Unit 6: The Judicial Branch

The Federal Courts System

Announcements
CAP Points: Due May 22nd
Unit 6 Packet Due: May 22nd
Final Test: May 22nd
If you will be gone May 22nd ,
you need to come talk to me
ASAP

Journal:

(answer in your notes pg. 2)

The judiciaryhas no influence

over either the sword or the purse;
it may truly be said to have
neither FORCE nor WILL, but merely
judgment.
Alexander Hamilton, The Federalist No.
78

What is Hamilton saying about the

function of the judicial branch?

The National Judiciary

Structure and function of the
national judiciary:
1. District courts
2. Courts of Appeal
3. The Supreme Court

Hears cases involving federal laws,

the US government, interstate
disputes, international disputes, and
interpretation of the Constitution

1. District Courts
1. District Courts,
which act as federal
trial courts
handle about 80%
of federal cases

 Federal criminal cases

Bank robbery
Kidnapping
Counterfeiting
Mail fraud
Tax evasion
Terrorism

Federal civil cases

(disputes)

Bankruptcy
Postal
Taxes
Civil rights laws

https://www.youtube.com/watch?v=
n8y8fJm5kNY

2. Courts of Appeal
2. Court of Appeals, which
hear appeals from district
courts and special courts
Do not conduct trials or
accept new evidence
Review the record and
the arguments of a case
Less than 1% of their
decisions are appealed to
the Supreme Court
There are 13 Courts of
Appeal in the US

Trace the Appellate

Path

https://www.youtube.com/wa
tch?v=
njgbmeiGi4E

Frank Abagnale
accused of forging
checks
What type of case is
this?
Where does the trial
begin?
If he lost and were to
appeal, where would
the case go next?

Trace the Appellate

Path

https://www.youtube.com/watc
h?v=
dKHrBr8mY78

What type of case is this?

Where does the trial

begin?

If he lost, and wanted to

appeal, where would the
trial go next?

Trace the Appellate Path

Neal Caffrey is
accused of bond
forgery.
What type of case is
this?
Where does the trial
begin?
If he lost and were to
appeal, where would
the case go next?

Trace the Appellate Path

An Ohio company claims that a
Florida company produced an
identical product and files for
copyright infringement.
What type of case is this?
Where does the case begin?
The Ohio company loses the case
and appeals. Where does the case

Create a Case
In groups of 2-3, create a fictional
federal case and mark its path to
the Supreme Court
(You may not end up using all 6
spots)
Share your case with another group

The Supreme Court

Journal (answer in your notes)
1. How many justices are on the SC?
2. Does the Supreme Court have
original or appellate jurisdiction or
both?
Original= court hears case for the first time
Appellate= Power to review a lower courts
decision

CNN Inside

https://www.youtube.com/watch?v=
Unyswl36q8w

Nuts & Bolts

Each term of the Supreme Court
lasts from the first Monday in
October to sometime the following
June or July
Supreme Court justices serve for
life
There are 9 justices on the Supreme
Court

Jurisdiction
Supreme Court has original
jurisdiction over cases
Involving 2 or more states
Affecting ambassadors and public
ministers

Almost all cases come to the Court

on an appeal from lower courts
Most cases reach the Supreme
Court on an appeal from the
highest state courts and the federal

Choosing Cases
More than 10,000 cases are
appealed to the Supreme Court
each term, but it accepts only a few
hundred
At least 4 justices must agree to
accept a case
Refusing to hear a case does not mean
the Court agrees with the lower courts
decision

Choosing cases cont.

Either party in a case may petition
the Court to issue a writ of certiorari
agreeing to review that case.
Writ of certiorari an order by the
SC telling a lower court to send it a
specific case to review
A few cases reach the Court by
certificate when a lower court
asks the SC to rule on a confusing
issue

Hearing a Case
Justices receive written briefs for
each case that detail each sides
legal arguments
Sometimes interested parties are
allowed to submit their own amicus
curiae, or friend of the court briefs
supporting or opposing one side in the
case

Hearing the Case

After reading the briefs for several
cases, the justices hear oral
arguments for those cases.
Each side gets 30 minutes to present
their case and answer questions from the
justices.

