4 What is included in the “Judicial Branch” of our government? Lesson 19: The Judicial BranchL50WARM-UPWhat is included in the “Judicial Branch” of our government?The Supreme Court – only federal court created in theConstitution (Article III, Section 1)Inferior Courts – Congress has the power to set up“inferior” (lesser) courts (Article I, Section 8, Paragraph 9)
5 CLASS NOTES R 51 Three Tiers of the Federal Court System Today Lesson 19: The Judicial Branch51RCLASS NOTESThree Tiers of the Federal Court System Today94 U.S. District Courts (Lowest Level)Try federal criminal and civil cases13 U.S. Courts of Appeals (12 circuits)Review cases from U.S. district courtsU.S. Supreme Court (Highest court of appeal)Set a “precedent”Declare state or federal law unconstitutional
6 Lesson 19: The Judicial Branch 50WARM-UPIn the early morning of March 3, 1963 an 18 year old Phoenix Arizona woman was kidnapped and raped on her way home from a movie theater.The Miranda Case
7 Lesson 19: The Judicial Branch 50WARM-UPIn March 1963, Ernesto Arturo Miranda was arrested for robbery. He later confessed to raping an 18-year-old woman two days earlier. At trial, prosecutors offered not only his confession as evidence (over objection) but also the victim’s positive identification of Miranda as her assailant. Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment on each charge, with sentences to run concurrently.The Miranda Case
8 Lesson 19: The Judicial Branch 50WARM-UPMiranda’s court-appointed lawyer, Alvin Moore, appealed to the Arizona Supreme Court which affirmed (upheld) the trial court’s decision in State v. Miranda, 401 P.2d 721 (Ariz. 1965). In affirming, the Arizona Supreme Court emphasized heavily the fact that Miranda did not specifically request an attorney.The Miranda Case
9 WARM-UP L 50 IMPORTANT BACKGROUND Lesson 19: The Judicial BranchL50WARM-UPIMPORTANT BACKGROUNDEscobedo v. Illinois provided for the presence of counsel during police interrogation.This concept extended to a concern over police interrogation practices, which were considered by many to be barbaric and unjust.Coercive interrogation tactics were known in period slang as the “third degree.”The Miranda Case
10 Lesson 19: The Judicial Branch 50WARM-UPChief Justice Earl Warren delivered the opinion of the Court, ruling that due to the coercive nature of the custodial interrogation by police, no confession could be admissible under the Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney unless a suspect had been made aware of his/her rights and the suspect had then waived them. Thus, Miranda’s conviction was overturned.The Miranda Case
11 Lesson 19: The Judicial Branch 50WARM-UPWHAT can you infer about the role of the Judicial Branch from this example?The Miranda Case
12 WHAT happened to Miranda? Lesson 19: The Judicial BranchL50WARM-UPWHAT happened to Miranda?Miranda was retried, and this time the prosecution did not use the confession but called witnesses and used other evidence. Miranda was convicted in 1967 and sentenced to serve 20 to 30 years. He was paroled in After his release, he returned to his old neighborhood and made a modest living autographing police officers’ “Miranda cards” (containing the text of the warning, for reading to arrestees). He was stabbed to death during an argument in a bar on January 31, 1976.The Miranda Case
13 LEARNING TARGETS: ESSENTIAL QUESTION: R 51 Lesson 19: The Judicial Branch51RLEARNING TARGETS:I can describe the judicial branch of our government.I can explain how cases reach the Supreme Court.ESSENTIAL QUESTION:How does the Judicial Branch resolve conflict within the United States?Key Vocabulary to add to Flashcard List (38-40)VOCABSupreme Courtjudicial reviewprecedent
14 CONSTITUTION CHALLENGE: Lesson 19: The Judicial Branch51RThe Judicial BranchStep 1 – ReadingRead Section 9.5 ( ) and answer the questions below.1. What is the main job performed by the judicial branch?2. What different types of courts make up the judicial branch?3. What is meant by the term “judicial review”?Step 2 – Constitutional Question CardsGet a set of the Judicial Branch cards. To answer each question, refer to either Section 9.5 or the Constitution, which starts on page Record the answers below in complete sentences.Answer Article/Section (Optional)188.8.131.52.Attach theGraphic OrganizerRecord your answers with complete sentences.CONSTITUTION CHALLENGE:Record the article and section where the answer can be found.
