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Bell Work

Bell Work. Read pages 506 to 509 in your textbook. Write in your notes a description of exclusive, concurrent, original, and appellate jurisdiction. Be prepared to share your descriptions with a partner. Judicial Branch of the American Government. Unit 4, Lesson 3. Learning Goal.

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Bell Work

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  1. Bell Work Read pages 506 to 509 in your textbook. Write in your notes a description of exclusive, concurrent, original, and appellate jurisdiction. Be prepared to share your descriptions with a partner.

  2. Judicial Branch of the American Government Unit 4, Lesson 3

  3. Learning Goal As a result of what we do today, you will be able to apply the concepts of strict and loose constructionism to Supreme Court case scenarios and explain the structure of Judicial Branch.

  4. Our Court System Refer to pages 506 to 508 and answer the following questions: • What court systems are included in our dual court system? • What are the 2 kinds of federal courts and what does each do?

  5. Dual Court System We have 2 separate court systems in the U.S. • National judiciary • State judiciary Two kinds of federal courts: • Constitutional Courts • Special Courts See the diagram on page 507. Name some examples of special courts and explain what their roles are.

  6. Missouri Supreme Court

  7. Jurisdiction Jurisdiction – authority of a court to hear a case. It literally means “to say the law.” Exclusive jurisdiction – cases can only be heard in the federal courts. Concurrent jurisdiction – Federal and State courts share the power to hear a case.

  8. Legal Terms Plaintiff = person who files a law suit. Defendant = person whom the complaint is against.

  9. Jurisdiction, cont. Original jurisdiction – the court that hears a case first. Appellate jurisdiction – a court that hears a case on appeal from a lower court. -An appellate court can uphold, overrule, or modify the decision of a lower court.

  10. Supreme Court Article III of the Constitution establishes that Judicial Branch. The Supreme Court is the highest court in the land. It’s decisions are final. -It rules on issues dealing with the Constitution, an act of Congress, or a treaty of the United States.

  11. Supreme Court and Judicial Review Refer to pages 517 to 522 and answer the following questions: • What is the significance of Marburyv. Madison? • How do cases reach the Supreme Court? • Explain the 4 ways the Supreme Court operates.

  12. Judicial Review • The ability of the Supreme Court to examine a law and determine if it is constitutional • - Marburyv. Madison established judicial review The Supreme Court has the power to interpret the Constitution.

  13. Supreme Court Jurisdiction Look at page 519. What kinds of jurisdiction does the Supreme Court have? The Supreme Court has both original and appellate jurisdiction. Most cases come on appeal from a lower federal court or from the highest state courts.

  14. How does the Court operate? See page 521 and 522 • When does the Court sit? • How do oral arguments work? • What are briefs? • What happens while the Court is in conference? • What are opinions?

  15. Opinions Majority Opinion- an essay written by a Justice that voted for the decision and why. Minority Opinion- an essay written by a Justice that did not vote for the decision and why Concurring Opinion- an essay written by a Justice who is agreeing with either a majority and minority and why

  16. Precedent- setting up a practice or rule and then following it. McCulloch v. Maryland- Constitution gave Congress implied powers to make government run smoothly; Miranda v. Arizona- When a person is arrested, the officer must read rights “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?” Plessyv. Ferguson- Facilities (schools) can be separate but equal Brown v. Topeka Board of Education- Separate but equal is overturned

  17. Requirements to be a Supreme Court Justice -President nominates a person -The Senate approves the candidate (By the way, what is this called?) -The Justice serves a lifetime appointment. Why is it important for a Supreme Court Justice to be appointed rather than elected? Why is it important that Supreme Court Justices serve for life?

  18. Activism vs. Restraint Judicial Activism- when the court uses a loose definition of the law to make policy; they make laws from the court Roe V. Wade- court case allowing abortion Miranda Rights- forces police officers to read accused rights Kelo Case (eminent domain- allows the government to buy land as needed)- extended eminent domain to also use land for business Judicial Restraint- uses a strict definition of the law to make decisions

  19. End of Today’s Notes

  20. Activity Choose a partner to work with for this activity. Take a copy of the Supreme Court case scenarios. You will be the Supreme Court. You must read each case and look at the Bill of Rights on page 771 to773. Issue an opinion for each scenario.

  21. Activity 2 Look at the “Voices on Government” on page 519. Write a paragraph answering the “Evaluating the Quotation” question.

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