1. April 11  Notes/discussion over the Judicial Branch  Chapter 18 Vocab. Quiz Wednesday

2.  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.

3. How does the Judicial Branch check the Executive Branch? Legislative Branch?

4. Checks and Balances

5. 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.”

6. 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

7. 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.

8.  Federal Judiciary -- deals with matters that state courts can’t 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.

9. 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?

10. 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.

11. Scenarios: Decide if it’s State or Federal and if it’s Civil or Criminal?

12. Federal Court System

13. 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.

14. State Court System  132 General District Courts  123 Circuit Courts  Court of Appeals of VA  VA Supreme Court

15. DIAGRAM OF COURTROOM

16. 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.

17. 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/qualifications, positions of past decisions, other opinions

18.  Term of office is for life with “good behavior”  Removed through impeachment

19.  Congress sets the number of associate justices  Judiciary Act of 1789 –Six Judges  Congressional Act of 1869 –Chief Justice and 8 associate judges

20. 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

21. Current Supreme Court Justices  Chief Justice– John Roberts, appointed by Bush in 2005  Ruth Bader Ginsburg, appointed by Clinton in 1993 (2 nd female justice)  Antonin Scalia, appointed by Reagan in 1986  Sonia Sotomayor, appointed by Obama in 2009 ( 1 st Hispanic)

22.  Elena Kagan, appointed by Obama in 2010  Clarence Thomas, appointed by Bush in 1991 (2 nd 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

24.  First African American Justice was Thurgood Marshall  First woman was Sandra Day O’Connor

25. April 14, 2016  Chapter 18 vocab quiz  Journal Article  Chapter 19 vocab  Notes over the judicial branch  Chapter 19 Quiz Thursday

26. 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

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

28. 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 Court’s docket.  8,000 cases are appealed to the Court each year.  The court accepts only a few hundred each year.

29.  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.

30.  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.

32.  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?

33. 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.

34.  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

35.  Most of the Court’s 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

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

37. 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.

38. 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)

39. 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?

40. 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.

41.  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

42.  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– can’t be tried for a the same crime twice  Speedy Trial– meant to ensure that the government will try a person without undue delay

43.  Public Trial– 6 th Amendment says that a trial must also be public.  Trial by Jury– must be tried by an impartial jury  Guarantee against self- incrimination– 5 th Amendment  Cruel and unusual punishment- 8 th Amendment  1966 Miranda Rule

44. 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

45. http://www.supremecourt.gov/oral_arguments/2010termcourt calendar.pdf www.Wikipedia.com