15 Review the Graphic Organizer Lesson 19: The Judicial BranchReview the Graphic OrganizerThe Judicial Branch1. What is the main job performed by the judicial branch?the principle that the Supreme Courthas the final say in interpreting theConstitutionJUDICIAL REVIEWThe judicial branch interprets our laws,protects theConstitution,and protects the rights of all Americans.2. What different types of courts make up the judicial branch?The federal court system is made up of the Supreme Court, appellate courts and district courts.the highest court in the nationSUPREME COURT3. What is meant by the term judicial review?Under judicial review, the Supreme Court has the power to review the laws and actions of the executive and legislative branches and decide if they are constitutional.
16 Review the Graphic Organizer Lesson 19: The Judicial BranchReview the Graphic OrganizerThe Judicial Branch1. What is the length of term of office for justices of the UnitedStates Supreme Court?A Justice of the Supreme Court serves for “good behavior,” meaning for life.Article III, Section 12. Who has the power to resolve issues involving national laws orlaws of the United States?The federal courts review national (federal) laws or the lawsof the United States.Of Article III, Section 2
17 Review the Graphic Organizer Lesson 19: The Judicial BranchReview the Graphic OrganizerThe Judicial Branch3. Who has the power to settle disputes between states?The federal courts have the power to settle disputes betweenstates.Article III, Section 2
18 Review the Graphic Organizer Lesson 19: The Judicial BranchReview the Graphic OrganizerThe Judicial Branch4. How many members of the Supreme Court are there?There are nine members of the Supreme Court.Congress set the size of the original Supreme Court at six in the Judiciary Act of The legislation provided for one Chief Justice and five Associate Justices.Currently, there are nine Supreme Court justices on the United States Supreme Court. The number of justices is set by Congress and has varied from five to 10.There have been nine justices since 1869.In 1937, Franklin Roosevelt attempted to add six more justices to the Supreme Court. He felt the court was obstructing much of his “New Deal” policies and adding more members who would agree with his views would help. This was termed the “Court Packing Plan.” However, Congress did not agree and the number remained at nine.Margin Note on Article III, Section 1 (page 479)
19 How cases reach the Supreme Court? Lesson 19: The Judicial BranchL50PROCESSING THE LESSONHow cases reach the Supreme Court?
20 How cases reach the Supreme Court? Lesson 19: The Judicial BranchL50PROCESSING THE LESSONHow cases reach the Supreme Court?
21 Review Processing the Lesson How Cases Reach the Supreme Court Lesson 19: The Judicial BranchReview Processing the LessonHow Cases Reach the Supreme Court1. The Supreme Court agrees to review a case when how many Justices grant a writ of certiorari?4 or more Justices2. What is the definition of jurisdiction?Area over which an individual or group have legal authority3. In which kinds of cases does the Supreme Court have original jurisdiction?Disputes that involve a state or the federal government4. What kinds of appeals must the Supreme Court hear?If a state or federal law is unconstitutional
22 Review Processing the Lesson How Cases Reach the Supreme Court Lesson 19: The Judicial BranchReview Processing the LessonHow Cases Reach the Supreme Court5. How does the Supreme Court set precedents?By making a ruling on a case before itprevious court decisions whichinfluence the deciding of later andsimilar casesPRECEDENT6. What do you think happens to a case that the Supreme Court refuses to hear?Remains the same as from the original trial or appellate level7. Can a lower court decide if a law is unconstitutional?No, only the Supreme Court can rule a law unconstitutional8. What kinds of cases do state supreme courts review?State appellate court rulings
23 Review Processing the Lesson How Cases Reach the Supreme Court Lesson 19: The Judicial BranchReview Processing the LessonHow Cases Reach the Supreme Court9. Which court handles federal lawsuits involving imports and exports?U.S. Court of International Trade10. Imagine you created a sugar-free bubble gum with vitamins But someone has stolen your patent. In which court should you file your complaint?U.S. District CourtU.S. Court of Appeals for the Federal Circuit