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Announcement
Introductory Presentations for Research Proposal will be next week:WEDNESDAY 2/18 or THURSDAY 2/19 (block days)
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Intro Presentation GuidelinesYou will give a five minute oral presentation to your classmates, which may include an electronic element (such as a Prezi or PowerPoint) as support. This presentation is expected to be an overview of your research topic, including the different views on the topic and the stance you will be taking as you move forward with your research. We understand that you may change your stance as you acquire more information, but we want background for subsequent stages.
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For Today…
1. Review Foreign Policy stations
2. Begin working on speech
3. Begin working on Supreme Court Case project
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For Today…
1. Work on Supreme Court Case Project Assigned cases with your research project group Due week of 2/23 Look through the samples- but do not copy! Help your classmates out!
2. Other option: work on intro. presentation Present on block days
Tomorrow: Judicial Branch
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Reminders
Supreme Court Case project Due week of 2/23 One page with all necessary information Make it look nice!
Intro presentation on block days 5 minutes Both sides to the issue, your stance
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Current Events
ISIS Obama asked for permission to continue
airstrikes in Iraq and Syria Proposal: President can use military force
against ISIS for 3 years- doesn’t mean combat troops Could send in Special Ops
Rep- some wish he would allow ground troops
Dem- some think he went too far by asking for permission to send in forces under certain circumstances
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THE JUDICIAL BRANCH
Who is included in the Judicial Branch?Chapter 7
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Imagine a society without rules…
In about 1-2 GOOD paragraphs, imagine a society without rules or laws. Compare and contrast it with our society of today. How would it be different? Potential Problems/Advantages Impact on individuals, society as a whole,
government, etc.
Be prepared to discuss with the class
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Equal Justice Under The Law
All people are created equal…thus, our judicial system protects citizens under a set of laws/rules
Laws define OUR rights and freedoms
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Why do we have laws?
Laws promote the common good, protect you physically and personally, protect your rights, and set limits on behavior
Questions as to where our rights end due to infringing on others Freedom to play music v. Neighbor’s right
to enjoy peaceful surroundingsThis was a recent case!
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What are the differences between civil and
criminal laws?
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Civil v. Criminal Law
Disputes between people ($)
Judge and/or jury listen to arguments of both sides (facts of the case)
Settles personal issues
Defines crimes Behaviors that are
illegal because society finds it to be harmful
Outlines trial/punishment
Protect society as a whole
Civil Law Criminal Law
QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?
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A person who is hurt in a car accident sues the driver of the other car
A worker sues his employer after the worker hurts his back at work and can never work again
Drunk driving Murder Arson Selling illegal
drugs
Civil Law Examples Criminal Law Examples
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OJ Simpson’s Trial(s)
Trial for murdering Nicole Brown and Ron Goldman
First trial was a criminal trial (murder trial) Acquitted- needed to be found guilty beyond a
reasonable doubt Innocent until proven guilty Could not face another criminal trial for same crime-
WHY?
Families then filed a civil suit (wrongful death trial) Finding: wrongfully caused his wife's death by a
"preponderance of the evidence” $25 million in damages
People of the State of California v. Orenthal James Simpson
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Civil or Criminal Law?
A landlord is having a disagreement with
his tenant over noise complaints
A landlord accuses his tenant of theft for
stealing objects from the main lobby
A divorce proceeding
A woman accuses her neighbor of assault
A child custody proceeding
Civil
Civil
Civil
Criminal
Criminal
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Block Day
Introductory Presentations You will receive a grade for the
presentation (30 points) as well as a class participation grade (10 points)
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Judicial BranchWrite down (in complete sentences) 5 facts about the judicial branch
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Remainder of Class
Work on Supreme Court Case project on laptops Due next Friday
Look at the samples Remember to make it look nice!
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Outline for the next weekSubject to change
Monday 2/23- Finish presentations, finish 7.1 notes
Tuesday 2/24- Start 7.2 notes Wednesday 2/25- Writing Center- SC justice
activity, finish SC case project Thursday 2/26- Library- SC justice activity
due, Current Events Friday 2/27- SC case project due, CE due,
discussions
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Presentation Comments
Good discussions
Good PowerPoints Limit amount of writing Try not to read word-for-word Eye contact with audience!!
Presentation should be well rehearsed
Should show a deep understanding of the topic
Length of presentation!
