When you come in…

• What President power is it (5.2 sheet)?1) The power of shortening jail time2) The power of making agreements without the Senate3) The power of making laws4) The power of rejecting laws5) The power of hiring someone6) The power of making formal agreements with consent from the Senate

“Equal Justice Under Law”

• The motto of the court system (p.240 Civics Today can help you)

• Do ONE of the following on a sheet of paper:1) Create two cartoon sketches: one that shows

what you believe equal justice looks like, and one that shows what unequal justice looks like.

2) Create a poem or rap song that shows what you believe equal justice under law is and what is unequal justice under the law. Make sure you have at least 8 lines of words.

The Judicial Branch Structure, and Jurisdiction (Chapter 6.1)

Federal Courts and Jurisdiction, Federal Appeals Process

Judicial Branch Basics

• Established by Article III in the Constitution

• Highest Federal Court is the Supreme Court, which has 9 justices including a chief justice

• All Federal Judges and Justices are appointed by the President, and approved by the Senate, for life

Powers of the Supreme Court

• Can declare Presidential acts unconstitutional through judicial review

• Can declare acts of Congress unconstitutional

Types of Federal Courts

• District Courts –lowest courts, deal with cases for first time

Types of Federal Courts

• US Court of Appeals – hears appeals from lower court cases

• US Supreme Court – hears appeals from lower courts, hears important cases for the first time (such as if the US is sued)

Special Courts

• Court of International Trade – hears cases involving international trade problems

• Court of Federal Claims – deals with monetary damage cases filed against the US

• US Tax Court – deals with contested tax assessments from tax payers

That’s Unconstitutional!

• Finding something unconstitutional is basically finding something illegal, or not allowed by the Constitution.

• On the other side of the sheet of paper: Pick 3 Presidential decisions made by any 3 other classmates and declare them unconstitutional. Explain why you disagree with the decision (make up a reason).

Current Supreme Court Justices

Sonia Sotomayor, Stephen Breyer, Samuel Alito, Elena Kagan, Clarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy, Ruth Bader Ginsburg

When you come in…

• Answer the following:

1) How many people are on the Supreme Court?

2) What power does the court have?

3) List the types of federal courts from lowest to highest.

Expectations:

- Be in your seats and working when the bell rings

Appointing a Supreme Court Justice

• There are no requirements or qualifications to become a supreme court justice. Create a RESUME for a person you think would be exceptionally qualified to be Supreme Court justice.

• Part 2 – On a note card you will determine the top 9 qualified justices for the Supreme Court. You may pick your own person.

On the back of the note card…

• Even though there are no qualifications, list the top 5 things that you were looking for when hiring a Supreme Court justice. What kind of people would best support “Equal Justice Under Law”?

• Consider things that were on the sheet that you felt were the most important.

Court Jurisdiction (6.2)

1) Original Jurisdiction - The authority to hear a case for the first time2) Appellate Jurisdiction - The authority to review a case that has been heard

Original v. Appellate

• Step 1 District Court - Create a ½ page story that leads to a court case that is handled by a district court with original jurisdiction and have the person found guilty – make sure to include all the evidence

• Step 2 Appeals Court - Respond to the original case as an appellate court by determining whether or not the guilty person should win his appeal or not and write a couple of sentences that explain your ruling

Concurrent v. Exclusive Jurisdiction

1) Concurrent Jurisdiction - The authority of both state and federal governments to hear the case

2) Exclusive Jurisdiction - The authority of just the federal government to hear the case

What is Under Exclusive Jurisdiction?

• Violation of Federal Laws

• Civil Cases involving the US in the case

• Cases in “navigable waters” or at sea

• Cases between different states

• Cases between US citizen and foreign person

Federal v. State Jurisdiction

• Flip over the notes sheet. Determine where each case would have gone by writing down the following for each case:

1) What is the case about? What is the main topic?

2) What jurisdiction do you believe this topic falls under (exclusive or concurrent)? Write a sentence explaining why it should go to a federal or state court.

When you come in…

• What type of jurisdiction is it? (6.2)

1) The states and national (federal) government can both see the case

2) The district court can see this type of case, cause it’s the first time

3) The appeals court sees this case because it was appealed

4) Only the national government can see this case, not the states

When you come in…

• Answer the following from your pamphlet that you did (or pamphlet assignment sheet):

1)What are responsibilities? What are two examples of responsibilities?

2)What are duties? What are two examples of duties?

