Judicial Branch { 11/11 11/14
What Supreme Court case desegregated American schools by striking down the separate, but equal doctrine? Brown v. Board of Education (1954) Warmup
Warmup Supreme Court PPT & Notes Test November 15 th (B Day) & 16 th (A Day) Agenda
The establishment of the federal court system is found in Article III of the Constitution Section 1 = Judicial power lies within the Supreme Court and lower courts Judges need to be on good behavior Section 2 = Judicial review extends to the Constitution, US laws, ambassadors, and treaties. They do not try impeachment trials. Section 3 = Congress deals with treason against the United States The Constitution
Justices are appointed for life (with good behavior) Appointed by the president Confirmed by the Senate Supreme Court
The Supreme Court has nine justices, including one Chief Justice *Judge Antonin Scalia deceased *President Obama nominated Judge Merrick Garland to replace him Supreme Court *Senate has not confirmed yet Do Your Job
The Supremes < Republican Democrat > West Wing
Judicial review = Marbury v. Madison (1803) Supreme Court can review laws passed by Congress and the President as constitutional or not Plain text reading = also called original intent Justices should interpret the Constitution as it was created in its original form Living Constitution = the Constitution is dynamic and modern society (culture) must be considered when interpreting key constitutional texts Living Constitution
Rule of Four = if 4 out of the 9 justices agree that a case has merit, they will schedule time to argue the case The Supreme Court typically only hears about 100 cases a year They receive around 7,000! The Supreme Court DOES NOT take into account how long a case has been waiting to be heard Rule of Four
Majority Opinion = a document that provides the opinion of more than half of the justices Dissenting Opinion = a document that illustrates the judges disagreement with the majority opinion Concurring Opinion = a document that provides the opinion of judges who agree with the majority ruling, but for different reasons Stare Decisis = Latin term, let the decision stand Supreme Court Decisions
Appeals, appeals, appeals You don t like the outcome of your case in a lower court? Appeal to a higher court (file petitions, send documents/transcripts, etc.) all the way up to the Supreme Court The only time it won t get to the Supreme Court is if you appeal it within county court system If you get arrested, and you don t like the outcome, you can still appeal it, but within the confines of the county court system Steps to the Supreme Court
Civil Trial Court = courts that settle conflicts between people and/or institutions (businesses) Criminal Trial Court = the government brings a case against an individual who has broken the law Appellate Court = court of appeals Trial court > appellate court > Supreme Court Military Court = only deals with members of the armed forces, can deal out punishments Types of Courts
1) Initial Appearance 2) Arraignment 3) Trial 4) Sentencing 5) Appeals Trial Steps
Initial appearance = Defendant s first appearance in court where they are advised of the charges against them Defendant = the person accused of doing something wrong Given a public defender if the defendant cannot afford a private attorney Public defenders are attorneys who work for the state Initial Appearance
Arraignment = the defendant appears in court to enter a plea (guilty/not guilty) Smaller courts can combine the initial appearance and the arraignment into one session Plea Bargain = a defendant can agree to plead guilty to a lesser charge against them and the prosecutor agrees to: Drop one or more charges Ask the judge for a reduced jail/probation sentence Reduce the severity of the charges Arraignment
If a defendant pleads not guilty, a trial is held The judge or a jury can hear evidence on the charges and decide if the defendant is or is not guilty Prosecutor = A lawyer who conducts the case against a defendant in a criminal court Can represent the local/state/federal government Plaintiff = A person who brings a case against another person in court Grand jury = a legal body that is empowered to investigate potential criminal conduct and determine if a defendant needs to go to trial Trial
A grand jury is a group of people a prosecutor will gather to determine if there is enough evidence of criminal activity to go to trial in the first place (12-23 people) A jury is the group of people who listen to the whole trial (6-12 people) Grand Jury vs. Jury
6 th Amendment = the right to a trial by a jury of your peers Jury qualifications: 1) Be a United States citizen 2) Be at least 18 years old 3) Reside primarily in that judicial district for a year 4) Be adequately proficient in English to complete the juror qualifications form (does NOT have to be your first language!) 5) Have no disqualifying mental or physical condition 6) No pending felony charges 7) Never been convicted of a felony (unless your civil rights have been legally restored) Jury selection process = voir dire (to tell the truth), judges and attorneys for both sides ask potential jurors questions to determine if they are suitable to hear that case Jury Selection
The defense gets to decide if they want a trial by a judge or a jury Jury selection Evidence admittance/exclusion Opening statements (plaintiff and defense) Prosecution presents its case Cross examination = the defense can ask the prosecution s witnesses any relevant questions Prosecution rests Motion to dismiss (optional) = if the defense believes the prosecution does not have evidence to support a guilty verdict, they can ask the judge to dismiss the case Trial - Part 2
Defense presents its case Cross examination by prosecutor Defense rests Rebuttal = the prosecutor can offer more evidence to refute the defense s case Jury instructions by the judge Closing arguments (prosecution first, then defense) Jury deliberations Sentencing Trial Part 3
If a defendant is found guilty, the court imposes the appropriate sentence (punishment) Jail Probation Sex Offender Registration Fines Community Service Mandatory counseling Restitution (paying for damages) Sentencing
Appeal = an application to a higher court for a reversal of the lower court s decision Decisions can be appealed all the way up to the Supreme Court Gideon v. Wainwright Appeals
Writ of assistance = if a lower court needs help on determining a point of law, they can ask for help from the Supreme Court by filing this form Writ of certiorari = when the Supreme Court decides to argue a case, they ask the lower courts to send up all documents related to the case with this form Writs
This activity requires 3 things: Reading the Background Essay (highlight important stuff) Answer the Comprehension and Critical Thinking Questions on a separate sheet of paper Answer the Handout B and Handout C Questions with a partner Are They Watching You? Activity