• 4/6/2016
• How is the Judicial
Branch structured?
Pencil
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Remediation
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Closure
Date
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Up ?
• 4/6/2016
• What are three
independent government
agencies?
 Do
your best!
 Only
six paragraphs in the Constitution
 Only creates the Supreme Court
 Congress can create the rest (“inferior”
courts)
 They’re
called justices, not judges
 They’re given life terms. Why?
• It makes them impartial and fair
• They don’t have to worry about offending
anyone and losing reelection
 What
does jurisdiction mean?
• The area where someone holds power
• They can only hear cases where they have
jurisdiction (police)
 Two
systems of courts in US
• Federal – addresses US Constitution and laws
• State – addresses state constitutions and laws
• Dual court system
 Address
cases that involve…
• US laws
• Treaties
• US Constitution
• Laws of the seas
• Bankruptcy – What is it?
 1800
• When Washington, DC was created, they didn’t
even build a place for the Supreme Court to
meet
• Stuck in the basement until the Civil War
• Originally started with six members
• Since 1869, there have been nine justices
 Originally, they
didn’t have much to do.
• Justices would work on lower courts until they
received a case for the Supreme Court
 Supreme
Court rulings cannot be
overturned except by Constitutional
Amendment or by the Court itself
 Nine
members
 Appointed for life, by the President
 Can only be removed if they are
impeached and convicted
 John
Roberts
• Appointed by George W. Bush
• Votes last in rulings
• Assigns opinions or dissents









John Roberts
Antonin Scalia
Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
(conservative)
Sonia Sotomayor
Elena Kagan
-
GW Bush
(conservative)
Reagan
(conservative)
Reagan
(swing vote)
GHW Bush (conservative)
Clinton
(liberal)
Clinton
(liberal)
GW Bush
-
Obama
Obama
(liberal)
(liberal)
 What
does it mean?
• When people claim that the courts are getting
involved in political issues
• Judicial activism is based on personal opinion
 The
Supreme Court is very private
• No video or cameras are allowed in the
courtroom
• Justices value their anonymity
 Marbury
v. Madison, 1803
“A law repugnant to the Constitution is void.”
• 1st time law was called unconstitutional
 Gibbons
v. Ogden, 1824
• When a federal and state law are in conflict, the
federal law is supreme
 State and federal laws regulating the steamboat industry
 Gibbons had a federal permit. Ogden had a state permit
 Court voted in favor of Gibbons
 Dred
Scott v. Sanford, 1857
“The Constitution does not consider slaves to be
US citizens. Rather, they are constitutionally
protected property of their masters.”
 Dred
Scott had moved to Illinois (free
state), then Missouri (slave state)
 Sued for freedom under Missouri’s “once
free, always free” law
 Plessy
v. Ferguson, 1896
• Separate but equal is okay
• Affected schools, public areas, etc.
• The Constitution is colorblind, and neither knows
nor tolerates classes among citizens.”
 Justice John Harlan – lone dissenter
 Brown
v. Board of Education, 1954
• “In the field of public education, the doctrine of
‘separate but equal’ has no place.”
• Unanimous decision
• Reversed Plessy v. Ferguson
• Eliminated “separate but equal” in public
schools
 Mapp
v. Ohio, 1961
• Requires search warrants
• “I know it when I see it.”
 Justice Potter Stewart’s definition of obscenity
 Gideon
v. Wainwright, 1963
• Defendants in criminal cases have an absolute
right to counsel
• Public defenders
• Applies to any case where the penalty is six
months or longer in prison
 Miranda
v. Arizona, 1966
• “You have the right to remain silent…”
• Man confessed to kidnapping and raping a
woman, but conviction was overturned since he
was not informed of his 5th Amendment right
against self-incrimination
 Roe
v. Wade, 1973
• “Constitutionally implied right to privacy…”
• Considered to be the court’s most controversial
• Some hold the opinion that it is an example of
judicial activism
 What
is the name of the highest court in
the US?
• Supreme Court
 How
many members serve on it?
• Nine
 Why
are they given life terms?
• So they can remain fair and not have to worry
about trying to get reelected
• What
are the two ways that Supreme
Court rulings can be reversed?
• Constitutional Amendment
• If the Court reversed itself
What was the name of the first case
where the Court declared an act of
Congress unconstitutional?
•
•
Marbury v. Madison
 The
process and specifications for
appointing a Supreme Court Justice and
other forms of Judges (State, Local, etc.)
differ.
• Using the Internet, research how Supreme Court
Justices and Maryland State Judges are each
selected to serve and how the appointment
process works.
 Create a Venn Diagram with your findings
 Be sure to cite your sources!
 How
have Supreme Court justices’
interpretations of the Constitution changed
over our history?
• At least 5 sentences using BOTH facts and your
own opinions
• 4/11/2016
• What impact did the
landmark Supreme Court
decisions have on the
lives of citizens?
Pencil
Warm-up Sheet
Missing Assignments?
Warm-up
Remediation
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Closure
Date
Warm
Up ?
• 4/11/2015
• What are the two ways a
Supreme Court ruling
can be reversed?
 Gideon
v. Wainwright, 1963
• Defendants in criminal cases have an absolute
right to counsel
• Public defenders
• Applies to any case where the penalty is six
months or longer in prison
 Miranda
v. Arizona, 1966
• “You have the right to remain silent…”
• Man confessed to kidnapping and raping a
woman, but conviction was overturned since he
was not informed of his 5th Amendment right
against self-incrimination
 Read
the iCivics articles provided for both
Gideon v. Wainwright and Miranda v.
Arizona
• Underline the important facts (not the entire article)
• Circle words that you do not know the meaning of
• Answer the extension questions for each article
 Create
a synthesis of the cases putting
together a timeline of the events from BOTH
court cases

