April 11

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April 11

• Notes/discussion over the Judicial Branch
• Chapter 18 Vocab. Quiz Wednesday

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• 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.

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How does the Judicial Branch check the Executive
Branch? Legislative Branch?
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Checks and Balances
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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.

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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

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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.

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• Federal Judiciary -- deals with matters that
  state courts cant 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.

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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?

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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.

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Scenarios Decide if its State or Federal and
if its Civil or Criminal?
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Federal Court System
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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.

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State Court System

• 132 General District Courts
• 123 Circuit Courts
• Court of Appeals of VA
• VA Supreme Court

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DIAGRAM OF COURTROOM
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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.

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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/qualification
  s, positions of past decisions, other opinions

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• Term of office is for life with good behavior
• Removed through impeachment

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

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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

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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)

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• 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

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• First African American Justice was Thurgood
  Marshall
• First woman was Sandra Day OConnor

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April 14, 2016

• Chapter 18 vocab quiz
• Journal Article
• Chapter 19 vocab
• Notes over the judicial branch
• Chapter 19 Quiz Thursday

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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

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• Read pages 520-521
• Explain how cases reach the Supreme Court.
• Explain how the Supreme Court operates.

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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
  Courts docket.
• 8,000 cases are appealed to the Court each year.
• The court accepts only a few hundred each year.

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• 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.

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• 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.

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• 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?
• If the Court refuses to hear a case what is the
  decision in that case?

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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.

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• 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

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• Most of the Courts 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

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

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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.

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Article

• Summary
• Answer
• What executive power is being checked?
• What court did this case start in and why?
• Who is bringing the case to the Court?
• What is the issue that the states are contending?
  (last paragraph)

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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?

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April 19, 2016

• Vocab. Quiz
• Article
• Chapter 20 Vocab.
• Discussion over the Rights of the Accused
• Judiciary Quiz Monday
• Students will be able to describe the
  Constitutional rights of the criminally accused.

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• 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

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• 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 cant be tried for a the same
  crime twice
• Speedy Trial meant to ensure that the government
  will try a person without undue delay

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• 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

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April 25, 2016

• Judiciary Quiz
• Article Mom Filmed School Principal Paddling Her
  Son, Says 'I Couldn't Do Anything
• Prison State movie
• Chapter 20 Vocab. Quiz Wed.
• Court Cases Quiz May 3

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http//www.supremecourt.gov/oral_arguments/2010ter
mcourtcalendar.pdf www.Wikipedia.com