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Sources of the Law
Principles of Laws are set forth in the Constitution
Four principal types of law: Statutory Common Administrative Constitutional
Constitutional Law is the supreme law of the land
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Statutory Law
Laws passed by lawmaking bodies are known as statutes (written laws) Can be passed by Congress, state, or local gov’t
Most criminal laws and many civil laws fall into this category
Usually represent the majority rule, so they can change over time through the adoption of a new law
QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?
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Common Law
We cannot have a statute for every type of wrongdoing in our society…just imagine how long that list of laws would be Thus, courts often need to make decisions based off
common sense, traditions, and past decisions…this practice is known as common law
Precedent: Earlier Decision Often, judges will use precedent to help them make
decisions in court cases Over time, the ruling becomes a customary law
(common law)QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?
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Common Law Example
Before automobiles became a major form of transportation, there were no laws about driving them. If an automobile ran into a horse and wagon, the driver of the automobile might argue that the case should be dismissed.
The judge might reply that there is an established principle that people cannot use their property to injure others. The judge would apply tradition and common sense in such a case.
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Administrative Law
Administrative laws are created by government agencies/commissions and not official legislatures
Many of these laws affect our daily lives, much like statutory laws, since the agencies are overseeing some aspect of our societyQUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE
LAW?
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Administrative Law Example
Consumer Product Safety Commission (CPSC) uses administrative law when it rules that a particular toy is unsafe and must be taken off the market immediately
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Constitutional Law
SUPREME LAW OF THE UNITED STATES
Based on the Constitution and how the Supreme Court interprets the Constitution Example: 6th Amendment’s right to
“assistance of counsel” for their defense and the SC interpretation that states must give free legal aid to those unable to afford a lawyer (Gideon v. Wainwright)QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL
LAW?
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The Role of Courts
Cases can be people v. people; people v. government; government v. government
In a criminal case, it is society v. individual Society represented by attorney for
government (often the District Attorney)
In civil dispute, both sides have options of having an attorney or representing themselves
Ie: The State vs. Casey Anthony
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Trial Rights
Criminal Case Accused have right to attorney, right to
confront accuser, and right to a jury Always presumed to be innocent…job of
accuser to prove “beyond a reasonable doubt” that the person is guilty
Right to appeal if convicted Appeal: process by which the person asks a
higher court to review the result of the trial Higher court may change ruling Appeal process ensures trials are decided fairly
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Key Definitions
Jurisdiction: Extent or scope of authority that a court has to hear and decide a case that has properly been brought before it
Original Jurisdiction: authority to hear and decide a case for the first time
Appellate Jurisdiction: authority to review decisions made by lower courts
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THE FEDERAL COURT SYSTEM
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Review
What are the 4 principle types of law? Statutory- written law; set forth by a
lawmaking body Common- established by past
precedent, tradition, common sense Administrative- established by an
independent agency Constitutional- supreme law of the land;
established by the constitution
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The Federal Court System
THE SUPREME COURT
U.S. COURT OF APPEALS
U.S. DISTRICT COURTS1
2
3
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U.S. District Courts
Set up by Congress
Federal District Courts Lowest level of US federal courts Trial courts for original jurisdiction (no appeals in
district courts) Only federal court in which jury trials are held 94 Total in United States (each state has at least
1) 3 District Courts in PA
*Formal name is “US District Court for…(the Eastern District of PA)
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Add this to your notes!
Review: what is jurisdiction? Extent or scope of authority that a court
has to hear and decide a case (aka: what cases the court can hear)
The district courts have original jurisdiction over: Civil actions arising under Constitution Civil actions between citizens of different
states Criminal prosecutions brought by the US Civil actions in which the US is a party
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District Judges
Federal District Judges are appointed by the President and get approved by Senate Can only be removed via impeachment by
Congress
Trial judges that oversee civil and criminal trials Apply the law to the facts of the case Can be with or without juries Decides punishment in criminal cases
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US District Judge for the Eastern District of PA
Includes Chester County
Petrese B. Tucker Nominated by
President Clinton in 1999 and confirmed by the Senate
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U.S. Court of Appeals
Losing party in district court has right to appeal US Court of Appeals reviews decision by lower courts
(Appellate Jurisdiction)
12 Judicial Circuits PA in judicial circuit 3, along with New Jersey &
Delaware
Each court of appeals will have anywhere from 6 to 28 judges Longest serving member under 65 years of age is the
senior judge
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U.S. Courts of Appeals
Which circuit is the largest? The smallest?
