Bell Ringer Questions pages 506-509

1) How does the USA have a “dual court system”?

2) How did the Articles of Confederation inspire the creation of a national court system?

3) What are “inferior courts”? 4) What are the the Federal Special Courts? 5) What is the difference between exclusive

and concurrent jurisdiction? 6) What is the difference between original

and appellate jurisdiction?

Review Assessment—Day 1

Common Formative Assessment!=QUIZ You will have 7 minutes to complete the CFA. When you are finished, turn it over on your desk

and sit silently. DO NOT TURN IT IN THE BASKET!!

Order in the Courts

Judicial Branch Basics

Before the Constitution was written, each State was interpreting laws for itself. Confusion from one state to the next emphasized the need for a national court system.

The judicial branch was created to interpret laws according to the Constitution.

Supreme Court Justices –

Supreme Court justices are appointed (assigned) by the President with Senate approval.

Supreme Courts Justices are appointed for LIFE.

Supreme Court Justices--Qualifications

Are there qualifications to be a Justice? Do you have to be a lawyer or attend law school to be a Supreme Court Justice?The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship.

A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law. Many of the 18th and 19th century Justices studied law under a mentor because there were few law schools in the country.

Supreme Court--Qualifications

The last Justice to be appointed who did not attend any law school was James F. Byrnes (1941-1942).

He did not graduate from high school and taught himself law, passing the bar at the age of 23.

Judicial Branch and the Judge

It is a Judges role to be a unbiased in making decisions between two parties.….and to interpret the laws as they were written.

Meet the U.S. Supreme Court Judges

The Constitution (Article III) provides for:• the federal courts• the state courts

The Supreme Court is the highest court of law in the U.S. It oversees the entire judicial system, though the great bulk of cases still begin and end in the state courts

Judicial Branch Basics

The authority of a court to hear (to try and to decide) a case.

Jurisdiction

Types of Jurisdiction

exclusive jurisdiction - cases can only be heard in federal courts.

concurrent jurisdiction - cases may be tried in a federal court or a State court.

original jurisdiction - A court in which a case is first heard

appellate jurisdiction - A court that hears a case on appeal from a lower court

Supreme Court’s Jurisdiction

• MOST of the time, the Supreme Court hears cases on appeal.

Supreme Court only has original jurisdiction in:1. cases affecting ambassadors and other

diplomats2. cases in which a state is a party3. Civil liberties and equality

For Example: Kentucky and Indiana are tangled in a dispute over which state should receive the income taxes from the riverboat casinos drifting on their Ohio River border.

What’s an Appeal?

If due process is not followed for an individual, the best legal recourse is to appeal to a HIGHER court.

An appeal is an investigation to see if the trial court made any legal errors in handling its decision. The appeals may base their review only on the materials and evidence used in the trial. If errors are indeed found, the appeals court may overturn the decision and you get a new trial.

Understand an your appeal IS NOT a new trial.

Supreme Court

Jurisdiction – Federal v. State

US Courts of Appeals

US District Courts & Special Federal

Courts

State Supreme Courts

Intermediate Courts of Appeals

State Trial Courts

Federal Courts State Courts

Activity 2: Sheppard v. Maxwell

Review the case of Sheppard v Maxwell and complete the questions.

Sheppard v. Maxwell- Discussion Questions

• How many levels of state courts dealt with the Sheppard case? Which one had original jurisdiction?

• How many levels of federal courts dealt with the Sheppard case? Which was the court of last resort?

• Did the judicial system ensure justice in the Sam Sheppard case? Explain your answer.

Jurisdiction – Federal v. StateState Jurisdiction

(most cases start here!)Federal Jurisdiction

Concurrent Jurisdiction

-Crimes punishable under both state

and federal-Environmental

regulations-Civil rights claims

-Class-action lawsuits

-Issues involving Constitution

-State law-Traffic violations-Divorce/child custody-Landlord/tenant disputes-Most personal injury lawsuits-Inheritance matters-Issues about regulation of various professions

-Federal law -Treaties with foreign nations -Bankruptcy -Admiralty and maritime law -Foreign diplomats or foreign governments -Two or more state governments -The United States government -Citizens of different states -A state and a citizen of a different state -Land grant claims of different states

Jurisdiction – Civil v. Criminal

Criminal cases refer to acts that Congress has declared a crime that is violent.

ex: bank robbery, murder, assault Usually, crimes that are violent or involve some kind

of threat. Who prosecutes? - government v. individual Punished by jail, heavy fines, probation, etc.

Civil cases refer to disputes over nonviolent matters. ex: contract dispute, bankruptcy, divorce,

counterfeiting Civil law is concerned with rights and responsibilities

of people in their dealings with each other.. Who prosecutes does not necessarily include

government Punished/settled through money or injunctions (ex-

restraining order)

Jurisdiction – Civil v. Criminal

Civil Trial Example – Judge Judy

Have any of this man’s constitutional rights been violated?

Who makes the best argument in this case?

PLC

The video is on share point to show the difference between a civil and criminal trial.

Exit Slips:X1: If due process is not

followed for an individual and they receive an unfair trial,.

what is the next legal option the individual could take?

 X2: Compare and Contrast a

Civil and Criminal trial?