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.4
5 Supreme Court Justices - Qualifications Supreme Court justices are appointed (assigned) by the President with Senate approval.Supreme Courts Justices are appointed for LIFE.
6 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
7 Judicial Branch Basics The Constitution (Article III) provides for:the federal courtsthe state courtsThe Supreme Court is the highest court of any system. It oversees the entire judicial system, though the great bulk of cases still begin and end in the state courts7
8 Jurisdiction The authority of a court to hear (to try and to decide) a case.8
9 Types of Jurisdictionexclusive 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 heardappellate jurisdiction - A court that hears a case on appeal from a lower court9
10 Supreme Court’s Jurisdiction MOST of the time, the Supreme Court hears cases on appeal.SC only has original jurisdiction in:-cases affecting ambassadors and other diplomats-cases in which a state is a party.- Civil liberties and equalityFor 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.
11 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 ConstitutionConcurrent Jurisdiction
12 Activity 1: Federal or State Activity 1: Federal or State? Hold up the green card for “federal” and the yellowlcard for “state”Cashing a counterfeit paycheckShopliftingCredit Card FraudArsonTax FraudComputer HackingDisorderly ConductKidnappingDUIPiracy (music, movies, games)Stealing art, jewelry, gemsDomestic ViolenceProstitutionSerial Murder
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.Understand an your appeal IS NOT a new trial.An appeal is an investigation to see if the trial court made any legal errors in handing 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.
15 Activity 2 : Appeal-a-mid Answer questions first. (Questions are on the accompanying handout; write answers on the pyramid)Cut along the outside lines.Fold along the inside lines.Glue or tape the each pyramid flap to its matching pyramid side.
16 Side A9US Courts of Appeals for the Federal CircuitSide Bappeal-a-midAnswer questions first. (Questions are on the accompanying handout; write answers on the pyramid)Cut along the outside lines.Fold along the inside lines.Glue or tape the each pyramid flap to its matching pyramid side.12 US Courts of Appeals81US Court of Appeals for the Armed Forces2Flap A7Side C3456Flap CFlap B
17 appeal-a-midWhich court in the federal system is the final authority in any case involving any question arising under the Constitution, act of Congress, or a treaty of the US? (p.517)What do we call the courts that act as “gatekeepers” to relieve the Supreme Court from hearing every case in which due process has been questioned? (p.513)Most cases heard today start in the ________________. (p.506)Most federal cases usually start in one of the 94 of these courts: (p.512)Define “original jurisdiction”Define “appellate jurisdiction”7) Which court would send appeals to the “US Court of Appeals for the Armed Forces”? Describe a topic that would be heard in this court. (p.514, p )8) Name one court that would send appeals to one of the “12 US Courts of Appeals”? Describe a topic that would be heard in this court. (p.514, p )9) Name one court that would appeal to one of the “US Courts of Appeals for the Federal Circuit”? Describe a topic that would be heard in this court. (p.514, p )10) Cut out, put your name on, and assemble your appeal-a-mid! (color is optional)
18 Jurisdiction – Federal v. State Supreme CourtState CourtsFederal CourtsUS Courts of AppealsUS District Courts & Special Federal CourtsState Supreme CourtsIntermediate Courts of AppealsState Trial Courts18
19 Activity 2: Sheppard v. Maxwell Review the case of Sheppard v Maxwell and complete the ½ sheet of questions provided.1919
20 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.2020
21 Jurisdiction – Civil v. Criminal Criminal cases refer to acts that Congress has declared a crime.ex: bank robbery, murder, assaultUsually, crimes that are violent or involve some kind of threat.Who prosecutes? - government v. individualPunished by jail, heavy fines, probation, etc.21
22 Jurisdiction – Civil v. Criminal Civil cases refer to disputes over nonviolent matters.ex: contract dispute, bankruptcy, divorce, counterfeitingCivil law is concerned with rights and responsibilities of people in their dealings with each other..Who prosecutes does not necessarily include governmentPunished/settled through money or injunctions (ex-restraining order)22
23 A prisoner tries to commit suicide by hanging himself with a sheet out a window. He suffers injuries when the sheet rips, and he falls to the ground. Who’s responsible?23
24 You get a cup of coffee at the McDonalds drive-thru and accidentally spill it on yourself. You sue because you claim the coffee was too hot and caused a burn. Whose fault?24
25 Civil Trial Example – Judge Judy Have any of this man’s constitutional rights been violated? Who makes the best argument in this case?
26 PLCThe video is on share point to show the difference between a civil and criminal trial.
27 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?