The Judicial Branch

1. The Judicial Branch The Ultimate ‘Check’ in Our Government

2. Monday, May 7th • Good morning/afternoon! • As you come in, please: • Sit in your assigned seat • Front table – please pick up: • Unit 5 Info Summary • Day 1 Get It, Got It Government and complete it with your Unit 5 Info Summary

3. Class Updates • Tutoring • Tuesday & Wednesday • Unit 5 Timing • Wednesday – Formative • Friday – Summative All Make-up Work • Due this Friday • ALL vocab, unit papers, make-ups, test corrections & test retakes!

4. Discussion Prompt What message is this illustration trying to convey? On a clean sheet of paper, write down your thoughts in 3-5 sentences

5. Unit Learning Standards SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. • a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts. • b. Examine how John Marshall established the Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison. • c. Describe how the Supreme Court decides cases. • d. Compare the philosophies of judicial activism and judicial restraint.

6. Unit Learning Standards SSCG22 The student will demonstrate knowledge of the criminal justice process. • a. Analyze the steps in the criminal justice process. • b. Explain an individual’s due process rights. • c. Describe the steps in a criminal trial or civil suit. • d. Examine the different types of sentences a convicted person can receive.

7. Unit Learning Standards SSCG6 The student will demonstrate knowledge of civil liberties and civil rights. • a. Examine the Bill of Rights with emphasis on First Amendment freedoms. • b. Analyze due process law expressed in the 5th and 14th Amendments. • c. Explain selective incorporation of the Bill of Rights. • d. Explain how government seeks to maintain the balance between individual liberties and the public interest. • e. Explain every citizen’s right to be treated equally under the law.

10. Constitutional Roots Article I Article III Article II

11. In the beginning of our country… • No judicial branch under Articles of Confederation • State courts had sole authority over all cases – major weakness of Articles • Judicial Branch created in Article III of the U.S. Constitution • However, only 1 federal court created – The U.S. Supreme Court • Gives power to Congressto create any lower federal courts

12. The Role of the Judicial Branch • To interpret and define law • This involves hearing individual cases and then deciding how the law should apply • Remember federalism – there are federal courts for federal law, and state courts for state laws!

15. Three Levels of Courts 1. Supreme Court 2. Appeals Courts 3. Trial Courts

16. Sources of Law • Constitution of the United States • Statutory laws – (statutes) laws that are written by state legislatures and other lawmaking bodies • Common Law – origin of stare decisis; past rulings are differed to when issuing decisions(using precedent)

17. Two Branches of Law 1. Public Law – deals with the relationship between the government and citizens • Criminal Law • Constitutional Law • Administrative Law – rules and regulations of the government agencies • International Law – rules that guide relations with other countries

18. Two Branches of Law 2. Private/Civil Law – deals with disputes between individuals, businesses or other organizations • Contracts • Property • Torts(wrongful act that injures a person or someone’s property) • Domestic Relations

20. What is a Federal Crime? • Federal Crime: a crime that is either made illegal by U.S. federal legislationor a crime that occurs on U.S. federalproperty. • Murder during a hostage-taking • Murder with the intent of preventing testimony by a witness, victim, or informant • Mailing of injurious articles with intent to kill or resulting in death • Murder for hire • Bank-robbery-related murder or kidnapping • Murder by the use of a weapon of mass destruction • Trafficking in large quantities of drugs • Treason • Murder related to the smuggling of illegal immigrants • Murder committed during a drug-related drive-by shooting • Murder committed at an airport serving international civil aviation • Civil rights offenses resulting in death • Murder of a member of Congress, an important executive official, or a Supreme Court Justice • Murder committed by the use of a firearm during a crime of violence or a drug trafficking crime • Murder of a U.S. national in a foreign country • Murder during a kidnapping • Murder involving torture • Espionage • Hijacking of airplane

21. Federal Court System

22. Judicial Branch United States Supreme Court U.S. Court of Military Appeals 12 U.S. Courts of Appeals U.S. Court of Appeals for the Federal Circuit Military Courts U.S. Tax Courts Territorial Courts 94 District Courts Courts of the District of Columbia U.S. Claims Court U.S. Court of International Trade U.S. Court of Veteran’s Appeals Appeals from Federal Regulatory Agencies Appeals from Highest State Courts

23. Federal District Courts • Federal trial courts; currently 94 courts • at least one per state plus D.C. and Puerto Rico • 2 judges per court • have original jurisdiction • hear 80% of federal cases (about 300,000/yr.)

24. Court of Appeals • Set in 12 districts or circuits; usually 3 judge panels (11 “regions,” and one in DC) • hear appeals from district courts • set up to lessenworkload of Supreme Court • have appellate jurisdiction • does not always mean a trial • about 40,000 cases/yr.

26. Supreme Court • Court of lastresort - most appeals come from the Court of Appeals • currently 8 associate justices and 1 chief justice • judicial review– can declare a law or action unconstitutional • meets on the first Monday of October each year and usually continues in session through June. • cases are heard en banc, which means by all the justicessittingtogether in open court. • about 6,000 cases apply/yr., only about 100 get fulldecision

27. No Vehicles on the Sidewalk! • Recently, several citizens in Bracksville have complained that people are parking their cars on the sidewalks in the city. As you can imagine, a car being parked on the sidewalk causes great difficulty for people passing by on the sidewalk. • The City Council of Bracksville created a new law and posted signs in many places around town. • No Vehicles on the Sidewalk • Since the law was created, several situations have challenged the law. The job of the local judge is to interpret the law. • Will you help the judge interpret this law??

