___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ APK: Activation of Prior Knowledge Write at least 2-3 sentences describing a time when… you needed someone with more authority or experience than you to help solve a problem that was unsolved by every other means. Question of the Day How do the Federal Courts of the Judicial Branch guarantee the rights of all Americans?
Understanding Words - Read each of the sentences on the left and right. -Decide what each underlined word means. -Write the underlined word in a sentence of your own. Mr. Quinones has jurisdiction over the grades of students in his class. Mr. Quinones has jurisdiction over the grades of students in his class. Kernersville police could not give a speeding ticket to Ellen because Winston-Salem was not within their jurisdiction. Kernersville police could not give a speeding ticket to Ellen because Winston-Salem was not within their jurisdiction. Jeff and his parents believed the school suspension of 10 days given by the principal was unfair so they appealed the decision to the superintendent. Jeff and his parents believed the school suspension of 10 days given by the principal was unfair so they appealed the decision to the superintendent. A dissatisfied worker who had a disagreement with a supervisor over salary sought an appellate decision from the supervisor’s boss. A dissatisfied worker who had a disagreement with a supervisor over salary sought an appellate decision from the supervisor’s boss. There was a lot of dissent over whether to paint the wall black or white. There was a lot of dissent over whether to paint the wall black or white. The dissenting opinions in the class room caused many arguments. The dissenting opinions in the class room caused many arguments. To avoid a problem with his boss the employee decided to concur with everything he was told to do. To avoid a problem with his boss the employee decided to concur with everything he was told to do. Mary and Beth had a concurrent opinion about how good looking Lamar was. Mary and Beth had a concurrent opinion about how good looking Lamar was.
The U.S. Judicial Branch United States District Court [high] United States District Court [high] United States Court of Appeals [higher] United States Court of Appeals [higher] United States Supreme Court [highest] United States Supreme Court [highest]
Federal Judicial Branch High Higher Highest ? ? ?
Lessons Questions: Copy and answer based on the lesson 1.Does the United States have a fair system of justice? 2.List and describe the jobs of the three [3] federal courts. 3.What does jurisdiction mean? [Explain] 4.What is stare decisis? [Explain] 5.How does the Supreme Court select and decide cases? [Explain using examples]
United States District Courts U.S. District Court Judges are appointed by the president and confirmed by the U.S. Senate. One judge serves in the court room U.S. District Court Judges are appointed by the president and confirmed by the U.S. Senate. One judge serves in the court room Only federal court with a jury Only federal court with a jury If confirmed, they serve for life unless they retire, die or are impeached for committing crimes. If confirmed, they serve for life unless they retire, die or are impeached for committing crimes. When federal laws are broken such as kidnapping, bank robbery the cases are heard for the first time in U.S. District Court. When federal laws are broken such as kidnapping, bank robbery the cases are heard for the first time in U.S. District Court. This means that U.S. District Courts have original jurisdiction in all cases of federal laws being violated. This means that U.S. District Courts have original jurisdiction in all cases of federal laws being violated. U.S. Court of Appeals Court Judges are appointed by the president and confirmed by the U.S. Senate. 3-5 judges hear cases as a committee and a majority vote decides the outcome. U.S. Court of Appeals Court Judges are appointed by the president and confirmed by the U.S. Senate. 3-5 judges hear cases as a committee and a majority vote decides the outcome. This court does not have a jury If confirmed, they serve for life unless they retire, die or are impeached for committing crimes. If confirmed, they serve for life unless they retire, die or are impeached for committing crimes. A decision of a U.S. District Court may be appealed to the U.S. Court of Appeals. This can happen if there is new evidence, a legal mistake was made or the U.S. District Court judge applied the law incorrectly. A decision of a U.S. District Court may be appealed to the U.S. Court of Appeals. This can happen if there is new evidence, a legal mistake was made or the U.S. District Court judge applied the law incorrectly. This means that U.S. Court of Appeals has appellate jurisdiction because it hear appeals of cases from a lower court. This means that U.S. Court of Appeals has appellate jurisdiction because it hear appeals of cases from a lower court. Who serves on U.S. District Courts? What type of jurisdiction and what type of cases? Who serves on U.S. Court of Appeals? United States Court of Appeals What type of jurisdiction and what type of cases?
The operation of the United States Supreme Court How it works….
