Unit 9 – Judicial Branch The student will understand the role and structure of the Judicial Branch and how the American legal system protects citizens’ rights and freedoms.

Structure of the Judicial Branch

Marbury vs. Madison This case gave the Supreme Court the power of Judicial Review Judicial Review = declaring actions or laws unconstitutional

Civil Case vs. Criminal Case Civil Case Plaintiff (person harmed) demands remedy Lawsuit granting compensation or equity Criminal Case Resolves accusations (usually from the government) for criminal offenses

Acquitted vs. Convicted Acquitted The accused is free from charge of the offense Convicted The verdict that results from the accused being found guilty

Jury Trial vs. Bench Trial Jury Trial Trial in which a jury decides the verdict. Bench Trial A trial by a judge

Misdemeanor vs. Felony Misdemeanor A lesser criminal act. Examples: Trespassing, shoplifting. Felony A very serious crime. Examples: Rape, murder, theft over $500

Opinion Majority Dissenting - aka minority report Concurring

Qualifications for jury duty be a United States citizen; be at least 18 years of age; reside primarily in the judicial district for one year; be adequately proficient in English to satisfactorily complete the juror qualification form; have no disqualifying mental or physical condition; not currently be subject to felony charges punishable by imprisonment for more than one year; and never have been convicted of a felony (unless civil rights have been legally restored)

Double Jeopardy Can’t be tried for the same exact crime twice.

Plaintiff Aka claimant or complainant The one who tries to sue

Writ of Habeas Corpus Requires that a person under arrest be brought before a judge.

Writ of Centiorari Abbreviated (Cert) A writ seeking judicial review. Directs lower court to send records for review.

Injunction Court order that requires action to remedy a claim. Example: Stay 500 feet away from the other person.

Arraignment Formal reading of the charges before a trial. This is where you plea (guilty, not guilty, nolo contendere).

Florida Declaration of Rights Article I of the Florida Constitution Listing of Rights of Residents

Code of Hammurabi 1 st known written law Ancient Babylonians

Group Roles for Reading Reader Note taker / Summarizer Cheerleader / Supporter Noise Sheriff

District of Columbia vs. Heller Defends the 2 nd Amendment for traditional lawful purposes.

Plessey vs. Ferguson Separate but equal

Brown vs. Board of Education Equal access to public education

Miranda vs. Arizona You have the right to remain silent during arrest. You have the right to speak to a lawyer after arrest.

Hazelwood vs. Kuhlmeier School administrators could exercise prior restraint in forums such as school newspapers.

Tinker vs. Des Moines Upheld 1 st amendment rights in schools. Students wore black arm bands to protest the Vietnam War.

US vs. Nixon 8-0 ruling against Nixon. Was ordered to turn over recorded conversations about Watergate, he appealed.

Gore vs. Bush

Gideon vs. Wainwright You get a public defender for trials.

The Constitution Article I [The Legislative Branch] Article II [The Presidency] Article III [The Judiciary] Article IV [The States] Article V [The Amendment Process] Article VI [Legal Status of the Constitution] Article VII [Ratification]

Amendment I [Religion, Speech, Press, Assembly, Petition (1791)] Amendment III [Quartering of Troops (1791)] Amendment II [Right to Bear Arms (1791)] Amendment IV [Search and Seizure (1791)] Amendment V [Grand Jury, Double Jeopardy, Self- Incrimination, Due Process (1791)] Amendment VI [Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel (1791)] Amendment VII [Common Law Suits - Jury Trial (1791)] Amendment VIII [Excess Bail or Fines, Cruel and Unusual Punishment (1791)] Amendment IX [Non-Enumerated Rights (1791)] Amendment X [Rights Reserved to States (1791)]

Amendment XI [Suits Against a State (1795)] Amendment XII [Election of President and Vice-President (1804)] Amendment XIII [Abolition of Slavery (1865)] Amendment XIV [Privileges and Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868)] Amendment XV [Rights Not to Be Denied on Account of Race (1870)]

Amendment XVI [Income Tax (1913)] Amendment XVII [Election of Senators (1913) Amendment XVIII [Prohibition (1919)] Amendment XIX [Women's Right to Vote (1920) Amendment XX [Presidential Term and Succession (1933)] Amendment XXI [Repeal of Prohibition (1933)] Amendment XXII [Two Term Limit on President (1951)] Amendment XXIII [Presidential Vote in D.C. (1961)] Amendment XXIV [Poll Tax (1964)] Amendment XXV [Presidential Succession (1967)] Amendment XXVI [Right to Vote at Age 18 (1971)] Amendment XXVII [Compensation of Members of Congress (1992)]