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Process of Court of Appeals
Losing party appeals
Panel of at least 3 judges examines records of district court and hears arguments from both sides
Do not decide guilt, but rather if the trial was fair and law was properly interpreted
Majority vote for decision
May be sent back to new trial in district court (remand) or uphold the court’s decisions This may get appealed again to the Supreme Court
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Check Yourself: Trial Court or Court of Appeals?
Jury
Oral argument
Affirm, reverse, remand
Testimony
Evidence
Panel Review
APPEAL
TRIAL
APPEAL
TRIAL
TRIAL
APPEAL
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The Supreme Court
Highest court of the United States Consists of nine justices, appointed for life Chief Justice is the principal judge on the
case Today: John Roberts
Reviews cases that have been tried in lower federal courts and in state courts most of the time
3 Exceptions for SC original jurisdiction1. Diplomats from other countries2. Cases between states3. State v. Federal Gov’t cases
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Supreme Court Justices: Qualifications
What qualities should a Supreme Court justice have?
Which do you believe are required by the constitution?
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Qualifications
No Special Requirements None granted by constitution
President usually considers recommendation and evaluation of the American Bar Association’s (ABA’s) Standing Committee. They list the following suggestions: Member in good standing in the state bar for at least 5 years Practicing trial attorney and/or trial judge for at least 12 years Competent citizen of good character, integrity, reason,
intelligence, and judgment Distinguished accomplishments Required to be a legal scholar
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Qualifications
Appointed by President, approval by Senate Appointed for life
Removal by resignation, death, or impeachment only
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Supreme Court Justices: Age No minimum or maximum age
Most nominees are under age 60. Why? Most are in their 40s or 50s when appointed
Youngest justice appointed was Joseph Story at age 32 in 1812
Oldest justice appointed with Charles Evan Hughes at age 67 in 1930
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Supreme Court Justices: Gender To date, there have been 112 justices
(including 17 Chief Justices)
108 have been men; 4 have been women
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Supreme Court Justices: Number Review: how many justices are on the Supreme
Court? 9
Constitution doesn’t require a maximum/minimum Judiciary Act of 1789 set the number at 6 Congress raised it to 9 in 1837
Which president bumped the number to 12 with his court packing plan? FDR- wanted 15 justices Congress said no
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Sonia SotomayorObama, 2009
Stephen BreyerClinton, 1994
Samuel Anthony Alito JrW. Bush, 2006
Elena KaganObama, 2010
Ruth Bader GinsburgClinton, 1993
Anthony KennedyReagan, 1988
John RobertsW. Bush, 2005
Antonin ScaliaReagan, 1986
Clarence ThomasBush, 1991
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Discussion Questions (this is on the next page in your packet)
Do you think we should set qualifications for Supreme Court Justices? Why or why not?
Should Supreme Court Justices be appointed for life? Why or why not?
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Wednesday 2/25
Writing Center You will be gathering information on the Supreme
Court justices and filling in the graphic organizer This will be checked Thursday in class
Other option: work on Supreme Court case project Due Friday One page- be creative!
Tomorrow: Head straight to the library classroom!
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Thursday 2/26
Find a current event (must be from 2015) on one of the following topics: ISIS Immigration Act Russia v. Ukraine
Form is on my webpage **writing discussion questions
Be prepared to discuss this in class tomorrow
Due FRIDAY Reminder: Supreme Court Case project due
tomorrow as well
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Friday 2/27
Looking ahead…Chapter 7 test on 3/6 or 3/9
Next step in research project Due Friday 3/6
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Next Step in Research Project Check-in on Friday 3/6“The check-in will utilize a submission of your research to date. This check-in is merely a way for us to ensure good research techniques are being used throughout the process. This check-in will include a preview of your annotated bibliography and fact sheet on governmental actions. Insufficient progress may require an additional submission.”
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Annotated Bibliography
When you hand in the final bibliography, you should have at least 8 sources, including 2 that outline opposing views to your stance. You should have multiple sources that focus on each branch of government, other actors (NGOs, special interest groups), and public opinion on the issue.
