1. Unit 3B – The Executive & Judicial Branches Day 6: Structure of Judiciary & Jurisdiction
WARM UP:
What experiences (if any) have you or your family had with the court system?
Turn in:
Today’s Plan:
Warm Up
Quiz Review
Reading activity
Discussion/Notes
Crossword & Bingo

2. Quiz Review!

3. End of Class Quiz - #1
___________ is the authority of the Supreme Courts to decide whether acts of Congress and the President are constitutional or not.
JUDICIAL REVIEW is the authority of the Supreme Courts to decide whether acts of Congress and the President are constitutional or not.

4. End of Class Quiz - #2
Supreme Court opinions create ___________, which are legal rulings that guide future courts in deciding cases. Once established, these are rarely changed.
Supreme Court opinions create PRECEDENTS, which are legal rulings that guide future courts in deciding cases. Once established, these are rarely changed.

5. End of Class Quiz - #3
Marbury v. ___________ established the legal precedent of _________________.
Marbury v. Madison established the legal precedent of ___Judicial Review_______.

6. End of Class Quiz - #4
In 1954, the Court ruled in _______________ that segregated schools are unconstitutional.
In 1954, the Court ruled in _Brown v. Board_ that segregated schools are unconstitutional.

7. End of Class Quiz #5
In its Brown v. Board decision, the supreme court overturned the precedent of separate but equal that it had established in the 1896 case ___________________.
In its Brown v. Board decision, the supreme court overturned the precedent of separate but equal that it had established in the 1896 case _Plessy v. Fergusson_.

8. End of Class Quiz #6
Because there are ____ Justices on the Supreme Court, _________ opinions must be supported by at least 5 Justices.
Because there are _9_ Justices on the Supreme Court, _Majority_ opinions must be supported by at least 5 Justices.

9. End of Class Quiz #7
True or false: you can serve on the Supreme Court ONLY if you have graduated from Law School.
FALSE

10. End of Class Quiz #8
A _________ interpretation of the constitution is based on the idea that we should read the Constitution as literally as possible. In other words, if the constitution does not grant a power, we cannot allow government to have it.
A _STRICT_ interpretation of the constitution is based on the idea that we should read the Constitution as literally as possible. In other words, if the constitution does not grant a power, we cannot allow government to have it.

11. End of Class Quiz #9
A _______ interpretation of the constitution is based on the idea that the constitution is a living document. In other words, as times have changed, we must read and interpret the constitution in the context of modern society.
A _loose_ interpretation of the constitution is based on the idea that the constitution is a living document. In other words, as times have changed, we must read and interpret the constitution in the context of modern society.

12. Unit 3B – The Executive & Judicial Branches Day 5: Supreme Court & Judicial Review
Essential Question:
How is power divided between the 3 branches of American government?
Objectives:
I can explain the role of the Supreme Court
I can distinguish between original and appellate jurisdiction

13. This Week: Today – Federal Court System
Thursday – Balance of Power Review & Controversial Cases
THURSDAY: TUTORING
This week: Research for current event essay
Next week: writing your outline & draft
Friday – Unit 3 Exam: Includes 3A and 3B.
FRIDAY: Progress REPORTS
DO YOUR CONGRESS REFLECTION!!!!

14. “Judicial Department in a Flash”
Read and annotate the handout
Do page 1 of the worksheet when done.

15. Article 3-Judicial Branch

16. Jurisdiction Original Jurisdiction Appellate Jurisdiction
First court to hear a case
Appellate Jurisdiction
Court reviews the decision of a lower court

17. Original v. Apellate Jurisdiction
District Courts
ORIGINAL Jurisdiction
First Federal court to hear a case (it might have already been to a state level court)
Trier of facts – all evidence is considered in district courts
Appeals Courts
Appellate jurisdiction
Only reviews cases already decided at district level
Constitutional issues:
Were the rights of the accused violated by police or the district court?
Was the trial fair at the district level?
Did the District court properly apply legal precedent?

18. State v. Federal Jurisdiction
Most crimes
Most civil cases
Constitutional issues
Federal law
Disputes between states
Dispute between citizens from different states
Dispute about Federal treaties
If the Federal government sues you

19. The State Courts
Most cases are handled by State Courts and never reach the Federal Judiciary

20. The Federal Courts 3 Types of Federal Courts Supreme Court
Federal courts of Appeals
Federal District Court

21. United States District Courts
Trials in federal district court are usually heard by a judge.
Jury trials can also happen in district court
Federal Court Jurisdiction:
Bank robbery
Counterfeiting
Mail fraud
Kidnapping
Civil rights abuses

22. Circuit Courts of Appeals
The side that loses a case in district court may appeal to the federal court of appeals
In some rare cases, you can appeal directly to the Supreme Court – but this is VERY RARE

23. Circuit Courts of Appeals
The nation is divided into 13 Federal Circuits, each with about the same # of people
North Carolina is in the 4th Circuit, with VA, SC, WV, and MD
three appeals court judges sit as a panel to hear cases.
2 of the 3 judges must agree
No juries in the court of appeals

24. Courts of Appeals review a case for errors of law, not of fact
All evidence must be presented in District court, before the appeal
Appeals courts ONLY deal with making sure the law was followed properly and making sure that legal mistakes are corrected

25. Courts of Appeals 3 outcomes in the Court of Appeals
Uphold the District Court ruling
District court was correct.
Reverse the District Court ruling
District court was wrong about some or all of its ruling
Remand to the District Court
“re” sends it to the District court with instructions to do it over.

26. The U.S. Supreme Court Appellate Jurisdiction Original Jurisdiction
Cases already argued in the Federal appeals court
Some cases appealed directly from district court
Cases appealed from Supreme Court of a state if that cse involves Federal law or the constitution
Original Jurisdiction
Cases involving foreign diplomats
Cases involving conflicts between two states

27. The United States Supreme Court
In order for a case to be heard by the Supreme Court, at least four justices must vote to hear the case.
Appeals to the court are called “writs of certiorari”

28. The United States Supreme Court
When the court decides a case, it can:
Affirm the decision of the lower court and “let it stand.”
Modify the decision of the lower court, without totally reversing it.
continued…

29. The United States Supreme Court
Reverse the decision of the lower court, requiring no further court action.
Reverse the decision of the lower court and remand the case to the court of original jurisdiction, for either retrial or resentencing.

30. Crossword & Bingo
Complete the Crossword Puzzle
Create your bingo grid