Unit 5: Establishing Justice

1. Unit 5: Establishing Justice Judicial System Structure Supreme Court Landmark Court Cases (HW) Constitutional Law Criminal Law vs. Civil Law

2. Landmark Court Cases Period 3 Homework Assignment • Download or print Landmark Court Cases Chart from www.mrkras.com • Research court cases to fill in chart. • Use the following resources to help you: • Street Law • http://www.streetlaw.org/en/landmark/home • US Courts • http://www.uscourts.gov/educational-resources/get-informed/supreme-court/landmark-supreme-court-cases.aspx • PBS • http://www.pbs.org/wnet/supremecourt/rights/landmark.html • Pocket Justice app on smart phones • http://www.oyez.org/

3. Landmark Court Cases HONORS Homework Assignment • Download or print Landmark Court Cases Chart from www.mrkras.com • Research court cases to fill in chart. • Use the following resources to help you: • Street Law • http://www.streetlaw.org/en/landmark/home • US Courts • http://www.uscourts.gov/educational-resources/get-informed/supreme-court/landmark-supreme-court-cases.aspx • PBS • http://www.pbs.org/wnet/supremecourt/rights/landmark.html • Pocket Justice app on smart phones • http://www.oyez.org/

4. Who is this? • What sort of objects do you see? • How are they symbolic?

5. Judicial System Structure • “Dual Court System” • US has two separate court systems, federal and state. • Jurisdiction, authority of a court, determines which court system hears a case. • Can a person be charged in both federal and state courts for committing the same act? • YES!!!!! If the same criminal act broke both federal and state laws.

6. Judicial System Structure • Exclusive Jurisdiction- cases that can ONLY be heard in the federal courts • Concurrent Jurisdiction- cases that can be heard in federal AND state courts • Original Jurisdiction- trial court that hears a case for the first time • Appellate Jurisdiction- hears appeals from lower court decisions

7. Judicial System Structure • Types of Federal Courts • Constitutional Courts (Inferior Courts) • 94 District Courts, 12 US Courts of Appeals, US Court of Appeals for Federal Circuit, US Court of International Trade • Special Courts (Inferior Courts) • US Court of Federal Claims, US Tax Court, Territorial Courts, US Court of Appeals for the Armed Forces, Courts of DC, US Court of Appeals for Veterans Claims • Supreme Court

9. Overview of Judicial System- 2:06 https://www.youtube.com/watch?v=UDqc2it41-4

10. Verbal Warm Up • What does the cartoon to the right mean? • What is the difference between Exclusive and Concurrent Jurisdiction? • What is the difference between Original and Appellate Jurisdiction?

12. United States Supreme CourtTheRoberts Court

13. United States Supreme Court • Who’s on the Supreme Court? • Supreme Court Jurisdiction • Supreme Court Operations

14. Who’s on the Supreme Court? John Roberts • Chief Justice • Age – 59 years old • Appt by George W. Bush • Service 8.5 years Antonin Scalia • Associate Justice • Age – 78 years old • Appt by Ronald Reagan • Service 27.5 years

15. Who’s on the Supreme Court? Anthony Kennedy • Associate Justice • Age – 77 years old • Appt by Ronald Reagan • Service 26 years Clarence Thomas • Associate Justice • Age – 65 years old • Appt by George H.W. Bush • Service 22.5 years

16. Who’s on the Supreme Court? Ruth Bader Ginsburg • Associate Justice • Age – 81 years old • Appt by Bill Clinton • Service 20.5 years Stephen Breyer • Associate Justice • Age – 75 years old • Appt by Bill Clinton • Service 19.5 years

17. Who’s on the Supreme Court? Samuel Alito • Associate Justice • Age – 64 years old • Appt by George W. Bush • Service 8 years Sonia Sotomayor • Associate Justice • Age – 59 years old • Appt by Barack Obama • Service 4.5 years

18. Who’s on the Supreme Court? Elena Kagan • Associate Justice • Age – 53 years old • Appt by Barack Obama • Service 3.5 years

19. Who’s on the Supreme Court? General Order of Ideological Leanings From Most Conservative to Most Liberal • Clarence Thomas • Antonin Scalia • John Roberts • Samuel Alito • Anthony Kennedy – often the swing vote • Stephen Breyer • Elena Kagan • Sonia Sotomayor • Ruth Bader Ginsburg – most liberal

20. Who’s on the Supreme Court? • Appointed by the President • Confirmed by the Senate • Tenure of a Supreme Court Justice is stated in the Constitution - "shall hold their offices during good behavior" • Means holds office for life, unless impeached and convicted or retires

21. Warm Up • How many Associate Justices are there on the Supreme Court? • How do you become a Supreme Court Justice? (hint: two steps) • What is the difference between Original and Appellate Jurisdiction? • Who is the Chief Justice? End of the School Year

22. Supreme Court Jurisdiction • Supreme Court has both Original& Appellate Jurisdiction. • But most cases are appeals • Only about 1 or 2 cases a year are heard in Original Jurisdiction • Usually they involve controversies between 2 or more states. • How many cases do you think are appealed to the Supreme Court a year? • About 8,000 • How many do you think are reviewed? • Between 100 to 150 • Writ of Certiorari is issued when the Supreme Court directs the lower court to send its records in a case so that the higher court can review it.

