APGov Unit 2 Part 3: The Judicial Branch Workbook #2

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Esther Hicks
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1 /15 Workbook Score: /10 Notes Score: Weeks: 1 Name Date Period APGov Unit 2 Part 3: The Judicial Branch Workbook #2 /25 Total Score Objectives: These are the key concepts that you must be able to answer after Unit 2 Part 3. Explain why the American judicial system is called an adversarial system. Identify the major actors in the judicial system and explain their functions and responsibilities. Describe the functions of federal district courts, courts of appeals, and the U.S. Supreme Court. Summarize judicial selection procedures for federal judges and justices. Discuss the backgrounds of judges and justices. Describe the role of the courts as policymakers. Summarize procedure in the U.S. Supreme Court, including the discuss list, oral argument, the conference, and opinion writing. Explain the importance of opinion writing at the Supreme Court level and describe the different types of opinions. Identify factors used by the Supreme Court in deciding which cases to accept for review. Analyze the contrasting positions of judicial restraint and judicial activism. Trace the historical evolution of the policy agenda of the Supreme Court. Examine the ways in which American courts are both democratic and undemocratic institutions. Chapter 16 Vocabulary: Standing to sue, class action suits, justiciable disputes, amicus curiae briefs, original jurisdiction, appellate jurisdiction, district courts, courts of appeal, Supreme Court, senatorial courtesy, solicitor general, opinion, stare decisis, precedent, original intent, judicial implementation, judicial review, judicial restraint, judicial activism, political questions, statutory construction (21) Homework Assignments: Chapter 16 Materials Vocabulary Notecards and Quiz Due: Textbook: The Federal Courts (pp ) and Quiz Due: Unit Reader: Democracy in America, The Other America, Lockout, The Federalist 78, and The Dynamic Constitution and Quiz Due: SCOTUS Cases (green cards): Immigration and Naturalization Service v. Chadha, United States v. Nixon, Clinton v. New York City Extra Unit Practice: 5 Steps to a 5 Chapter 14 Unit 2 Test Unit 2 Part 3 Guided Reading Point Matrix: 5 points. 3 points. Chapter 16 The Judicial Branch Status/Point Value Unit 2 Part 3 FRQ Creation Unit 2 Part 3 Arch Question

2 Unit 2 Part 3 General Problem Sets: Answer these on this sheet of paper unless otherwise noted. Chapter 16 Key Concepts 16.1 The Nature of the Judicial System 1. Describe criminal law and give an example of a case that would fall under this title. 2. Describe civil law and give an example of a case that would fall under this title. 3. What are two differences and two similarities between the different types of law? Differences: Similarities: 4. Who are the following characters in the judicial system: Litigants Groups friends of the court Attorneys 5. What does standing to sue mean? Can anybody sue anybody in this country? Explain The Structure of the Federal Judicial System 1. What is jurisdiction? 2. Describe the differences between original and appellate jurisdiction. 3. Complete the following table on the structure of the federal judicial system. Court # of courts # of judges Jurisdiction Description of Court District Courts Courts of Appeal

3 The Supreme Court 4. What kinds of cases does the Supreme Court hear? Why? 5. What makes the Supreme Court unique amongst other Federal courts (hint: look in Art. III) The Politics of the Judicial Selection AND The Backgrounds of the Judges and Justices 1. What is senatorial courtesy? 2. Explain how a president nominates a Supreme Court justice. 3. How does the confirmation process work for the Supreme Court? Investigation Lobbying by interest groups The senate committee hearings and senate vote 4. Describe each of the six nomination criteria and explain how this criteria can affect the choice of nomination (might need to look some of these up if you cannot render them from the reading): Competence Ideology/policy preferences Rewards

4 Pursuit of political support Religion Race/ethnicity/gender 5. Present a demographic profile of the typical federal judge The Courts as Policy Makers 1. How has the content of the Court s docket changed from the 1930s to the 1960 s? 2. Describe the following terms Writ of certiorari substantial federal question 3. Outline the two steps in the certiorari process: 4. What is the rule of four? 5. Describe the five tasks that Supreme Court clerks perform:

5 6. Describe the characteristics of the type of case the Supreme Court hears: 7. Elaborate on the reasons the high court only hears these types of cases. 8. Who is the solicitor general and what is amicus curiae brief? 9. Who can be a friend of the court? 10. How do interest groups play a role in the court system? Is this similar to an iron triangle? 11. What important functions do oral arguments serve? 12. What is the difference between a majority opinion, a dissenting opinion, and a concurring opinion? Majority opinion- Dissenting opinion- Concurring opinion The Courts and the Policy Agenda 1. Read The Supreme Court is Closer Than You Think on pg. 528 and answer the following questions: Why do you think cases involving young people tend to involve civil liberties issues? What other issues of particular importance to young people should the Supreme Court decide?

6 2. Describe how the following courts defined American Constitutional law: The Marshall Court The Hughes Court (Nine Old Men) The Warren Court The Burger Court The Rehnquist Court The Roberts Court (use the internet, not in your book) 16.7 Understanding the Courts 1. Explain how the undemocratic federal court works within our democratic system of government. 2. Explain the following two terms and how they relate to policy creation: Judicial restraint Judicial activism o Relation to policy creation 3. Do you think the Supreme Court has too much/little power? Support your answer with details from the Chapter/notes/etc.

7 Unit 2 Part 3 FRQ Creation: Create an FRQ based on the following political cartoon. The FRQ must have a minimum of 3 action verbs that require you to complete three different objectives and must contain a minimum of five vocabulary terms from the Unit. Include the answers to the FRQ as well. APG Unit 2 Part 3 Arch Questions -Putting it all Together Directions: Use the information that we have covered in Unit 2 Part 3 to answer the following questions. You will randomly present these responses to the class. 1. If it was not for Judicial Review, how would the High Court hold power over the other two branches? (be specific) 2. Should justices be held to a higher standard than regular politicians? Explain why. 3. How can a ruling (like in Buck v. Bell) change the course of American history? What other court cases can we look at that cause a major shift of course in American history?

The Federal Courts. Chapter 16

The Federal Courts. Chapter 16 The Federal Courts Chapter 16 The Nature of the Judicial Introduction: Two types of cases: System Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: