Exploring the Judicial Branch

Exploring the Judicial Branch
By Michelle Kim, YE4C Editorial Board Member
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Image of an outline of the U.S. Supreme Court

This is post 2 in a three-part series on the branches of the U.S. government.

The Judicial Branch interprets U.S. laws and regulations. This post will explain the basics of the Judicial Branch and how you interact with it. Be sure to check out our other posts to understand the Legislative Branch, which writes the law, and the Executive Branch, which carries out the law.

The legal system plays an important role in governing our society. It is more involved in your everyday life than you think!

Why Does My Involvement Matter?

Being a part of any community comes with rules to run smoothly. In a broader sense, this idea can be applied to all levels of government. Knowing about the law will help you follow them and understand why it exists.

What Is the Judicial Branch?

The Judicial Branch is responsible for interpreting the law. The majority of the branch consists of courts nationwide and the people who work in them, like judges, lawyers, and even police.

The judiciary system has local, state, and federal levels that interpret cases under their level of the law. In general, federal laws apply to everyone in the United States. State and local laws apply to people who live or work in that state, territory, or municipality.

What Is the Court System? Why Are Courts Important?

The court system is large and complex. At the federal level, there are district courts, circuit courts, and the (Supreme Court of the United States (SCOTUS).

Image source: https://oertx.highered.texas.gov/courseware/lesson/1229/student/?task=2

The district court is the starting point for most federal cases. They will hear the original evidence and make the first ruling, or decision, of the law. The next level of courts deals with appeals, or formal requests to reverse an earlier ruling made by a lower court. Appeals are heard by one of 13 circuit courts: 12 regional circuits and the Court of Appeals for the Federal Circuit.

Image source: https://guides.library.harvard.edu/c.php?g=309941&p=2070270
Addition: The DC circuit is the 12th Circuit Court and the Court of Appeals for the Federal Circuit, which is not shown, is the 13th)

Not all court cases are appealed since someone has to actively advocate for an appeal to happen. If someone involved in the case feels that the circuit court ruling needs to be reheard, they can advocate for it to be passed on to SCOTUS, which may review the case.

SCOTUS has the highest level of judicial review (how the court decides if a law is valid or not) and judges cases based on their constitutionality (how well they follow the Constitution). These decisions are held as the standard for other laws and court decisions.

State court systems tend to follow a similar structure to the federal system. State supreme court rulings can be appealed to SCOTUS.

Local courts at the county, city, or other municipality (local government) level deal with everyday legal issues. Courts may also have specific functions. For example, traffic courts deal with traffic violations, family courts deal with family legal matters, and so on.

How Are Judges Selected?

SCOTUS consists of a group of justices, who are nominated by the President (a part of the executive branch) and confirmed by the Senate (a part of the legislative branch). There are nine justices currently on SCOTUS who serve for life unless they retire or are impeached. Learn more about the current Supreme Court members.

Selection of judges at other levels vary. For instance, all federal judges are nominated by the President and confirmed by the Senate. However, the choice of state and local judges varies by state and usually consists of nominations, appointments, or elections.

How Do Past Supreme Court Decisions Impact My Life?

SCOTUS cases and opinions answer a significant question about the constitutionality of a law or court ruling. These rulings can affect everything from water rights and environmental rules to civil rights and liberties, among others. For example, Korematsu v. the United States addressed the internment of Japanese Americans during World War II.

SCOTUS can also overrule past decisions they think earlier rulings were unconstitutional. Brown v. Board of Education, which made racial segregation in states illegal, famously overturned Plessy v. Ferguson.

Learn more about other landmark cases of the Supreme Court.

What About Miranda Rights and Jury Duty?

Miranda rights and jury duty are some of the most important concepts that relate the judicial branch to the public. Though this article only provides a short explanation of both, feel free to check out the videos and links provided for more information.

Miranda rights are a set of warnings given to people who are being arrested and taken under custody by the police. For example, you have the right to remain silent and the right to an attorney. Here is a video by James Publishing explaining some basic facts about Miranda rights:

Miranda rights directly affect any interaction between you and a member of the judicial branch, specifically police. For example, if you waive your Miranda rights you may be at a disadvantage during court proceedings.

Jury duty is a responsibility of all English-proficient, U.S. citizens who are over 18. Getting selected for jury duty means you have been selected to serve as a juror in a court case.  If someone receives a notice for jury duty, they must respond in order to avoid a penalty.

There are some exclusions for who can serve on a jury, like being a student, but they may vary by state. Here is a video by the U.S. Courts explaining how jury duty works.

What You Can Do!

Learning about the judicial system may help you understand why and how the legal system works. Whether you want to pursue a career in law or be an informed citizen, learning about the government is a great way to understand your rights and responsibilities.

Check out the rest of this three-part series to learn about the branches of the U.S. government:

 

SOURCES

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