Expectations:

- Be seated and working when the bell rings

Chapter 1-6 Project

• On the sticky notes provided, list 2 facts from each chapter on a sticky note and place them on the appropriate chapter board around the room. Make sure your name is on the sticky notes.

• Complete the 1-6 writing portion of the project by following directions on the sheet.

Jurisdiction Question

• Are most cases federal or state cases? Should this be changed?

Supreme Court Cases (6.3)

• Based on the Supreme Court cases you have, which case do you believe had the most correct ruling? Why? (2 sentences)

• Based on the Supreme Court cases you have, which case do you believe had the worst ruling? Why? (2 sentences)

The Judicial Process (10.3)

Before the Trial, The Trial, and the Appeals Process

Step 1 Prior to Trial: The Commission of A Crime

• The crime is a misdemeanor or a felony, and law enforcement must first have a warrant

• If a person is charged with a crime they become the defendant and they face the government attorney called the prosecutor

Step 2 Prior to Trial: Charging a Defendant

• 2 ways1) Formal indictment by a

grand jury, a special jury that only hears evidence and decides if case should go to trial

2) Complaint issued by a prosecutor and a preliminary hearing determines if there is enough evidence

The Jury Duty• All citizens of the US are

eventually selected for jury duty

• Citizens become jurors through the process of voir dire, where the attorneys ask questions to potential jurors

• If the case is long or tough the jury might be sequestered, or cut off from society to assure that nobody can influence their decision

Step 3 Prior to a Trial: The Arraignment

• The arraignment is where the defendant hears the charges against them and enters a plea of guilty or not guilty

• If guilty, the judge will issue a sentence and if not guilty the case will be scheduled on the court docket or calendar for the court

Step 4 Prior to Trial: Addressing Issues

• Will the defendant receive bail (money for not being in jail)?

• Will the defendant plea bargain (plead guilty in exchange for a less serious offense)?

• Will the attorney file a pre-trial motion that requests that certain evidence be omitted from the case, usually in the form of briefs?

Step 1 of the Trial: The Case is Heard

• Prosecutors face off against defense attorneys who protect the defendant

• A trial jury hears the case

• A bailiff acts as the law enforcement to maintain order in the court

Step 2 of the Trial: Witnesses

• Witnesses can be called to the stand if they are issued a subpoena

• If they refuse they can be held in “contempt of court”

• If they lie they can be held for perjury

Step 3 of the Trial: The Verdict

• If the verdict is not guilty the defendant is set free

• If the verdict is guilty, the judge will pronounce the sentence

• If a potential capital offense (potential for death) then the jury must decide if defendant will be executed

• If a jury does not come to a consensus, it is a “hung jury” and a mistrial

Civil Cases or “Torts”

• “Tort Law” involves cases that injure a person, property, or business

• One side acts as the plaintiff (side seeking a lawsuit) and the other side has a defendant, called to court by a summons

• Many times these cases are resolved through out of court settlements

Step 1 of the Appeals Process: Reviewing a Case

• All cases, civil and criminal, are entitled to an appeal, or review of a case

• The appeals court will review cases if the previous case had procedural or other problems

Why Appellate Courts Take a Case

• Issue of Fact – certain facts about a case were not given proper consideration

• Issue of Law – certain trial procedures were not followed properly

• The right of a victim was not protected (constitutional rights)

Step 2 of Appeals Process: The Case

• A panel of judges decides the outcome, first hearing oral arguments from attorneys

• The judges then vote and come to a decision, which only requires a majority

• The judges then write opinions based on the outcome of the case

Types of Opinions written by Judges

• Majority Opinion – opinion of the majority of the court (we should get rid of the unified schedule because block classes are too long)

• Concurring Opinion – agreed with majority opinion, but for a different reason (we should get rid of unified schedule because it messes up student’s schedules)

• Dissenting Opinion – disagreed with majority opinion (we should keep the unified schedule b/c…)

Step 3 of Appeals Process: US Supreme Court

• The Supreme Court can review any case they want, usually dealing with US Constitution

• Writ of Certiorari requires that lower courts refer decisions to the Supreme Court

Court Case Cartoons• Create a 6 slide political cartoon about a fictitious

court case that goes through the following steps (you must put the steps in order):

1)Judge writes an Opinion

2)Indictment by a Grand Jury

3)Writ of Certiorari

4)Bail is made

5)Arraignment

6)Verdict is guilty