Unit 2 Essential Questions

2. Unit 2 Essential Questions • How are the different types of courts divided according to jurisdiction? • How does the Supreme Court have a check on the power of the legislative and executive branches? • How did the Supreme Court become and independent and coequal branch? • Why does the Supreme Court have the power of judicial review? • How does judicial restraint and judicial activism have an impact on government? • Why does the judicial branch have sole power to determine constitutionality? • How have court decisions shaped civil rights and civil liberties throughout American history? • How does due process show up in people’s everyday lives? • What are the major Supreme Court cases that have dealt with due process? • What are the different types of defenses that people who are accused of a crime use? • What determines the type of defense that an accused person will use? • What are the major types of crimes that people in this country commit? • Why do people commit crimes? • Why do people have the right to appeal their convictions and sentences? • How is the appeals process an example of checks and balances? • What is the difference between original and appellate jurisdiction?

3. Structure and Jurisdiction-SSCG:4 • The judicial branch has checks on the other two branches by: • Determining laws enacted by the Legislative Branch unconstitutional • Acts by the Executive Branch unconstitutional (4a) • The Supreme Court is the highest court in the land. It is the only court specifically created by the Constitution. (4a) • Federal Courts or the Inferior courts were established and created by Congress. • The two types of inferior courts are constitutional and special courts. • The U.S. Judicial system is a dual system of government with federal and state courts. (4b) • Civil Rights and Civil Liberties-SSCG:6 • Our Civil Liberties are protected by guarantees provided in the Constitution. (6) • Our Civil Rights are ours because of positive acts taken by government to protect us. (6) • Freedom of Religion under the first amendment is protected through the Establishment and Free Exercise clauses. Granting our right to or not to practice any religion we see fit. (6a) • Under the 14th amendment it assures that everyone’s rights are guaranteed so that we are all afforded the same rights and liberties as everyone else. The 14th amendment is also known as the Due Process amendment. (6b) • Selective incorporation is a means in which the Supreme Court interprets the Bill of Rights on a case by case basis. Which is to say that your case may have had different circumstances when the court decided your case? (6c) • When the Supreme Court decides a person’s protection of their Constitutional rights when it concerns the state the Supreme Court uses the 14th amendment when interpreting the Constitution. (6d) • The 5th and 14th amendments guarantee that all citizens all have equal protection under the law. (Due Process) (6e)

4. Juridiction-SSCG16 • Original jurisdiction is granted to the court that first hears a case. The original ruling of that case. (16a) • When a case is only heard in Federal Court the Federal court is known to have exclusive jurisdiction. (16a) • Cases that can be heard on the state or federal level is known to have concurrent jurisdiction. (16a) • When the Supreme Court hears a case to determine the constitutionality of the ruling is known as judicial review. (16b) • In the case of Marbury v. Madison John Marshall’s decision established the Judicial Branch as a separate and coequal branch of government. (16b) • In order for a case to be placed on the Supreme Court docket the 9 justices have a conference meeting and as long as 4 of the 9 judges agree that it should be heard it will be placed on the docket. This is known as the “The Rule of Four” (16c) • The Supreme Court uses all of the following when rendering a decision. Debate, opinion, conference and arguments. (16c) • Judicial restraint is when the justice use the expressed meaning of the Constitution or precedents in similar cases. (16d) • Judicial activism is when the courts use a liberal interpretation of the Constitution to apply laws that are relevant to the times. Eg. The Framers could not have anticipated the internet as it pertains to Freedom of Speech. (16d) • Criminal Justice-SSCG21 • A case in which someone breaks a written law. (21a) • There are many factors that account for why crimes are committed such as: upbringing, drug use, unemployment, poverty, the group you hang with and many others. (21a) • Crimes have a heavy impact on its victims ranging from emotional, physical, psychological, as well as loss of life, property and fear. (21b) • Felony crimes can be listed as murder, robbery, rape, assault and battery. Penalty’s can range from fines, community service, restitution, probation, prison sentence over a year all the way up to the death penalty. (21c) • Misdemeanors can consist of speeding, nonpayment of child support, shoplifting, jay walking and illegal parking. Penalty’s can include fines, community service, probation and up to a year in jail. (21c) • Often criminals use an alibi to place themselves somewhere other than a crime scene. One that is most commonly used is boyfriend/girlfriend or their parents. (21d) • Criminal Justice and Procedures-SSCG:22 • The first step in any criminal proceeding is coming under arrest, being arraigned, being indicted and then your day in court. (22a) • As the case proceeds and the defendant is formally charged the next steps can/will include a plea bargain, testimony given, jury deliberates and finally a verdict is recorded.(22c) • Due process equal protection under the law is to insure that no one’s civil rights or liberties are not abused. To make sure the system is fair to everyone. (22b)