Understanding the Structure of the Judicial Branch

1. Students will be able to explain why the Constitution created a national judiciary and describe its structure.

2. Article I of the Constitution, the legislature makes the law. • Article II of the Constitution, the executive enforces the law. • Article III of the Constitution, the judicial interprets the law. • Each branch can “check” the power of the other branches.

3. How does the Judicial Branch check the Executive Branch? Legislative Branch?

4. Checks and Balances

5. Article III, Section I of the Constitution • “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

6. GENERAL INFORMATION: • TWO different court systems in the U.S. • Federal and State • Both feed into the US Supreme Court • Both hear criminal and civil cases

7. Why two different court systems? • The Articles of Confederation did not establish national courts or a national judiciary. • States interpreted and applied the laws as they saw fit. • Decisions by the courts in one state were ignored by the courts in other states.

8. To determine whether it is federal or state court, you need to look at: • The parties involved • Are they all from the same state? • Are they from different states or even different countries? • The situation that has lead up to the trial • Is it a state law or federal law that has been broken?

9. April 3, 2017 • CNN Student News • Chapter 18 Vocab. Quiz April 19 • Judicial Branch Notes • Journal Article • All missing work after the midterm mark must be completed by 4:00 pm on April 5th.

10. Federal Judiciary -- deals with matters that state courts can’t handle. Ex: disputes between states, disputes between foreign citizens and U.S. states or citizens, and matters that deal with federal laws and the Constitution. • State Judiciary -- every matter not handled by the relatively limited federal courts is handled in the state courts. Ex: family law issues, landlord-tenant disputes, probate cases, lawsuits between parties within a single state, and nearly all state criminal offenses.

11. Criminal vs Civil • Criminal cases– government brings charges against the person alleged to have committed the crime. • Civil Cases– involve conflicts between people or institutions such as businesses. One or more of the persons involved brings a suit.

12. Criminal Case • A defendant is charged with a crime. • The case is initiated by the government, through a prosecutor, who is an attorney for the government. • The government must prove that the defendant is guilty beyond a reasonable doubt. • The punishment for guilt can be incarceration, a fine, or possibly the death penalty. • The defendant has a constitutional right to a jury trial, and to be defended by an attorney.

13. Civil Case • An individual, the plaintiff, who feels wronged or injured initiates a case by entering a complaint against the defendant. • The plaintiff must show by a majority of the evidence (more likely than not) that the defendant’s actions or negligence caused the harm or injury. • The losing party could be ordered to reimburse the loss. Either party can be a person, corporation, or government entity.

14. Scenarios: Decide if it’s State or Federal and if it’s Civil or Criminal.

15. Federal Court System

16. Federal Court Jurisdiction • Exclusive Jurisdiction– The case can be heard only in federal courts. Ex… a case involving an ambassador or some other official of a foreign government. • Concurrent Jurisdiction– Federal and State courts share the power to hear those cases. Ex… Disputes involving citizens of different States. • 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.

17. State Court System • 132 General District Courts • 123 Circuit Courts • Court of Appeals of VA • VA Supreme Court

18. DIAGRAM OF COURTROOM

19. US Supreme Court • Article III of the Constitution • Exercises both original and appellate jurisdiction • Most cases come on appeal from the lower federal courts and from the highest State courts. • Constitution sets original jurisdiction as: • 1. As those to which a state is a party. • 2. Those affecting ambassadors, other public ministers, and consuls.

20. Appointment of Justices of the US Supreme Court • Presidential appointment with Senate confirmation (judges of the 94 district courts are appointed by the President and confirmed by the Senate) • Considerations: balance, experience/qualifications, positions of past decisions, other opinions

21. Term of office is for life with “good behavior” • Removed through impeachment

22. Congress sets the number of associate justices • Judiciary Act of 1789 • Six Judges • Congressional Act of 1869 • Chief Justice and 8 associate judges

23. Supreme Court Sessions • Nine month term (October to June) • Two week cycles • Hear oral arguments, announce decisions on Mondays, and rule of motions • Recess to take care of all other business

