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The Judicial Branch

The Judicial Branch. Chapters 18 -21. Bell Ringer. How are referees in sports and the court system the same?. Learning Target. Students will learn the basis of the USSC and how court cases are appealed to the USSC. The Court’s Influence, cont.

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The Judicial Branch

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  1. The Judicial Branch Chapters 18 -21

  2. Bell Ringer • How are referees in sports and the court system the same?

  3. Learning Target • Students will learn the basis of the USSC and how court cases are appealed to the USSC.

  4. The Court’s Influence, cont. • The Court also interprets the meaning of many federal laws and rules on how they should be applied. • Chief Justice John Marshal laid the foundation for Courts role in interpreting laws. John Marshall, Chief Justice of the United States, 1801—1835

  5. Packing the Court • The Judiciary Act of 1789 created a Supreme Court of six justices, including the Chief Justice. • The Court’s size has changed over time, reaching its present size of nine in 1869. • In 1937, President Franklin Roosevelt asked Congress to increase the size of the Court.

  6. Requirements to USSC 1. No age requirement (typically older) 2. No professional requirement • No experience as a judge required - However, all have had legal training

  7. Term of the USSC 1. Serve for life 2. May be impeached • Sessions begin the 1st week in Oct. and end the last week in June

  8. USSC Justices http://youtu.be/7bW035BRBjY Role of USSC Justices http://www.youtube.com/watch?v=VfGn36uhx7c&feature=share&list=PLDF3EB54C00B576E6

  9. The Supreme Court • USSC has a Chief Justice & 8 justices. • USSC is the final authority on court cases • USSC has the final power of judicial review - which is the power to decide the if an act of gov't is constitutional 1803 – est. by Marbury vs. Madison

  10. Marbury v. Madison, 1803 President Jefferson wanted to block William Marbury from accepting a judgeship granted by the outgoing President Adams. Jefferson asked the Supreme Court to hear the case under the authority granted to the Court by a recent congressional law. Marshall ruled that the law passed by Congress was unconstitutional, so the Court had no jurisdiction to hear the case.

  11. Marbury v. Madison, cont. Checkpoint: What is the significance of the case Marbury v. Madison? Marshall ruling affirmed the Court’s power of judicial review, which is not stated in the Constitution. Judicial review gave the judicial branch a key role in the development of American government.

  12. Marbury vs Madison http://youtu.be/rXwTrArJ1zM

  13. The Supreme Court 4. USSC has both original & appellate jurisdiction. Most cases come on appeals. 5. USSC decides about 100 cases a year.

  14. Hearing Appeals in the USSC 1. Anyone can appeal a case to the USSC • USSC decides which appeals to hear 3. 4/9 justices have to agree to hear case • If they agree, the case is put on docket • Docket – lists of cases to be heard 5. Lawyers from both sides writes a brief

  15. Hearing Appeals in the USSC 6. Lawyers make oral arguments - Very dramatic - Try to persuade justices in their favor - Originally no time limit but Today 30 min 7. Conference - Justices meet in private - Discuss current case - Each justice has a chance to state their views

  16. Hearing Appeals in the USSC 8. Court opinion is written - Chosen by the Chief Justice/Sr Justice - A draft is written - May change minds of justice - The S.P. rules on the case

  17. How a case gets appealed to the Supreme Court • Case is filed in a federal court • Case is appealed to a federal court of appeals • Case is appealed to the Supreme Court and the USSC can either : - Allow the lower-court ruling to stand - Send the case back to reconsider it - Agrees to hear the case 4. The USSC rules on the case

  18. Assignment 1 • USSC Bio Name Age President/Yr appointed Previous work experience

  19. End of Day 1!!

  20. Bell Ringer Why are the inferior courts considered the workhorses of the judicial branch?

  21. Learning Target Students will learn the different types of jurisdiction in the inferior courts.

  22. Federal Courts • Constitution created the US Supreme Court • Inferior courts created by Congress - federal courts under the Supreme Court 3. Congress created two types of federal courts: A. Constitutional Courts- deal with matters involving the judicial power of the US. B. Special Courts- deal with cases related to the expressed powers of Congress

  23. Types of Federal Courts • The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed. • Congress created the Constitutional Courts under the provisions of Article III to exercise the broad “judicial Power of the United States.

