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The Judicial Branch SS.7.C.3.8: Analyze the structure, function, and processes of the legislative, executive, and judicial branches.
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Learning Goal: Analyze the structure and processes/functions of the judicial branch.
4: I can evaluate the content of specific court proceedings. 3: I can analyze the structure and function/processes of the judicial branch. Structure: how cases move through the level of courts Function/Processes: judicial review, court order, writ of certiorari, summary judgment 2: I can describe the structure and function/processes of the judicial branch Structure: 3 levels of courts Function/processes: Basic powers of the judicial branch 1:I can identify vocabulary words related to the judicial branch. 0: I have no understanding of the learning goal.
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“THE FEDERAL COURT SYSTEM”
The judicial branch is made up of courts that are responsible for interpreting the law. There are three levels of courts: District, Appellate, and the Supreme Court.
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TYPES OF CASES Courts hear two types of cases: civil and criminal.
In a criminal case, a person who is accused of committing a crime appears in a court for trial. Witnesses give evidence and judge or jury decides the verdict (guilty or not guilty). Civil cases occur when two parties have a dispute or disagreement. Each side will present its case and then the court will decide in favor of one side or the other.
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FEDERAL COURT CASES Article III of the Constitution gives federal courts jurisdiction in 8 different kinds of cases. Jurisdiction means a court’s authority to hear a case.
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Federal Judges Federal judges are appointed by the _________ and confirmed by the _____________. Federal judges serve for life. However, judges can be impeached and removed from their position. The Constitution does not name any qualifications for judges, but they have always had legal training.
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District Courts (Lowest Level)
Has original jurisdiction- or the authority to hear cases for the first time. Determines the facts of civil or criminal trials. This is the only level of court where witnesses testify, and juries hear cases and reach verdicts. There are 94 district courts. Every state has at least one, though some states have more. Pensacola D.C.
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Now let’s draw what the inside of a district court might look like!
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CIRCUIT COURT OF APPEALS (AKA APPEALS COURTS)
Has appellate jurisdiction- or the authority to review the fairness of a case from a lower (district) court. A large percentage of people who lose their cases in a district court appeal to the next highest level No trials; judges question the lawyers. Do not decide guilt or innocence, or who should win a lawsuit
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CIRCUIT COURT OF APPEALS (AKA APPEALS COURTS)
Lawyers can appeal a case if: The judge applied the law incorrectly. The judge used the wrong procedure. New evidence turns up. When rights were violated at some point in legal process.
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CIRCUIT COURT OF APPEALS (AKA APPEALS COURTS)
A panel of three or more judges review the record of the case being appealed. An Appeals Court makes decisions by a majority vote and may do one of three things: Uphold original decisions. Reverse that decision. Remand or return the case to the lower court.
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CIRCUIT COURT OF APPEALS (AKA APPEALS COURTS)
There are 12 US Courts of Appeals Appeals courts have from 6-28 judges Florida is in the 11th Appeals Circuit, a particular geographic area There is a 13th Appellate Court, The Court of Appeals for the Federal Circuit, which has nationwide jurisdiction.
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Now let’s draw what the inside of an appellate court might look like!
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SUPREME COURT (HIGHEST COURT)
Judges who serve on the Supreme Court are called justices. There are 9 justices on the Supreme Court. The justices get to choose which cases they hear.
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SUPREME COURT The Supreme Court has limited original jurisdiction, but most cases the Supreme Court hears have been appealed from lower courts. Judges ask lawyers questions. The decisions of the Supreme Court are binding in all cases and is the final authority in every case.
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Now let’s draw what the inside of the Supreme Court might look like!
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Let’s compare and contrast your drawings.
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Scenario: You just got an email from your friend Gabby. She is furious
Scenario: You just got an from your friend Gabby. She is furious! She just lost her case in a trial- the judge found in favor of the other side! Gabby says that she wishes there was something she could do about it, but she doesn’t know what to do next. Write her back with information about the appeals courts and the Supreme Court. Be sure to include specific information so that she knows what will happen at those courts!
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Learning Goal: Analyze the structure and processes/functions of the judicial branch.
4: I can evaluate the content of specific court proceedings. 3: I can analyze the structure and function/processes of the judicial branch. Structure: how cases move through the level of courts Function/Processes: judicial review, court order, writ of certiorari, summary judgment 2: I can describe the structure and function/processes of the judicial branch Structure: 3 levels of courts Function/processes: Basic powers of the judicial branch 1:I can identify vocabulary words related to the judicial branch. 0: I have no understanding of the learning goal.
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Court of Appeals Supreme Court 9 justices B. Get to choose cases C. 3 judge panel D. Judges ask lawyers questions E. There is no jury F. Must take all cases
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