Role of the Court System

UEQ: Where does the Supreme Court derive its power from? How does the Supreme Court effectively use its power?

LEQ: What is the purpose of having a court system with different courts? How do criminal cases differ from civil cases?

Plaintiff Defendant Prosecution Precedent Original Jurisdiction Appeal Appellate Jurisdiction

Lets see what you already know. Individually take the next five minutes and

write down as many things that you can about courts, judges, juries, or even crimes (types, punishments, etc.) basically everything you know about the justice system.

Brainstorming: With the other members of your group, read off your notes, once all members are finished, as a group come up with a statement that answers this question, “Why do crimes exist and how do courts deal with crimes?”

The Judicial Branch contains; the U.S. Supreme Court and over 100 other courts, plus hundreds of smaller courts.

Judges in any court are apart of the government, however they are nearly free from government control.

Judicial Branch Courts

When happens when an accident occurs? Grandmother VS. Mercedes Benz

Or…what happens when there is a dispute (fight) or a crime is committed? Student Disputes Seriously though: Nanny Abuse

All courts solve legal conflicts, they apply the laws to the conflicts and determine punishments.

Courts solve two case types: Criminal Cases- person breaks a law,

court determines punishment. Civil Cases- people disagree, court

determines settlement.

PLAINTIFF DEFENDANT

Person or group that bring a complaint to court against another person or group.

Person or group that the complaint is about and that defends their side.

Imagine that Santa’s reindeer get tired of hauling him around year after year. Their job security is not good, pay is low, food is stale and rotten, and living conditions are horrible, so the nine reindeer decide to sue Santa.

The case would be titled: Reindeer v. Santa The plaintiff’s name is always listed first, the

defendants name is listed second. (Always)

PROSECUTION DEFENDANT

Government body that brings a charge against a person or group who broke a law.

A.K.A “The People” Represented by a

lawyer called a prosecutor.

Person or group that answer a charge.

Usually an arrested criminal or arrested group that are brought to trial from prison or jail.

Represented by a lawyer.

In 1994, then hall of famer OJ Simpson supposedly killed his former wife Nicole Simpson and her friend Ronald Goldman. Due to the mishandling of evidence by

police and falsified claims, after nearly two years in court, Simpson is found not guilty.

However, in 1997 a civil case is broughtagainst Simpson, he is found guilty, andrequired to pay both families $60 million.

1995 Simpson Trial Breakdown of the Case

Applies the law to the case and the problem.

Remains neutral and cannot take sides.

Judge Judy Clip Questions:

With TV courts, do you think judges take sides???

With TV courts, in your opinion do you think judges are actually breaking the law???

The PEOPLE'S Court

Most criminal cases require a jury.

A jury must be of mixed ages and races. (What amendment gives

you the right to a jury?) Why?

Right guaranteed by the Constitution. Illegal to do this in a jury: Sequestered Jury Impossible jury to win

against: Homer v. The Devil

Gun Control Laws: Do they mean control or ban all guns??? All courts must decide what a law means and

how/can it be used in only one case or multiple cases.

Once a court decides on how to use a law and decides a case, the court sets precedent. Guideline for how all future similar cases should

be decided. Example: In Brown v. Board of Education, the

Supreme Court said and made segregation illegal, all future laws that segregated were made illegal.

Using the graphic organizer that I have given you and pages 269-270 in your textbook, fill in the graphic organizer so that you can

see how state and federal courts are similar but different.

On the back of the graphic organizer or somewhere in your notes, list the steps for the appeal process of a court case. The

information on the appeal process is mixed in between pages 269 and 270, begins under jurisdiction.

STATE COURTS FEDERAL COURTS

Most cases begin here. Multi-purpose courts.

(traffic court, juvenile court)

Have original jurisdiction- can hear a case first.

Usually only have a judge but can have a jury present.

Decisions in cases can affect the country for years.

If a case is decided, a person can appeal- ask a higher federal court to look at the case.

Have appellate jurisdiction- authority to hear an appeal.

Hear cases beyond state authority.

Appealing a Court Case

In an appeal court, no trial is held, the court only reviews the case. Determines if the law was used and applied fairly.

After determination, two things can be done: Decision of lower court is upheld. Decision of lower court is reversed.

Your Opinion: If a new case is held, wouldn’t this still be considered double jeopardy???

Case can continue to be appealed until it reaches the state supreme court. (final court)

In St. Louis County, Missouri, a judge ruled that the county could keep people under the age of 17 from buying, renting, or playing violent video games without parental consent. The Interactive Software Association argued that video games have First Amendment protection, just like movies and books. However, the judge would later rule that video games are not a form of speech protected by the First Amendment.

What constitutional right is at stake here? Can video games be considered a form of expression like

books and movies? How So/How Not So? Explain. Do you think people under 18 should be restricted from

playing violent video games? Why/Why Not? Give an example and explain.

Which group in the case could appeal the decision? What kind of decision do you think the appeal court could make?