24. Current Supreme Court Justices • Chief Justice– John Roberts, appointed by Bush in 2005 • Ruth Bader Ginsburg, appointed by Clinton in 1993 (2nd female justice) • Antonin Scalia, appointed by Reagan in 1986 • Sonia Sotomayor, appointed by Obama in 2009 (1st Hispanic)

25. Elena Kagan, appointed by Obama in 2010 • Clarence Thomas, appointed by Bush in 1991 (2nd African American Justice, grew up in Savannah, GA) • Samuel Alito, appointed by Bush in 2006 • Stephen Breyer, appointed by Clinton in 1994 • Anthony Kennedy, appointed by Reagan in 1988

27. First African American Justice was Thurgood Marshall • First woman was Sandra Day O’Connor

28. Journal Article

29. April 5, 2017 • CNN Student News • Chapter 18 Vocab. Quiz April 19 • Warm Up • Judicial Branch Notes • All missing work after the midterm mark must be completed by 4:00 pm on April 5th.

30. You will be able to: • COMPARE and CONTRAST federal and state court systems • LIST and EXPLAIN the differences between criminal and civil cases • DESCRIBE the basic structure of the Supreme Court

31. How many court systems do we have? • How many justices are there on the Supreme Court? • Who decides the number of justices on the Supreme Court?

32. Inside the Supreme Court https://www.youtube.com/watch?v=Unyswl36q8w

33. Read pages 520-522 • Explain how cases reach the Supreme Court. • Explain how the Supreme Court operates. • Explain the court opinions.

34. How cases reach the Court • Rule of Four-- at least four of the nine justices must agree that a case should be put on the Court’s docket. • 8,000 cases are appealed to the Court each year. • The court accepts only a few hundred each year.

35. The Court can remand or return a case to a lower court for reconsideration. • Writ of Certiorari– The Court will direct a lower court to send up a case for its review. • “Cert” is typically granted to cases that raise an important constitutional question.

36. When the certiorari is denied, the decision of the lower court remains. • Some cases reach the Court by certificate, when the lower court is not sure about the procedure or rule of law that should apply to the case.

38. How the Court Operates • They hear oral arguments in several cases for two weeks. • Then they recess for two weeks to consider those cases. • The lawyers oral arguments are limited to 30 minutes.

39. Before oral arguments the lawyers file Briefs. • The Court meets in conference to consider the cases they heard oral arguments over. • Justices will be “polled” about their decision. • They will then debate the case

40. Most of the Court’s decisions are divided. • Majority Opinion– will stand as precedents, or examples to be followed in similar cases as they arise in lower courts. • Concurring Opinions • Dissenting Opinions

41. SCOTUS Procedures https://www.youtube.com/watch?v=7sualy8OiKk

42. Read pages 518-519 • Explain Marbury v. Madison. • What were the effects of Marbury v. Madison?

43. Judicial Review • The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial. • The Supreme Court is the final authority on the meaning of the Constitution.

44. April 17, 2017 • CNN Student News • Review Questions • Article III reading and questions • Rights of the accused • Murder Cases • Vocab. quiz April 19 Students will be able to describe the rights of a person accused of a crime.

45. Rights of the Accused • “It is better that ten guilty persons go free than that one innocent person be punished” Explain. • If you are accused of a crime, what are your rights?

46. A person accused of crime must be presumed innocent until proven guilty by fair and lawful means • Writ of Habeas Corpus-- the prisoner has to be brought before the court • Bill of Attainder– a legislative act that inflicts punishment without a court trial

47. Ex Post Facto Law– criminal law that applies to an act committed before its passage • Indictment– formal complaint laid before a grand jury by a prosecutor • Double Jeopardy– can’t be tried for a the same crime twice • Speedy Trial– meant to ensure that the government will try a person without undue delay

48. Public Trial– 6th Amendment says that a trial must also be public. • Trial by Jury– must be tried by an impartial jury • Guarantee against self-incrimination– 5th Amendment • Cruel and unusual punishment- 8th Amendment • 1966 Miranda Rule