Must use MLA format and each annotation
should include a paraphrased summary and analysis between 100-150 words
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Fact Sheet
Can be a written paper, brochure, or informational packet
Must include all branches of government, special interest groups, and public opinion
Must include at least 3 supporting graphics that can be used as visuals during your final presentation
If you opt to write a paper, the expected length is 3 pages (not including graphics)
A brochure or packet would have equivalent amount of information to the 3 page paper
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The Justices
Discussion of SC Justices What were you surprised to learn? What stood out to you? What similarities existed between the
justices? What differences existed between the
justices?
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Justice Ginsburg
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Justice Scalia
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Current Event discussion ISIS Immigration Act Russia v. Ukraine
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Monday 3/2
If you didn't hand in your Supreme Court Case project sheet or current event- do so ASAP
Outline for the week: Monday- Continue with 7.2
Tuesday- Finish 7.2
Wednesday/Thursday- Work on test review and work on research project check-in
Friday- Research project check in due; Chapter 7 test review
Monday- Chapter 7 Test
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Next Step in Research Project Check-in on Friday 3/6“The check-in will utilize a submission of your research to date. This check-in is merely a way for us to ensure good research techniques are being used throughout the process. This check-in will include a preview of your annotated bibliography and fact sheet on governmental actions. Insufficient progress may require an additional submission.”
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Annotated Bibliography
When you hand in the final bibliography, you should have at least 8 sources, including 2 that outline opposing views to your stance. You should have multiple sources that focus on each branch of government, other actors (NGOs, special interest groups), and public opinion on the issue.
Must use MLA format and each annotation
should include a paraphrased summary and analysis between 100-150 words
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Fact Sheet
Can be a written paper, brochure, or informational packet
Must include all branches of government, special interest groups, and public opinion
Must include at least 3 supporting graphics that can be used as visuals during your final presentation
If you opt to write a paper, the expected length is 3 pages (not including graphics)
A brochure or packet would have equivalent amount of information to the 3 page paper
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Review from last week
How many Supreme Court justices are there?
How many women are currently on the Supreme Court? Name them.
What are the constitutional requirements to be a Supreme Court justice?
What is original jurisdiction? What is appellate jurisdiction? Name one instance in which the
Supreme Court has original jurisdiction
9
1. Diplomats from other countries
2. Cases between states
3. State v. Federal Gov’t cases
3- Ginsburg, Sotomayor, Kagan
None
Reviewing a case for the first timeReviewing a case that
has been repealed
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Judicial Review
Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution
How did they get this power? John Marshall in the case of Marbury v. Madison
Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny
appointment Marbury claims Judiciary Act of 1789 gives court power
to order Madison to fulfill appointment Marshall says it was not granted by Constitution—
declares act of Congress unconstitutional
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Judicial Review activity
As a class, we will read Marbury v. Madison (1803)
Then, in small groups, complete the activity on the back page
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Questions
Do you think we should set qualifications for Supreme Court Justices? Why or why not?
Should Supreme Court Justices be appointed for life? Why or why not?
When deciding cases, how should the Constitution be interpreted? Should it be word-for-word as written or
interpreted for meaning (including modern times)?
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Review from yesterday - 7.2Judicial Review
Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution
How did they get this power? John Marshall in the case of Marbury v. Madison
Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny appointment Marbury claims Judiciary Act of 1789 gives court power
to order Madison to fulfill appointment Marshall says it was not granted by Constitution—
declares act of Congress unconstitutional
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Interpreting the Constitution: Handout 2
Originalism- Scalia, Thomas, Alito, Roberts Views the Constitution’s meaning as fixed as of the time
of enactment A quest to determine the meaning of the phrases, which
cannot change except through formal amendment
Living Constitutionalism- Ginsburg, Breyer, Sotomayor, Kagan Dynamic Contemporary society should be taken into account when
interpreting key constitutional phrases
Swing vote: Kennedy- tends to be more conservative Sandra Day O' Connor was left leaning but also a swing vote in
many cases
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Interpreting the Constitution
CSPAN video Justice Scalia is considered an originalist Justice Breyer is considered a living constitutionalist
Fill out the viewing guide as you watch : Justice Scalia will begin by talking about who he’s thinking of
when he reads “We, the People” in the Constitution, and what those people thought about the death penalty.
Justice Breyer will talk about how the Constitution must last indefinitely. He will list six things judges look at in difficult cases. Write them down in the chart. He will also mention which four of those Justice Scalia prefers to consider. Write them down in the chart.
Both justices will then outline Justice Scalia’s problems with Justice Breyer’s approach. Describe Justice Scalia’s concerns.
