Thursday March 13, 2014 OBJ: SWBAT Demonstrate their knowledge of the FB through formal assessment. Drill: take five minutes, study, last chance to ask questions HW: Federalist Papers #78 and questions.

Thursday March 13, 2014 List the objects & people depicted in the cartoonList the objects & people depicted in the cartoon What is happening in the cartoon?What is happening in the cartoon? What is the artist’s message?What is the artist’s message?

Answer  In football the referees makes sure that both teams play by the rules.  In our government the judicial branch checks the other two branches by making sure they follow the Constitution.

Objectives: SWBAT  Describe the structure & function of federal courts.  Define the difference between original & appellate jurisdiction.

The Judicial Branch  Read about the judicial branch and complete the worksheet.

How do you become a federal judge? What are the qualifications? None! Supreme Court

How does someone get appointed to the Supreme Court?  Appointed by the President & approved by the Senate Once approved has job for life Once approved has job for life Only ways to leave the job is by resigning, retiring, dying or being impeached Only ways to leave the job is by resigning, retiring, dying or being impeached

So can the president make anyone a Supreme Court Justice? Harriet Myers  Nominated by George W. Bush  Previous exp: Bush’s personal lawyer. Never a judge No exp with constitutional law Nomination withdrawn b/c of Senate disapproval

Jurisdiction Original vs. Appellate

Judges  Listen to the following questions about judges. Put your thumb up if you think the answer is YES Put your thumb up if you think the answer is YES Put your thumb down if you think the answer is NO Put your thumb down if you think the answer is NO

Former Ravens running back Jamal Lewis strains to get the ball across the plane for a touchdown.

Why does Coach Cowher throw the red flag?

What is the referee doing?

And the decision is… What does this have to do with original and appellate courts?

Types of Jurisdiction  Original Jurisdiction: The first court that has authority to hear a case.  Appellate Jurisdiction: A court that hears appeals from a lower court or government agency.

 What if fans could fire referees who made unpopular decisions?  How would this affect the referees?

James Bond in a Honda?  Read the background on Metro-Goldwyn-Mayer, Inc. v. American Honda Motor Co. (1995)

How would you decide the case?  Examine the 15 pieces of evidence to determine whether Honda copied James Bond.

How did you decide? 1.How many of you decided that Honda’s ad agency copied James Bond? Was any one piece of evidence the most convincing, or was it all the evidence taken together? Was any one piece of evidence the most convincing, or was it all the evidence taken together? Is there any one piece of evidence that, if it was missing, would have changed your mind? Is there any one piece of evidence that, if it was missing, would have changed your mind? 2.Should Honda be allowed to do this?

Warm/Wrap Up  So… What happened in MGM v. Honda?  court here believes that the James bond is copyrightable under both story being told test  character delineation.. Has distinguishable characteristics and company can claim long history

Closing  Listen to the following questions about judges. Put your thumb up if you think the answer is YES Put your thumb up if you think the answer is YES Put your thumb down if you think the answer is NO Put your thumb down if you think the answer is NO

An Independent Judiciary What does this mean and how is it achieved?

Chief Justice Rehnquist, 2003 …Without an independent Judiciary, the Constitution may not have survived to, as Chief Justice Taft said, "secur[e] the blessings of individual liberty to all the people of the United States under a government of law and order." And much of the credit is due to the foresight of the drafters of these Charters.

What is Judicial Independence and Why is it Important?  Separation of powers Prevents the other two branches from pressuring them on how to decide a case Prevents the other two branches from pressuring them on how to decide a case  Not an elected position Since federal judges & justices are appointed, they do not have to worry about whether the public likes their decisions Since federal judges & justices are appointed, they do not have to worry about whether the public likes their decisions