Bell Ringer Questions pages  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?

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!!

Flashback Question 1  This Department was established in 2002 as a result of the global ‘War on Terror’: A).Armed Forces B).Defense C).Treasury D).Homeland Security

Flashback Question 2  True/False: The idea of the Presidential Cabinet is NOT described in the Constitution.

Flashback Question 3  Because Congress is made up of a House and Senate, it is referred to as a __________. A).democratic legislature B).representative democracy C).bicameral legislature D).unicameral legislature

Flashback Question 4  Which Presidential role is being fulfilled in this picture? A).Chief Diplomat B).Commander-in- Chief C).Chief Manager of the Economy  D).Chief of State

Learning Target I will evaluate the effectiveness of the judicial branch of government in representing and meeting the needs of the people.

Order in the Courts

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.

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

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.

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

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

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 Judicial Branch Basics

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

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

Supreme Court’s Jurisdiction MOST of the time, the Supreme Court hears cases on appeal. Supreme Court only has original jurisdiction in: 1.cases affecting ambassadors and other diplomats 2.cases in which a state is a party 3.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.

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.

Supreme Court Jurisdiction – Federal v. State US Courts of Appeals US District Courts & Special Federal Courts State Supreme Courts Intermediate Courts of Appeals State Trial Courts Federal Courts State Courts

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

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.

Jurisdiction – Federal v. State State Jurisdiction (most cases start here!) Federal Jurisdiction Concurrent Jurisdiction -Crimes punishable under both state and federal -Environmental regulations -Civil rights claims -Class-action lawsuits -Issues involving Constitution -State law -Traffic violations -Divorce/child custody -Landlord/tenant disputes -Most personal injury lawsuits -Inheritance matters -Issues about regulation of various professions -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

Activity 3: Federal or State? Hold up the purple card for “federal” and the blue card for “state”  Cashing a counterfeit paycheck  Shoplifting  Credit Card Fraud  Arson  Tax Fraud  Computer Hacking  Disorderly Conduct  Kidnapping  DUI  Piracy (music, movies, games)  Stealing art, jewelry, gems  Domestic Violence  Prostitution  Serial Murder

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.

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) Jurisdiction – Civil v. Criminal

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?

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?

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

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

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?