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Published byRegina Quinn Modified over 6 years ago
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Bell Ringer What is the purpose of the judicial branch?
List 5 facts you already know about the judicial branch What is 1 question you have?
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Bell Ringer Do you think justices should take public opinion or their own political views into account when deciding court cases? Why/why not?
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Textbook Assignment Take out Federal Court System Packet
Reading is posted on my website—must do the vocab! Quiz on Mon. 4/24 (A Day) or Tues. 4/25 (B Day)
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Bell Ringer What is an opinion, as it pertains to the Supreme Court?
What is the majority opinion? What is the concurring opinion? What is the dissenting opinion?
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The Judicial Branch The Basic Structure
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Vocabulary Practice! Inferior Courts Plaintiff Original Jurisdiction
Docket Redress Criminal Case Exclusive Jurisdiction Courts-martial Majority Opinion Civil Case Certificate Civilian Tribunal
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Concurrent Jurisdiction
Vocabulary Practice! Jurisdiction Concurrent Jurisdiction Defendant Appellate Jurisdiction Writ of certiorari Precedent Concurring Opinion Dissenting Opinion Civilian Tribunal Judicial Restraint Judicial Review Judicial Activism
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The Role of the Judicial Branch
To interpret and define law Hearing individual cases Deciding how the law should apply
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Creation of a National Judiciary
Problems with the Articles of Confederation and the courts No national courts Interpretation left to states Internal disputes difficult to solve Article III of the Constitution creates “one supreme court, and such inferior courts” Congress creates the system underneath Supreme Court – inferior courts
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Types of Federal Courts
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Federal Court Jurisdiction
Article III, Section 2 of the Constitution provides that the federal courts may hear a case because of either: 1) the subject matter 2) the parties involved in the case Subject Matter Parties Involved U.S. Const., Federal Law or Treaty Admiralty Law (on sea or U.S. water) Maritime Law (matter on land, but directly relate to water) U.S. official or agency Ambassador or foreign official State is suing or being sued Citizens from different states U.S. citizen suing foreign govt. Citizens of same state, but land dispute is in another state
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Federal Court Jurisdiction
Remember federalism! Federal courts = federal law State courts = state laws VS.
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Types of Jurisdiction Jurisdiction – the authority of a court to hear (try and decide on) a case 4 Types of Jurisdiction: Exclusive Jurisdiction – only federal court has authority to hear, state court cannot (ambassadors) Concurrent Jurisdiction – federal or state court could hear (ID resident sues company in FL) Original Jurisdiction – court is the first one to hear a case Appellate Jurisdiction – court can only hear a case on appeal What makes the Supreme Court so special? Able to have both original AND appellate jurisdiction!!
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Appointment, Term & Salary
President nominates someone to become a judge Senate majority vote confirms Senatorial Courtesy Term Judges of Constitutional Courts serve for life Resign, retire, or die Removed by impeachment Judges of Special Courts not appointed for life Salary Congress sets (currently $199,000) Retirement Oliver Wendell holmes (oldest justice—90)
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Judicial Restraint Vs. Judicial Activism
Judges should not use own beliefs when interpreting the Constitution Not trying to make policies Instead, look at other branches and states to make laws Must stay within limits of powers Views of Same-Sex Marriage? Justices should reinterpret Constitution and laws as society changes Look at needs of society when other branches/states are not meeting needs Independent policy makers Views of legalizing marijuana?
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SCOTUS Research Get into your assigned groups!
Using the back of the worksheet and your cell phones, research the SCOTUS Justice you have been assigned All research must be complete by next class…use your time wisely!
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