What is the Supreme Court? The highest court in the United States. The highest court in the United States. What does that mean? What does that mean? Final avenue of appeal for all cases in the United States. Final avenue of appeal for all cases in the United States. The last place a person can appeal his/her case to seek a change to decision from a lower court. The last place a person can appeal his/her case to seek a change to decision from a lower court.
Supreme Court Made up nine (9) justices. Made up nine (9) justices. One (1) chief, 8 associates One (1) chief, 8 associates Hear cases and make rulings (decisions) based on? Hear cases and make rulings (decisions) based on? The Constitution and precedents [Stare Decisis]. The Constitution and precedents [Stare Decisis]. Stare Decisis means decisions in the past are important so they should be carefully considered and mostly accepted as good. Stare Decisis means decisions in the past are important so they should be carefully considered and mostly accepted as good.
Types of Jurisdiction Original jurisdiction Original jurisdiction Authority to be first court to hear a case [very rare for Supreme Court] Authority to be first court to hear a case [very rare for Supreme Court] Appellate jurisdiction Appellate jurisdiction Authority to hear a case from a lower court Authority to hear a case from a lower court What has happened then? What has happened then? They reviewed a prior decision They reviewed a prior decision
Judicial Review The power to declare laws invalid or unconstitutional. The power to declare laws invalid or unconstitutional. Another way to say it is: Whenever a person appeals a conviction or case they lost in a lower court because he/she believes his/her rights were violated they can ask the Supreme Court to overturn the lower court’s decision. Another way to say it is: Whenever a person appeals a conviction or case they lost in a lower court because he/she believes his/her rights were violated they can ask the Supreme Court to overturn the lower court’s decision. Based on what? Based on what? The Supreme Court’s interpretation of the Constitution, the law, a lower court decision or an action by a government official was unconstitutional. The Supreme Court’s interpretation of the Constitution, the law, a lower court decision or an action by a government official was unconstitutional. That means that somewhere in the Constitution something goes against the law or decision. That means that somewhere in the Constitution something goes against the law or decision.
How cases get here and how decisions are reached? Organized process Organized process Someone files a request called a writ of Certiorari to the Supreme Court requesting that it hear the case Someone files a request called a writ of Certiorari to the Supreme Court requesting that it hear the case The case has almost always has had to have been heard in every state court and the U.S. Court of Appeals with each decision going against them The case has almost always has had to have been heard in every state court and the U.S. Court of Appeals with each decision going against them The Supreme Court does not grant most appeals for Certiorari. The Supreme Court does not grant most appeals for Certiorari. The case usually must have a very important constitutional issue that affects everyone. The case usually must have a very important constitutional issue that affects everyone.
How cases get here and how decisions are reached? If the Supreme Court agrees to hear the case… If the Supreme Court agrees to hear the case… It hears arguments from both sides [defendant and plaintiff] It hears arguments from both sides [defendant and plaintiff] It hears arguments from both sides It hears arguments from both sides The judges [called justices] get to ask questions to the lawyers The judges [called justices] get to ask questions to the lawyers After arguments from both sides are complete the justices think about all of the arguments and vote After arguments from both sides are complete the justices think about all of the arguments and vote The majority wins [need at least 5 vote of the 9 justices]. The majority wins [need at least 5 vote of the 9 justices]. The majority side writes an opinion explaining decision based on precedents and the Constitution [the minority writes one too] The majority side writes an opinion explaining decision based on precedents and the Constitution [the minority writes one too]
Assignment: Creating hypothetical cases Write 3 separate paragraphs. Each paragraph must describe a court case in each of the federal courts [U.S. District, U.S. Appeals and U.S. Supreme] Write 3 separate paragraphs. Each paragraph must describe a court case in each of the federal courts [U.S. District, U.S. Appeals and U.S. Supreme] Be sure to include the following: Be sure to include the following: Reason for case coming before the court [original or appellate jurisdiction] Reason for case coming before the court [original or appellate jurisdiction] Type of law, freedom or right that was violated or broken Type of law, freedom or right that was violated or broken Decision of the court or jury; How case was decided and why Decision of the court or jury; How case was decided and why [You may use the same as it moves through all 3 federal courts] [You may use the same as it moves through all 3 federal courts] A complete assignment will have three [3] separate examples in paragraph form [one for each federal court]. A complete assignment will have three [3] separate examples in paragraph form [one for each federal court].
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