped you answer this
Subpoena Plea bargaining question? “The fact that a society can be governed by a written legal code has been
Tenure Prosecution very influential to our legal system.” Out written laws have guided our society, just as
Unanimous opinion Rehabilitate the Code of Hammurabi guided the Babylonians. Law creates order and stability.
Writ of certiorari Sentence
Status offender Magna Carta
Summons "No freeman shall be taken, imprisoned, … nor will We proceed against or prosecute
him, except by the lawful judgment of his peers and by the law of the land."
Tort
"… to no one will We deny or delay, right or justice."
Justice will not be denied to anyone.

Magna Carta was used as inspiration for some of the individual rights we have today.
 Sources of Laws Types of Laws
*Constitutional Law - The Constitution is the supreme law of the land *Civil laws help settle disagreements between people. Civil laws deal with subjects
and states can only create laws that do not conflict with the Constitution. such as: property, divorce, contracts, wills, personal injury, bankruptcy, employment,
As a type of law, constitutional law deals with issues between the federal agriculture, and taxes.
government and states, between two or more states, and between the * Criminal law makes certain actions a crime and comes from all three levels of
government and citizens. government. Criminal law falls into two categories: felonies (serious crimes) and
* Statutory Law - The Constitution gives Congress permission to pass misdemeanors (less serious crimes). When someone breaks a criminal law, they are
laws about a limited number of topics. These laws are called statutes. charged with a crime. When someone is brought to trial for a crime, the government
These statutes apply to the entire United States. is on one side charging the person with the crime and the person accused of the crime
* Regulations - The rules that an agency of the executive branch makes is called the defendant.
are called regulations. * Juvenile law is for people under the age of 18 who commit a crime. The juvenile
* Case law - law established by the outcome of former cases. system is usually more flexible than the adult system, so that juveniles have more
* Common law - legal precedent based on customs and prior legal chances for young people to learn from their mistakes. There are also laws about
decisions; it is used in civil cases. school attendance, curfews and child abuse.
* Military laws are special laws for people in the U.S. military. Congress created the
Uniform Code of Military Justice, which is a set of criminal laws that apply to people
in the military. This code also includes procedures for a military trial and
punishments. It also includes laws that are not needed for non-military laws.

The Federal and Florida State Court Systems

The Federal Court Systems The Florida State Court System

The U.S. Supreme Court The Florida Supreme Court
Highest Court Highest court – located in Tallahassee
9 Justices 8 justices
Appellate court – the power to hear appeals from the District Courts of Appeals as
Appellate Court – hears appeals from U.S. Circuit Courts of Appeal
well as other cases as assigned from the Fl Legislature
and from state supreme courts.
Original Jurisdiction – over cases between two states, the president
and Congress, or where a state is a party. Florida District Courts of Appeal
Receive about 10,000 appeals each year but only reviews around 75. 12 Circuit courts in Florida - Panels of three judges hear the cases
Appellate courts – hears appeals from the Florida District Courts of Appeals
U.S. Circuit Courts of Appeal
12 circuit courts
Panels of three judges that hear cases Florida Circuit Courts
Appellate court – hears cases from the U.S. District Courts 20 circuit courts - Trial –judge and jury
Hear trials on cases not assigned to the county courts and appeals from county courts
Trial and Appellate courts
U.S. District Courts
94 districts
Trial Courts – judge and jury Florida County Courts
67 – with a judge – minor arguments between citizens and minor criminal offenses –
Civil and Criminal cases related to federal laws
trial courts
 Order and Security  Citizens fell safe during daily activities.
 Police have procedures for dealing with crime.
 Criminals face consequences.
Legitimacy  Citizens see the law as worthy of following.
 Citizens have input in the lawmaking process.
 Citizens respect the law and see laws as fair.
Checks and Balances  Power is divided among branches of government.
 All branches function effectively.
 The Judicial system is independent from other branches.
 Elected officials must answer to the people.
Equal Application of the Law  Nobody is above the law, not even elected officials.
 The Judicial system treats everyone the same.
Procedural Fairness  The government has rules for legal proceedings.
 The government follows those rules.
 The rules for legal procedures are fair.
Access to Justice  Citizens have a way to enforce their rights.
 Citizens have the knowledge they need to get justice.
 The justice system is available for people to use.