1. Paper Preparation solo
Judicial Branch in a Flash
We are paper boxing.
Head the paper.
Title your paper.

2. Judicial Branch in a Flash (SS.7.C.3.8)
- by the end of this lesson, you should be able to:
identify the basic levels and functions of the judicial branch
compare the three levels of the court system
demonstrate the progress of a case as it moves through the judicial system

3. Today’s reading
We will be having volunteer reading. I will write eight people on the board. Look for the arrow so you know when to read. Readers, please write down any underlined phrases before reading your section.

4. Box 1: The Supreme Court
The first thing you really need to know is how courts were created. The only court the United States Constitution actually creates is the Supreme Court—the highest court in the country. The Constitution also allows Congress to create other courts. When Congress created those other courts, the federal court system was born.

5. Today’s Reading
There are two systems of courts in the United States. The federal court system deals with disputes about laws that apply to the entire United States. State court systems mostly deal with disputes about state laws. Each state has its own court system created by its own state constitution.

6. Box 2: Federal vs. State
Each court system deals with certain kinds of cases. Federal courts hear cases about federal laws, the U.S. Constitution, or disputes between citizens of different states.

7. Box 2: Federal vs. State
State courts hear cases involving state laws or the state’s constitution. They also deal with disagreements between citizens of the state. State court cases normally resolve the kinds of issues you hear about in everyday life. For example, topics such as family matters, accidents, crimes, and traffic violations.

8. Box 3: Criminal vs. Civil
Most trials you see on TV involve a person who has been accused of a crime. These types of cases are called criminal cases. A criminal case is any case where the government accuses someone of committing a crime.

9. Box 3: Criminal vs. Civil
Sometimes people have a disagreement that they can’t resolve on their own. In a civil case, one side might feel that the other side has done something wrong, and the trial is about that possible violation of their rights. The goal of a civil case is not to find out whether someone is innocent or guilty, but to decide which side’s version of the story is correct.

10. Box 4: Trial Terms
The trial court is the first court to hear a case. Both the state and federal systems have trial courts. In the Federal system, the trial court is called a District Court.

11. Box 4: Trial Terms
In the trial court, lawyers present evidence, which is used as proof that their client’s side of the story is what really happened. Evidence can be almost anything—witnesses, videos, photographs, a letter, a piece of fabric, or even a murder weapon!

12. Box 4: Trial Terms
In a jury trial, a group of twelve people listens to the evidence and decides who wins the case. The verdict is the decision at the end of the case: guilty or not guilty, but never innocent.

13. Box 4: Trial Terms
In a bench trial there is no jury, so the judge gives the verdict.

14. Box 5-6: Appeal Terms
Losing in the trial court doesn’t mean the case is over. If the losing side thinks there’s been an error, they can ask a higher court to review the verdict and replace it with a different decision. The courts above the trial court are called appellate courts.

15. Box 5-6: Appeal Terms
The federal system and most state systems have two appellate-level courts: a Court of Appeals and a Supreme Court. When you make an appeal, you are asking an appellate court to review a case.

16. Box 5-6: Appeal Terms
Cases are thought of as going “up” through the court system. A trial court decision is brought up to the appeals court; an appeals court decision is brought up to the highest court. Once a case has been heard by the highest court, there is nowhere left to go.

17. Box 5-6: Appeal Terms
Appellate courts review lower courts’ decisions to see if a mistake was made. Because of precedent (not president!), all lower courts must follow an appellate court decision in the future if the same type of case comes up again in the future.
Appellate courts review lower courts’ decisions to see if a mistake was made. Because of precedent (not president!), all lower courts must follow an appellate court decision in the future if the same type of case comes up again in the future.

18. Box 5-6: Appeal Terms
While a trial court only has one judge, most Court of Appeals cases are heard by three judges! When more than one judge listens to a case, the group of judges is called a panel.

19. Box 5-6: Appeal Terms
The judges decide the case by majority vote. There is never a jury at appellate level because a jury’s only job is to look at evidence and decide what happened. In an appellate court, the judges decide if legal errors were made. For the losing side in the Court of Appeals, there is one more chance: the Supreme Court, which is the highest court.

20. Box 8: Supreme Court
At the U.S. Supreme Court, a panel of nine justices hears the cases. The Supreme Court takes requests and chooses which cases to take. Of around 7000 to 8000 case requests per year, typically the court will accept about 80.

21. Box 8: Supreme Court
The Supreme Court most often hears cases about the question “does this law go against the Constitution?” Once the Supreme Court has said something is unconstitutional, that’s it! Only the Court itself can reverse that decision in a later case.

22. Box 8: Supreme Court
This power of deciding what is constitutional is called judicial review. The U.S. Supreme Court has this power over federal laws. State supreme courts have this power over state laws.

23. Box 7: Appellate Court Decisions
Appellate courts can: affirm the trial court’s decision (thumbs up to the trial court) reverse the trial court’s decision (thumbs down to the trial court) remand the case back to trial court (force trial court to do it over)

24. Active Participation Race
Everyone needs to stand up. I will call on you in order. If you can answer, you get to sit down. If not, the person behind you gets to answer. Since all of these questions are two- choice answers, it should be pretty easy for the second person.

25. True or False?
The Supreme Court is a trial court.
the answer F

26. True or False?
There is only one judge in a trial court. T
the answer

27. True or False?
The Supreme Court can strike down an unconstitutional law. T
the answer

28. True or False?
When you first begin a trial, you will be in an appellate court.
the answer F

29. True or False?
A jury decides the case in a bench trial.
the answer F

30. F True or False? The Supreme Court must take every request for a case.
the answer F

31. True or False?
If you break a state law, your case will probably be in a state court system. T
the answer

32. True or False?
The Supreme Court’s power to decide if something is unconstitutional is called judicial review. T
the answer

33. F True or False? It would be easy to prove a case without evidence.
the answer F

34. True or False?
If the Court of Appeals remands a case, that means the court says the verdict was right.
the answer F

35. T True or False? The federal court system was created by Congress.
the answer

36. True or False?
State court systems were created by the Constitution of the United States.
the answer F

37. True or False?
When you ask a higher court to review your case, you are making an appeal. T
the answer

38. True or False?
When the Court of Appeals affirms a case, it sends the case back to the trial court for a do over.
the answer F

39. True or False?
The Supreme Court gets the last word about what the Constitution really says. T
the answer

40. When someone is accused of a crime, the type of case is civil criminal
this or that? 1
When someone is accused of a crime, the type of case is
civil
criminal
If you appeal a case, you are going to
appellate court
trial court
The court that gets to decide what is constitutional
Supreme Court
Court of Appeals

41. If the appellate court thinks a decision was wrong, it will
this or that? 2
If the appellate court thinks a decision was wrong, it will
affirm the decision
reverse the decision
If a group of people gives the verdict after a trial, that trial was a
jury trial
bench trial
A word that means “relating to the rights of citizens”
criminal
civil

42. If an appellate court sends a case back to the trial court, it has
this or that? 3
The Supreme Court has
three justices
nine justices
If an appellate court sends a case back to the trial court, it has
affirmed the case
remanded the case
If you go to the Court of Appeals, you will see
three judges
one judge

43. The decision in a case is called the evidence verdict
this or that? 4
The decision in a case is called the
evidence
verdict
If you break a law of the United States, your case will probably be in
federal court
state court
At trial, lawyers try to prove their case using
an appeal

44. State courts were created by
this or that? 5
State courts were created by
the US Constitution
state constitutions