  24. Types of Federal Courts, cont. • Congress created the special, or legislative, courts to help exercise its powers as spelled out in Article I. • These courts have narrowly defined jurisdictions.

  25. Which Court? • Two separate court systems, federal and State, hear and decide cases in the United States. • Scenario: Citizen M robs a bank in California. • Jurisdiction: FEDERAL

  26. Which Court? cont. • Scenario: Citizen X of Michigan sues Citizen Y of Massachusetts for $80,000 in damages caused as the result of a car accident. • Jurisdiction: CONCURRENT

  27. Which Court? cont. • Scenario: Citizen Y of Ohio has her car repaired at AJ’s, the local repair shop. Her car breaks down on her way home. She sues the repair shop for breach of contract. • Jurisdiction: STATE

  28. Exxon Valdez Oil Spill http://youtu.be/YkzB1ZYcTwM Legacy of Exxon Valdez http://youtu.be/vhyT_Q0YJ5c

  29. Jurisdiction • Jurisdiction - the authority to hear federal cases • Exclusive Jurisdiction – Fed & St courts have jurisdiction over cases that may Only be heard by them • Concurrent Jurisdiction – Fed & St courts have jurisdiction over cases that may be tried by either.

  30. Jurisdiction • Plaintiff – person/group who files suit • Defendant – person/group who suit is against 6. Original Jurisdiction – jurisdiction given to court that 1st hears the court case 7. Appellate Jurisdiction – jurisdiction given to a court that hears an appeal from a lower court

  31. Checks & Balances • President nominates federal judges • Senate then confirms the federal judges

  32. The Inferior Courts • The Inferior Courts are the federal courts under the Supreme Court. 2. The FC handle most federal cases. • Each state, the DC, & Puerto Rico has at least one district court of federal trial • U.S. has 94 district courts that have original jurisdiction over most federal criminal cases and civil cases.

  33. The Inferior Courts 5. Criminal Case - when a person violates a federal law 6. Civil Case - involves non- criminal matter such as a contract dispute. 7. Courts of Appeals - hear appeals from district courts that could not handle the load. 8. US has 12 courts of appeals serving 12 judicial circuits

  34. The Inferior Courts 9. 179 circuit judges on these CoA with a USSC justice assigned to each of them. 10. Usually 3 appellate judges that sit in on each case.

  35. Assignment 2 1. www.uscourts.com 2. Identify the number of districts in each state. 3. Identify the state with the most districts 4. Identify the state with the fewest districts. 5. What do you notice about the number of districts in proportion to the population of each state?

  36. Assignment 3 6. Who may be called to serve as a juror? 7. What kind of trial can a juror be asked to hear? 8. What questions will the lawyers ask as they decide which people they want on the jury? 9. How long will a juror have to serve if called? 10. Are jurors in your city or state paid anything for their services?

  37. Assignment 4 11. Federal Districts Courts for the State of AL 12. District Court Name and Location: 13. Judges’ Names: 14. Recent Case and Result:

  38. Assignment 5 • Four students to role-play attorneys • Two for the defense • Two for the prosecution • A person accused of robbing gas station. • All students write questions that might be asked of potential jurors for the case • Attorneys use these questions to select 12 jurors from the class. • Attorneys explain to the class why they believe these students would make a fair jury of peers in the trial

  39. End of Day 2 !!

  40. Bell Ringer How would you compare special courts to Constitutional courts ?

  41. Learning Target Students will learn the different types of special courts in the US court system.

  42. Other Federal Courts • U.S. Court of International Trade - hear civil cases involving trade usually related to laws and tariffs. Currently has 9 judges that includes a Chief Judge. • Court of Appeals for the Federal Circuit - hears the appeals cases from across the country. It's purpose is to speed up appeals in certain kinds of civil cases.

  43. The Special Courts • Special Courts (legislative courts) has a narrow jurisdiction usually connected to an expressed power of Congress. - such as the power to tax • Court of Federal Claims - hear such cases of anyone suing the US Govt. 3. Territorial Courts – hear cases & judge cases in U.S. territories

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