1. T.L.O. vs. New Jersey Read the background summary of the case
Answer the 5 questions on the back based on your understanding of the 4th amendment and the facts in the case.

2. The Judicial Branch

3. Judicial Branch
Where would we find the specific functions of this branch?
Article III
What is the difference between state and federal courts?
State Law vs. Federal Law
What types of jurisdiction are there?
Concurrent, Original and Appellate jurisdiction

4. Constitutional vs. Legislative Courts
The Constitution created the Supreme Court, but Congress has used its authority to establish lower Federal Courts – Constitutional and Legislative
Constitutional Courts- created based upon what is written in Article III of the Constitution
Legislative Courts- created based upon the needs of Congress

5. Federal District Courts Federal Courts of Appeals
CONSTITUTIONAL
3 Types of courts:
Federal District Courts
Federal Courts of Appeals
Court of International Trade
Two types of juries:
Grand Jury- Indictments
Petit Jury- Trial Jury
3 options for an Appeals Court:
Uphold original decision
Reverse the decision
Send the case back to the lower court to be tried again
LEGISLATIVE
Court of Federal Claims- Federal government owes you something
Tax Court- tax issues
Court of Appeals for the Armed Forces- Handle appeals for military
Territorial Courts- issues involving U.S. territories
Courts of D.C.- Serve as the courts for Washington, D.C.
Court of Veterans’ Appeals- Handle appeals for Vets
Foreign Intelligence Surveillance Court- Issue warrants involving the spying

6. The Supreme Court
I. Supreme Court Justices
A. Congress sets the number of Supreme Court justices.
1. It has been nine since 1869.
B. The Court consists of eight associate justices and one chief justice.
C. Supreme Court Justices serve for life once appointed.
1. Congress may remove justices by impeachment for treason, bribery,
or other high crimes and misdemeanors.
D. The justices’ duties are not defined in the Constitution but have evolved
from laws and through tradition, according to the needs of the nation.

7. Clarence Thomas
G. Bush
John Roberts
GW Bush
Anthony Kennedy
Reagan
Ruth Bader Ginsburg
Clinton
Stephen Breyer
Clinton
Sam Alito
GW Bush
Sonia Sotomayor
Obama
Elena Kagan
Obama
Neil Gorsuch
Trump

8. The Supreme Court II. Appointing Justices
A. Justices are appointed by the president and must be approved by the Senate;
in the twentieth century most nominees were confirmed.
B. Political considerations often play a major part in presidential appointments
to the Court. Members of the presidents’ own party usually are named if
their prospects of winning Senate approval are good.
C. The American Bar Association, a national organization in the legal
profession, has played an important role in the selection of justices by rating
nominees’ qualifications.
D. Interest groups such as organized labor, civil rights groups, and the National
Organization for Women attempt to influence Senators’ voting on nominated
justices.

9. Supreme Court at Work I. The Court’s Procedures
A. During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions.
B. The justices consider arguments in cases they have heard and petitions from plaintiffs, and then write opinions for cases they have decided.
C. Justices’ written opinions interpret the law and help shape public policy.

10. II. How Cases Reach the Court
A. The majority of referred Court cases concern appeals from lower courts.
B. Most appeals concern cases in which a lower state or federal court has ruled laws unconstitutional.
1. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final.
C. Most cases reach the Court by writ of certiorari, in which either side petitions that a lower court’s decision involved an error raising a serious constitutional issue.

11. III. Steps in Deciding Major Cases
A. Each side submits a brief detailing legal arguments, facts, and precedents.
B. Lawyers for each side make oral arguments during which justices may ask questions. Each side gets 30 minutes to make their oral arguments
C. Justices meet in secret to decide on cases. Justices vote to decide each case, majority wins.

12. Opinions
Unanimous – all nine justices agree on the decision (Brown v. Board) 9 – 0
Majority – one justice on the “winning” side writes to express their opinion
Concurring – one or more justices agree with the majority opinion but for a different reason
Dissenting – one justice on the “losing side” writes to express their opinion. Why is this opinion important?