Justices recess to consider the cases

Each justice presents their own views and
conclusions in conference
A majority must decide which party wins
or loses a case

Writing Opinions
Majority opinion the official ruling
of the SC on a case, explaining
how the majority decision was
reached
Concurring opinion a separate
opinion that agrees with the
majority opinion but offers a
different reason for making that
ruling
Dissenting opinion an opinion

Controversial Statements
(page 6)
Study each statement, and determine your
personal reasons for or against
I will put you in a group; in your group
each person should discuss if they are
for/against and why.
Take a vote and write the majority opinion
of the group on your worksheet
The opinion does not have to be
unanimous

Once you have finished, answer the 2

Announcements
CAP Points: Due May 22nd
(****but you may turn them in
before)
Unit 6 Packet Due: May 20nd
Final Test: May 20th
If you will be gone May 20th &
May 22nd, you need to come
talk to me ASAP

Civil Liberties: First

Amendment

Bill of Rights
Page 9 of Notes

Applies to actions of the federal

government, not the state
governments
Each state constitution contains its
own bill of rights to protect the
freedoms of its citizens
The 14th Amendment extends the
basic rights protected by the BoR to
the citizens of all states

14th Amend: Due Process

Clause
Due Process Clause SC has ruled
that this clause means no state
can deny any person their basic
rights and liberties

9 Amendment
th

People have rights

beyond those
specifically listed in the
Constitution
Example: Over time the SC has
determined that some of the
unlisted rights include
Right of a person not to be tried
on the basis of unlawfully
gained evidence
Right of a woman to choose to

Liberties v. Rights
Civil liberties freedoms protected
from possible government abuse
Examples: Religion, speech, press,
right to fair trial

Civil rights freedoms defended by

the government
Examples: Laws banning
discrimination

Declaration of Independence:
Unalienable Rights
Page 9 in packet: Draw a vertical line in blank
space (t-chart)

https://www.youtube.com/watch?v=jYyttEu_NLU

On the left, write the following as we

listen to the Declaration of
Independence being read:
1. What are some of the rights listed in
the DoI?
2. What are some of the grievances
(complaints) the founders list against King

Page 9

Write your own Declaration of

Independence;

it must have 3
parts

1. Declaration of
Rights

2. List of Grievances

3. Statement of

Are Rights Relative?

Free Speech v. Obscene
Language?
Blaring music v. neighbors right
to sleep?
Individuals can exercise their
rights only as long as their
actions do not infringe on the

Rights are Relative, not

Absolute
1: the government should pass
a law limiting the use of cell
phones in public places
Agree:
People talking
loudly on their cell
phones are
disruptive to
others.

Disagree
communication;
culturally-imposed
restrictions, not
government
interference

Rights are Relative, not

Absolute

2: Before entering a mall,

people must show an
identification card and pass
through a metal detector
Agree:
Public places need
protection because
of what has
happened in the
past.

Disagree:
Freedom to comeand-go as we please;
this isnt an airport

Rights are Relative, not

Absolute

3: a small religious group

protests the (then current)
Iraq War at a soldiers
funeral
Agree:
Disagree
Right to
Disrespectful;
assemble/protest in
mourners right to
a public area
privacy

4: a cake-decorator politely refuses a job to

create a wedding cake for a gay couples
wedding. The cake-decorator says they do
not support gay marriage because of their
religious beliefs, therefore they do not
want to have their business affiliated with
the gay wedding.

Rights are Relative, not

Absolute

Because of lawsuits that follow, the state

passes a law stating that any business
serving the public that denies service to
someone who is gay could face a fine

Agree:
You are entitled to
your personal beliefs
as an individual, but
when you are a
business you have to
obey the law against
discrimination.

Disagree
Businesses should
have the right to run
their businesses in a
way that is
consistent with who

Freedom of Religion (910): Lemon Test

Freedom of
Religion/Speech pages
You may work individually or with a
small group on pages 10-11
Did anybody disagree with a
decision that was made? Why?

12 ANGRY MEN
https://www.youtube.com/watch?v=Kwd2dYZbjVw
/

https://www.youtube.com/watch?v=Kwd2dYZbjVw

Supreme Court: Know

the Nine
Go around to the nine
pictures/biographies of the justices.
Read through each bio and answer the
questions on page 7-8 in packet
(the order you see the justices in does
not matter)

9 Supreme Court Justices

Practice

John G. Roberts, Jr. (male)

George W. Bush

Antonin Scalia (male)

Reagan

Anthony M. Kennedy (male)

Reagan

Clarence Thomas (male)

George H. W. Bush

Ruth Bader Ginsburg (female)

Clinton

Stephen G. Breyer (male)

Clinton

Samuel Anthony Alito, Jr.

(male)
George W. Bush

Sonia Sotomayor (female)

Obama

Elena Kagan (female)

Obama

12 ANGRY MEN
https://www.youtube.com/watch?v=Kwd2dYZbjVw
/

https://www.youtube.com/watch?v=Kwd2dYZbjVw