28. No Vehicles on the Sidewalk • The dictionary defines “vehicle” as a “machine that is used to carry people or goods from one place to another” • In your Quad, read your scenario and write a 2-3 sentence paragraph explaining whether this law has been broken and why you feel that way. • Be prepared to share your conclusions with the class in a few minutes.

29. Tuesday, May 8th • Good morning/afternoon! • As you enter, please: • Sit in your assigned seat • Front table: • pick up a Day 2 Get It, Got It Government and complete it using your Unit 5 Info Summary • Turn in your signed Progress Report

30. Class Updates • Tutoring This Week • Today and tomorrow • Unit Five Timing • Tomorrow – Formative • Friday - Summative • Big Day Friday! • All Unit 5 papers & vocab due • ALL make-up work due – papers, vocab, make-ups, test corrections & retakes…basically everything!!

31. Crash Course • Structure of the Court System

32. Let’s Finish Up… • Our notes from yesterday!

33. Process to the Supreme Court • Federal Indictment • Federal Grand Jury Hearing • Trial in Federal District Court • Verdict by Trial (Petit) Jury • Appeal to Courts of Appeals (Circuit Courts) • 3 panel court decides to uphold or overturn the verdict • Appeal to United States SupremeCourt

34. Process of Hearing Cases by the U.S. Supreme Court 8. Submit Appeal- Inmost cases lawyers write an appeal for the court to issue a writ of certiorari. (forces lower courts to send documents from the case to be reviewed) – 90% rejected 9. Appeal Granted– At the Friday Conference (Rule of Four) 4 of 9 justices agree to put case on docket(schedule).

35. Process of Hearing Cases by the U.S. Supreme Court 10. Submit Brief - Briefsare written -statements setting forth the legalarguments, relevantfacts and precedents supporting one side of a case. *Amicus Curaie Briefs– friend of the court (come from individuals, interest groups, or govt agencies claiming useful info.)

36. Process of Hearing Cases by the U.S. Supreme Court 11. Oral Arguments- the lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limited to 7 sittings at 30 minutes for each side. (2 weeks long) 12. Conference- Justices discuss and vote on cases. (Wednesday morning and on Friday) 13. Write Opinions– after voting on the case, each justice may write their opinions. 14. The Decision is Final

37. Making Decisions • Judicial Restraint– the Court limitsitself to matters of law and justice as they are brought before them. • Judicial Activism– the Court does not limit itself from makingpolicy with its decisions. • Write Opinions– • majority– the decision of the court • concurring – agrees with the decision but wants to explain • dissenting – disagrees and wants to explain why

38. Making Decisions • Precedents – a principle or rule established in a previous legal case that is either bindingon or persuasive for a court when deciding latercases with similar issues or facts. • Unique to states who follow common law

39. Closer • A Time to Kill Closing Statements

40. Supreme Court Cases There are quite a few Supreme Court cases that directly affect teenagers! Today we’re going to read and analyze a few of them! Each Quad will get a different Supreme Court case • Read it • Discuss your takeaways • Work together to complete your graphic organizer • Who is involved? • What Constitutional right is limited/violated in the case? • Why did the Supreme Court hear the case? • Who won the case? • What was the outcome? • Why does the case matter?

41. Judicial Branch in a Flash! • On your own: • Read and complete the back practice pages • Right here, right now! • Page 2 Bingo Sheet – from the word bank – write in some words on your Bingo Sheet and we’ll see who wins Bingo today!

42. Jurisdiction One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components: • whether there is jurisdiction over the person (geographically, state level, national level…) • whether there is jurisdiction over the subject matter (criminal vs. civil case, military or other area of law) • whether there is jurisdiction to render the particular judgment sought (original, appellate…) The term jurisdiction is really synonymous with the word "power".

43. Jurisdiction Jurisdiction can also be described as the propercourt in which to bring a particular case. In this context, a court has either original or appellate jurisdiction over a case.  • Whenthe court has original jurisdiction, it is empowered to hear the case for the firsttime. • Whenthe court has appellate jurisdiction, it may onlyreview the previous trial court proceedings forerror.

44. Types of Jurisdiction • Original– right to hear a case for the first time.(Trial Court) • Appellate– right to hear a case on appeal; to see if a law has been appliedunfairly or a previous trial was handled incorrectly • Exclusive – assigned by Constitution; only federal courts can hear; includes cases involving national laws, the federal government or other governments (State or Foreign) • Concurrent – cases that can be decided in stateorfederal courts

45. Types of Jurisdiction

46. Jurisdiction The right of a court to hear a case Original jurisdictional levels:

47. Federal Courts Jurisdiction • U.S. District Courts have original jurisdiction • The Court of Appeals has appellate jurisdiction • Supreme Court has both

48. Has Both Original & Appellate Jurisdiction Appellate Jurisdiction Original Jurisdiction

49. Types of Federal Courts 1.) Federal District Courts • created by the Judiciary Act of 1789 • Every state has at least one; more people = more district courts (GA has 3) • Currently 94 district courts (w/ over 550 judges) • Have original jurisdiction ONLY – no appellate jurisdiction • Decide civil and criminal cases arising under the Constitution and federal laws • Judges serve for life – appointed by President of U.S. and confirmed by Senate • Can only be removed byimpeachmentwith a guilty verdict

50. Types of Federal Courts 2.) U.S. Courts of Appeal • Created by Congress in 1891 to help lessen the work load of the Supreme Court • Decide appeals from U.S. district courts • 12U.S. Court of Appeals • States are divided intocircuits, or geographic judicial districts (not every state has one) • Also a circuit for Washington, D.C. and a special appeals court with national jurisdiction • Have appellate jurisdiction ONLY (May only review cases already decided by a lower court) • Panel of 3judges decide cases in the Courts of Appeals • Judges serve for life– nominated by President and confirmed by Senate