23. Overview of Judicial System- 2:06 https://www.youtube.com/watch?v=UDqc2it41-4

24. Verbal Warm Up • How many Associate Justices are there on the Supreme Court? • How do you become a Supreme Court Justice? (hint: two steps) • What is the difference between Original and Appellate Jurisdiction? End of the School Year

25. Supreme Court Operations • How would you imagine the Supreme Court hears their cases? • They hear Oral Arguments from 10 am to 3 pm. • In a case, the Supreme Court hears from each side for 30 minutes. • During which the Justices are allowed to interrupt to ask questions. • For each case the Justices have review the prior records and proceedings. • On Fridays, the SC Justices discuss the cases and decide on their ruling • 1/3 of the Court’s rulings are unanimous.

26. Supreme Court Operations • Courts Opinions are written after a ruling has been made. • Majority Opinion- “Opinion of the Court” • Reasoning behind the Justices’ decision • This is used by the lower courts to follow precedent • Written or assigned by the Chief Justice. If the Chief Justice is in the minority, then senior most member • Concurring Opinion • Also written by a justice in the majority but may describe different reasoning used • Dissenting Opinions • Written by the Justices who do not agree with the majority • Expresses their opposition

27. ABC v. Aereo CBS Even News Report http://www.cbsnews.com/news/abc-v-aereo-will-the-supreme-court-change-the-way-we-watch-tv/ Street Law Video Clip http://now.iscotus.org/news/inside_case_american_broadcasting_company_inc_v_aereo

31. Warm Up • Describe the 3 different kinds of Court Opinions. • What is ABC v. Aereo? • What is Judicial Review? When was it established?

32. Supreme Court Operations • What is Judicial Review? • Power of the court to determine the constitutionality of a government action. • Judicial Restraint vs. Judicial Activism • Judicial Restraint – judicial philosophy in which people believe judges should decide cases based on the original intent of the Framers or those who enacted the statute involved in the case and on precedent. • In other words, courts should allow the states and the other two branches of the federal government to solve social, economic, and political problems

33. Supreme Court Operations • Judicial Restraint vs. Judicial Activism • Judicial Activism – judicial philosophy in which people believe judges should interpret and apply provisions in the Constitution and in statute law in response to ongoing changes in conditions and values of society. • In other words, courts should take an active role in solving social, economic, and political problems.

34. Judicial Restraint vs. Judicial Activism Which do you think is better for the Supreme Court? What are some examples to support your case?

37. Period 3Judicial Quiz Terms • Landmark Court Cases • Dual Court System • Original & Appellate Jurisdictions • Court Opinions (Majority, Concurring, Dissenting)

38. Constitutional Rights & Law • Unalienable Rights • Due Process • Freedom & Security • Rights of the Accused

39. Constitutional Rights & LawUnalienable Rights • What are unalienable rights? • Unalienable Rights – are rights we are born with and can not be taken away • Civil Liberties provides protection from the government • Civil Rights are acts by the government to make civil liberties a reality. • Bill of Rights – 1st ten amendments which list peoples civil liberties. • Peoples rights are guaranteed as long as they don’t infringe on the rights of others.

41. Constitutional Rights & LawDue Process • What is Due Process? • Due Process – requires government to act fairly and according to established rules • There are 2 Due Process Clauses in the Constitution • 5th Amendment – states Federal Gov’t can not deprive any person of “life, liberty, or property, without due process of law.” • 14th Amendment – places the same limits on State Gov’ts as well. • Procedural Due Process – the methods of how gov’t action must enforced in a fair and equal manner. • Substantive Due Process – the meaning of a law or gov’t action must be fair.

42. Due Process AmendmentsRewrite in your own words • Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, ...describing the place to be searched, and the persons or things to be seized. • Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a(n) ...indictment of a grand jury ...; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ...

43. Due Process AmendmentsRewrite in your own words • Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ...; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. • Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. • Fourteenth Amendment: ... No State shall ... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

44. Constitutional Rights & LawFreedom & Security • Right to Keep & Bear Arms- 2nd Amendment • “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” • What does this mean? How have we interpreted it? • Security of Home & Person • Gov’t cannot violate without just cause • 3rd (quartering of troops) & 4th Amendment (search warrants without probable cause)

45. Constitutional Rights & LawFreedom & Security • What does Probable Cause mean? • Warrants (court orders) are obtained with Probable Cause. • Probably Cause is Reasonable suspicion of a crime. • What is considered Reasonable suspicion? • Chief Justice William Rehnquist stated, “They are commonsense, nontechnical conceptions that deal with the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” • Can include: fleeing from a scene, evidence in plain view, scent of illegal activity • Exclusionary Rule – if evidence is found in an illegal search, it cannot be used in court to prosecute

46. Constitutional Rights & LawRight of the Accused If absent for this lesson, complete the following: (Completed in class on Wednesday, 4/30 for Honors Gov’t & on Thursday, 5/1 for Period 3) • Download “Presumed Guilty Amendments” and “POV Viewing Guide & Chart” docs or get them from Mr. K. • Watch the 3 Video Clips on the website below to complete the “POV Viewing Guide & Chart”: http://www.pbs.org/pov/presumedguilty/lesson_plan.php • Place work in the bin. Keep “Presumed Guilty Amendments” after you used it for the chart for vocabulary help.