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Which approach is better?
In small groups, work on “Handout 4: Evaluating Opinions”
Determine whether each statement is consistent with the thoughts of an Originalist (O) or a Living Constitutionalist (LC)
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Pick & Choose Your Case…
Over 7,000 cases are filed each year to the SC Court takes cases that deal with important
constitutional or national questions Minimum of four justices must vote to hear
a particular case If refused, lower court decision will remain
in effect Remand: return a case to the lower court
for a new trial
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Hearing a Case…
Supreme Court hears cases by oral arguments Each side given equal time Justices will then read written arguments
and consider arguments said in court Eventually, they will take a vote and a
simple majority wins
After all of this, the Court will share the opinion Reasoning used to come to that decision
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Most Common Types of Opinions Court’s Opinion (Majority Opinion)
Written by senior member in majority or Chief Justice (could assign to someone else if they choose)
Details reasoning for decision
Concurring Opinion Agrees with decision, but not the reasoning behind it
Dissenting Opinion Explains why the justices in the majority opinion are
wrong Has zero effect on law, but is important if case gets
review later
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Checks and Balances Revisited Executive Branch
Appoints Federal Judges
Legislative Branch Senate confirmation Rewriting of “unconstitutional” laws Amend the Constitution
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How the Court Changes Over Time
Civil Rights and Segregation
Scott v. Sandford (1857) Slaves were not US citizens (they were property),
thus they cannot sue
Plessy v. Ferguson (1896) “Separate but equal” doctrine
Brown v. Board of Education (1954) Segregated schools were not equal—reversed Plessy
ruling
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Remainder of Class
Chapter 7 Review Sheet Test Monday If there isn’t school tomorrow…test will be
on Tuesday (we will review Monday)
Work in writing center on annotated bibliography and fact sheet- due Friday (or the next time we meet in class)
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Today in class: Monday 3/9
Work through Chapter 7 Review sheet Gather any questions you have- bring these
tomorrow for a review
Writing Center Work on the annotated bibliography and fact sheet Due tomorrow! Make sure to be original- no copying and pasting
without citing sources
Update: Chapter 7 test on Wednesday (multiple choice, short answer)
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Tuesday 3/10
Court Case Scenarios
Review questions for Chapter 7 Test on WEDNESDAY
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Tough Decisions to Make
Many schools passed laws requiring children to salute the American flag in schools each day. Many organizations supported this patriotic measure, while many others opposed. One such group was the Jehovah’s Witnesses who believe that biblical prohibition of worshipping images forbids them from saluting the flag. With schools requiring the salute, a parent of two Jehovah’s Witnesses challenged the law in court.
How should the court rule? Explain.
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Tough Decisions to Make
A group decides to picket a funeral of a deceased soldier killed in military service. They say that “God kills American Soldiers because of America’s tolerance of homosexuality”. They picket on public property, maintaining a distance away from the cemetery, but close enough to be seen by those going to and from the service. They wave signs such as “Thank God for Dead Soldiers”, “Thank God for 9/11”, “God Hates the United States”, “You’re Going to Hell”, and others that speak negatively of the current state of the nation.
How should the court rule? Explain.
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Tough Decisions to Make
While gathering evidence for the prosecution of a suspect, the FBI bugs a telephone booth by attaching a microphone and tape recorder to the outside of the booth knowing the suspect will use a private number instead of his own for illicit activities. The FBI did not have a warrant and the information obtained in the search is to be used in courts. The defendant argues this constitutes an illegal search since it is a public telephone and violates his right to privacy.
How should the court rule? Explain.
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Tough Decisions to Make
The Amish community often consists of close-knit families where religion is a keystone to their daily lives and their culture differs greatly from “traditional American” culture. One part of the difference is that the Amish only believe in educating their children until 8th grade and exclusively in Amish schools. Many states, such as Pennsylvania, require students to attend high school until at least 16 years old. The Amish population believes public high schools may threaten the beliefs of their youth, so they openly keep them out of school in violation of the law. Can the Amish legally opt to not have their youth be educated past 8th grade?
How should the courts rule? Explain.
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Tough Decisions to Make
A student gives this speech to the student body to nominate his friend for class officer:
I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come [long pause] between us and the best our school can be. He is firm enough to give it everything.
The school suspends the student and bars him from speaking at graduation and other school functions. Is this a violation of his rights?
How should the courts rule? Explain.