Bell Ringer Questions pages 506-509

1. Bell Ringer Questionspages 506-509 1) How does the USA have a “dual court system”? 2) How did the Articles of Confederation inspire the creation of a national court system? 3) What are “inferior courts”? 4) What are the the Federal Special Courts? 5) What is the difference between exclusive and concurrent jurisdiction? 6) What is the difference between original and appellate jurisdiction?

2. Review Assessment—Day 1 Common Formative Assessment!=QUIZ You will have 7 minutes to complete the CFA. When you are finished, turn it over on your desk and sit silently. DO NOT TURN IT IN THE BASKET!!

3. Order in the Courts

4. Judicial Branch Basics Before the Constitution was written, each State was interpreting laws for itself. Confusion from one state to the next emphasized the need for a national court system. The judicial branch was created to interpret laws according to the Constitution.

5. Supreme Court Justices – Supreme Court justices are appointed (assigned) by the President with Senate approval. Supreme Courts Justices are appointed for LIFE.

6. Supreme Court Justices--Qualifications Are there qualifications to be a Justice? Do you have to be a lawyer or attend law school to be a Supreme Court Justice?The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law. Many of the 18th and 19th century Justices studied law under a mentor because there were few law schools in the country.

7. Supreme Court--Qualifications The last Justice to be appointed who did not attend any law school was James F. Byrnes (1941-1942). He did not graduate from high school and taught himself law, passing the bar at the age of 23.

8. Judicial Branch and the Judge • It is a Judges role to be a unbiased in making decisions between two parties.….and to interpret the laws as they were written. Meet the U.S. Supreme Court Judges

9. Judicial Branch Basics The Constitution (Article III) provides for: • the federal courts • the state courts The Supreme Court is the highest court of law in the U.S. It oversees the entire judicial system, though the great bulk of cases still begin and end in the state courts

10. The authority of a court to hear (to try and to decide) a case. Jurisdiction

11. Types of Jurisdiction exclusive jurisdiction - cases can only be heard in federal courts. concurrent jurisdiction - cases may be tried in a federal court or a State court. original jurisdiction - A court in which a case is first heard appellate jurisdiction - A court that hears a case on appeal from a lower court

12. Supreme Court’s Jurisdiction • MOST of the time, the Supreme Court hears cases on appeal. • Supreme Court only has original jurisdiction in: • cases affecting ambassadors and other diplomats • cases in which a state is a party • Civil liberties and equality • For Example: Kentucky and Indiana are tangled in a dispute over which state should receive the income taxes from the riverboat casinos drifting on their Ohio River border.

13. What’s an Appeal? • If due process is not followed for an individual, the best legal recourse is to appeal to a HIGHER court. • An appeal is an investigation to see if the trial court made any legal errors in handling its decision. The appeals may base their review only on the materials and evidence used in the trial. If errors are indeed found, the appeals court may overturn the decision and you get a new trial. • Understand an your appeal IS NOT a new trial.

14. Jurisdiction – Federal v. State Supreme Court State Courts Federal Courts

15. Activity 2: Sheppard v. Maxwell Review the case of Sheppard v Maxwell and complete the questions.

16. Sheppard v. Maxwell- Discussion Questions • How many levels of state courts dealt with the Sheppard case? Which one had original jurisdiction? • How many levels of federal courts dealt with the Sheppard case? Which was the court of last resort? • Did the judicial system ensure justice in the Sam Sheppard case? Explain your answer.

17. Jurisdiction – Federal v. State State Jurisdiction (most cases start here!) Federal Jurisdiction -Federal law -Treaties with foreign nations -Bankruptcy -Admiralty and maritime law -Foreign diplomats or foreign governments -Two or more state governments -The United States government -Citizens of different states -A state and a citizen of a different state -Land grant claims of different states -State law -Traffic violations -Divorce/child custody -Landlord/tenant disputes -Most personal injury lawsuits -Inheritance matters -Issues about regulation of various professions -Crimes punishable under both state and federal -Environmental regulations -Civil rights claims -Class-action lawsuits -Issues involving Constitution Concurrent Jurisdiction

18. Jurisdiction – Civil v. Criminal Criminal cases refer to acts that Congress has declared a crime that is violent. ex: bank robbery, murder, assault Usually, crimes that are violent or involve some kind of threat. Who prosecutes? - government v. individual Punished by jail, heavy fines, probation, etc.

19. Jurisdiction – Civil v. Criminal Civil cases refer to disputes over nonviolent matters. ex: contract dispute, bankruptcy, divorce, counterfeiting Civil law is concerned with rights and responsibilities of people in their dealings with each other.. Who prosecutes does not necessarily include government Punished/settled through money or injunctions (ex-restraining order)

20. Civil Trial Example – Judge Judy Have any of this man’s constitutional rights been violated? Who makes the best argument in this case?

21. PLC The video is on share point to show the difference between a civil and criminal trial.

22. Exit Slips: X1: If due process is not followed for an individual and they receive an unfair trial,. what is the next legal option the individual could take? X2: Compare and Contrast a Civil and Criminal trial?