Judicial Branch. 2 Types of Court Cases 1.Civil*: disputes between people – Plaintiff vs....
Transcript of Judicial Branch. 2 Types of Court Cases 1.Civil*: disputes between people – Plaintiff vs....
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Judicial Branch
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2 Types of Court Cases
1. Civil*: disputes between people– Plaintiff vs. Defendant
2. Criminal*: charging a person of a crime– Prosecution vs. Defendant– Misdemeanor or Felony
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Criminal Procedure1. Arrest suspect: Read rights and the suspect is
booked for the crime.2. Preliminary hearing: Judge sets bail.
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Criminal Procedure (continued)
3. Indictment*: If there is enough evidence, judge formally charges the suspect
4. Arraignment*: The defendant enters a plea to the crimes.
• Guilty: accepts punishment• Plea bargain*: can sometimes
negotiate for a lesser punishment• Not-Guilty: trial date is set
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Criminal Procedure (continued)
5. Trial: Decided by 12 jurors who must decide guilt unanimously “beyond a reasonable doubt”.
• Jurors are regularcitizens performingjury duty
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Jury Decision• Acquittal*: The whole jury decides not guilty. • Guilty: The whole jury decides guilty
– The judge will then set a date for sentencing.
• Hung jury*: The jury cannot make a unanimous decision. – This is a mistrial and the case may be retried
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Juvenile Cases• The goal is rehabilitation*.• No jury trial. The judge decides.
• Juveniles are not fingerprinted or photographed. • Identity is kept secret. • Records can be erased as adults.
• Ward of the court*: Court may become guardian.
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Write-To-LearnWhat is the message of this poster?
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Jurisdiction
• Federal Courts will hear a case if it involves:– Constitutional issues– Breaking a federal law– Suing the government– Disputes between different states (Sup.Crt.)– Disputes with different countries (Sup.Crt.)
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Levels of Federal Court System
FederalCourts
Levels of Government
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District Courts
• Lowest level of the federal court system• Original jurisdiction*: Authority to hear cases
for the first time.• Only federal courts with jury trials.• 90% of all court cases are decided in district
courts.
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Court Officials• Judges: Decide procedure and punishment. • Magistrate*: Issue court orders and warrants.
– Like a judge’s assistant
• US Attorney: Try to prove a suspect is guilty. • Marshal*: Arrest suspects, brings defendants
to court, and serves subpoenas.– Subpoena*: Order requiring a person to appear in
court.
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Court of Appeals
• Appellate jurisdiction*: Hear only cases that have been appealed from district courts.
• Circuit*: Geographic area an appeals court has jurisdiction in.
• Writ of Certiorari*: Directs a lower court to send records for review.
• There are 12 appellate courts in the US
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Supreme Court
• Original jurisdiction (sometimes)– Issues with foreign countries– Multiple states are involved.
• Appellate jurisdiction on everything else.• Decisions can not be appealed.
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Supreme Court
• Their job is to interpret and defend the Constitution
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Amendments
• Changes to the Constitution • The first ten amendments are called the Bill of
Rights.• Only 27 amendments in 221 years
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The First Amendment*
• Protects the freedom of speech, press, assembly, religion, and right to petition the government. (SPARP)
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2nd Amendment*—Right to Bear Arms
• “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”
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Third Amendment*
• The Government cannot force you to shelter soldiers in your home without your consent.
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Fourth Amendment*
• No illegal search and seizure.• Police must have a warrant and probable
cause
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Fifth Amendment
• You cannot be tried for the same crime twice—called “Double Jeopardy”
• You do not have to testify against yourself. (right to remain silent)– “I plead the fifth”
• You must have due process* of law before you are convicted
• Eminent domain: The government cannot take your land unless they pay you for it.
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Sixth Amendment
• Right to speedy trial by impartial jury• You must be told of charges
– Called the writ of habeas corpus*
• You must be provided a lawyer if you cannot afford one
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Seventh Amendment
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Eighth Amendment
• No excessive bail
• No cruel or unusual punishment
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Ninth Amendment
• Protects any rights of the people that are not specifically mentioned in the Constitution. – “Silent Rights” examples??
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Tenth Amendment
• States that any power not granted to the federal government belongs to the states or to the people.
• “Reserved Powers”
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11th and 12th Amendment• 11th (1795) – Places limits on suits against states
– Federal courts have limited jurisdiction over state courts
• 12th (1804)– Revises procedures for electing president and vice president– President and Vice President must be on same ballot
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Civil War Amendments 13th, 14th, & 15th
• 13th Amendment (1865) – Abolished slavery and any other forced labor.– Abolish*= stop the practice of,
to make illegal– Exception punishment for a
crime• Ex. Chain gangs and clean up
crews are legal
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Civil War Amendments 13th, 14th, & 15th
• 14th Amendment* (1868) – Grants citizenship for African Americans
• “Equal protection of the laws”
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Civil War Amendments 13th, 14th, & 15th
• 15th Amendment* (1870) – Gave African American males suffrage– Suffrage* = the right to vote
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16th and 17th Amendments• 16th Amendment (1913) – Establishes the right
for the government to impose an income tax on citizens.
• 17th Amendment (1913) – Direct elections for Senators.– State legislatures were
in charge of this before
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18th, 19th, & 20th Amendments• 18th Amendment (1917)
– Prohibition – no more legal alcohol.
• 19th Amendment* (1920) – Gave women suffrage.
• 20th Amendment (1933) – Moved inauguration date from March to January.
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21st, 22nd, & 23rd Amendment
• 21st Amendment* (1933) – Overturned 18th amendment. Ended Prohibition. Only amendment to repeal another.– Repeal*= to make null and void
• 22nd Amendment (1951) – Limits the President to 2 terms.
• 23rd Amendment (1961) – Gave Washington D.C. electoral college votes
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24th, 25th, 26th, & 27th Amendments
• 24th Amendment (1964) – Abolished Poll Tax– Used before to keep certain groups from voting
• 25th Amendment (1967) – Established the presidential line of succession
• 26th Amendment* (1971) – Lowered voting age to 18 years old.
• 27th Amendment (1992) – Limits Congressional pay raises.
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Sup.Crt. Justices
• There are nine justices• Thurgood Marshall = first African-American
justice in 1967• Sandra Day O’Connor = first female justice in
1981.• Sonia Sotomayor = first Hispanic justice in 2009• Elena Kagan = most recent addition to SupCrt in
2010
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http://www.usatoday.com/news/washington/judicial/2010-03-13-supreme-court-justice-bios_N.htm
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Current salary for the Chief Justice is $223,500 per year, while the Associate Justices each make $213,900.
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SupCrt Desicions• Majority opinion: Written by a justice that
voted with the majority.• Dissenting opinion*: Written by those who
oppose the majority.• Concurring opinion*: Written by a justice that
agrees with the majority but may have different reasons.
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Pictionary Rules
• 3 teams, create a rotation of the order you will draw• Pick a picture vocab term and DO NOT say which one
you picked• Draw clues to get your team to guess the term
– May not use letters or numbers
• If your team cannot guess the term in 1.5 minute, the other teams have a chance to steal
• First 15 min– can use your notes• Last 15 min – cannot use your notes