unit 9 – judicial branch the student will understand the role and structure of the judicial branch...

Unit 9 – Judicial Branch

The student will understand the role and structure of the Judicial Branch and how the

American legal system protects citizens’ rights and freedoms.

Structure of the Judicial Branch

Structure of the Judicial Branch

Marbury vs. Madison

• This case gave the Supreme Court the power of Judicial Review

• Judicial Review = declaring actions or laws unconstitutional

Civil Case vs. Criminal Case

Civil Case• Plaintiff (person

harmed) demands remedy

• Lawsuit granting compensation or equity

Criminal Case• Resolves

accusations (usually from the government) for criminal offenses

Acquitted vs. Convicted

AcquittedThe accused is free from charge of the offense

ConvictedThe verdict that results from the accused being found guilty

Jury Trial vs. Bench Trial

Jury Trial• Trial in which a

jury decides the verdict.

Bench Trial• A trial by a judge

Misdemeanor vs. FelonyMisdemeanor • A lesser criminal

act. Examples: Trespassing, shoplifting.

FelonyA very serious crime. Examples: Rape, murder, theft over $500

Opinion

• Majority• Dissenting - aka

minority report• Concurring

Qualifications for jury duty

• be a United States citizen; • be at least 18 years of age; • reside primarily in the judicial district for one year; • be adequately proficient in English to satisfactorily

complete the juror qualification form; • have no disqualifying mental or physical condition; • not currently be subject to felony charges punishable by

imprisonment for more than one year; and • never have been convicted of a felony (unless civil rights

have been legally restored)

Double Jeopardy

• Can’t be tried for the same exact crime twice.

Plaintiff

• Aka claimant or complainant

• The one who tries to sue

Writ of Habeas Corpus

• Requires that a person under arrest be brought before a judge.

Writ of Centiorari

• Abbreviated (Cert)• A writ seeking judicial

review. Directs lower court to send records for review.

Injunction

• Court order that requires action to remedy a claim.

• Example:Stay 500 feet away from the other person.

Arraignment

• Formal reading of the charges before a trial.

• This is where you plea (guilty, not guilty, nolo contendere) .

Florida Declaration of Rights

• Article I of the Florida Constitution

• Listing of Rights of Residents

Code of Hammurabi

• 1st known written law• Ancient Babylonians

Group Roles for Reading

• Reader• Note taker / Summarizer• Cheerleader / Supporter• Noise Sheriff

District of Columbia vs. Heller

• Defends the 2nd Amendment for traditional lawful purposes.

Plessey vs. Ferguson

• Separate but equal

Brown vs. Board of Education

• Equal access to public education

Miranda vs. Arizona

• You have the right to remain silent during arrest.

• You have the right to speak to a lawyer after arrest.

Hazelwood vs. Kuhlmeier

• School administrators could exercise prior restraint in forums such as school newspapers.

Tinker vs. Des Moines

• Upheld 1st amendment rights in schools.

• Students wore black arm bands to protest the Vietnam War.

US vs. Nixon

• 8-0 ruling against Nixon.

• Was ordered to turn over recorded conversations about Watergate, he appealed.

Gore vs. Bush

Gideon vs. Wainwright

• You get a public defender for trials.

The Constitution

• Article I [The Legislative Branch] • Article II [The Presidency] • Article III [The Judiciary] • Article IV [The States] • Article V [The Amendment Process]• Article VI [Legal Status of the Constitution]• Article VII [Ratification]

• Amendment I [Religion, Speech, Press, Assembly, Petition (1791)]

• Amendment III [Quartering of Troops (1791)] • Amendment II [Right to Bear Arms (1791)] • Amendment IV [Search and Seizure (1791)] • Amendment V [Grand Jury, Double Jeopardy, Self-Incrimination,

Due Process (1791)] • Amendment VI [Criminal Prosecutions - Jury Trial, Right to

Confront and to Counsel (1791)] • Amendment VII [Common Law Suits - Jury Trial (1791)] • Amendment VIII [Excess Bail or Fines, Cruel and Unusual

Punishment (1791)] • Amendment IX [Non-Enumerated Rights (1791)] • Amendment X [Rights Reserved to States (1791)]

• Amendment XI [Suits Against a State (1795)] • Amendment XII [Election of President and Vice-

President (1804)] • Amendment XIII [Abolition of Slavery (1865)] • Amendment XIV [Privileges and Immunities,

Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868)]

• Amendment XV [Rights Not to Be Denied on Account of Race (1870)]

• Amendment XVI [Income Tax (1913)] • Amendment XVII [Election of Senators (1913) • Amendment XVIII [Prohibition (1919)] • Amendment XIX [Women's Right to Vote (1920) • Amendment XX [Presidential Term and Succession

(1933)] • Amendment XXI [Repeal of Prohibition (1933)] • Amendment XXII [Two Term Limit on President (1951)] • Amendment XXIII [Presidential Vote in D.C. (1961)] • Amendment XXIV [Poll Tax (1964)] • Amendment XXV [Presidential Succession (1967)] • Amendment XXVI [Right to Vote at Age 18 (1971)] • Amendment XXVII [Compensation of Members of

Congress (1992)]