Tinker v. Des Moines (1968)
• http://www.youtube.com/watch?v=SqQvygBVSxA

New Jersey v. T. L. O. (1985)
• http://prezi.com/2rrcmvm6z-6r/new-jersey-v-tlo-1985/

Based upon your knowledge of the Tinker v. Des
Moines School District and New Jersey v. T.L.O.
Supreme Court decisions, should student rights
be expanded or restricted further? Justify your
answer using court cases and life experience.
Your response must be at least two paragraphs in
length.
 Regents
of the University of California v.
Bakke (1978)
 You Decide: Who Should Be Admitted?
• You are a member of the admissions committee at a
prestigious college. Examine the credentials for
each of the candidates and rank the candidates from
1 to 8, with one being the candidate you are most
likely to admit.
• Determine which THREE candidates you will admit.
Circle your choices.
• Answer the questions sheet provided


Upheld affirmative action, allowing race to be one of several
factors in college admission policy.
• However, the court ruled that specific quotas, such as the 16
out of 100 seats set aside for minority students by the
University of California, Davis School of Medicine, were
impermissible.
Although the Supreme Court had outlawed segregation in
schools, and had even ordered school districts to take steps to
assure integration, the question of the legality of voluntary
affirmative action programs initiated by universities was
unresolved.
• Proponents deemed such programs necessary to make up for past
discrimination, while opponents believed they were illegal and a
violation of the Equal Protection Clause of the Fourteenth
Amendment to the United States Constitution.
 Allan
P. Bakke, an engineer and former
Marine officer, sought admission to medical
school, but was rejected for admission by
several, in part because, in his early thirties,
he was considered too old.
• After twice being rejected by U.C.-Davis, he brought
suit in state court. The California Supreme Court
struck down the program as violative of the rights of
white applicants and ordered Bakke admitted. The
U.S. Supreme Court accepted the case amid wide
public attention.
 Considering
today…
all of the cases we studied
• Which case is the most applicable to your life?
Why?
• Which amendment to the Constitution does each
of the cases fall under? How?
 Tinker v. Des Moines
 New Jersey v. T.L.O.
 Gideon v. Wainwright
 Miranda v. Arizona
 Regents of the University of California v. Bakke
• 4/18/2016
• What impact did the
landmark Supreme Court
decisions have on the
lives of citizens?
Pencil
Warm-up Sheet (Due
today)
Missing Assignments?
Warm-up
Remediation
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Date
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Up ?
• 4/18/2016
• Summarize the Regents
of the University of
California v. Bakke
Supreme Court case.
 Today, you
will be introducing yourself
with the pertinent details of SIX Supreme
Court cases.
 You will…
• Have 10 minutes per station
• Take notes at each station
• Be prepared to synthesize the information you
garner
Station
Court Case
1
Schenk v. U.S.
(1919)
2
Gitlow v. New York
(1925)
3
Engel v. Vitale
(1962)
4
Katz v. U.S. (1967)
5
Hazelwood School
District v.
Kuhlmeier (1988)
6
Texas v. Johnson
(1989)
Background
Information
Court Decision
Dissenting Opinion
Why do you agree
or disagree with
this decision?
 How
do all these Supreme Court cases
relate to one another?
 What amendment gives freedom of
speech?
 On
back of stations worksheet, write 1 to
2 sentences for EACH case describing
how the Supreme Court case expanded
or limited rights of people
 After
visiting all 6 stations regarding rights of
U.S. citizens, which Supreme Court decision
impacts your life the MOST on a daily basis? In
addition, which Supreme Court decision
influences your life the LEAST daily? Explain
your answers in a response of at least two
paragraphs on the sheet provided.
No person shall be. . .deprived of life,
liberty, or property, without due process
of law."
No State. . .shall any State deprive any person
of life, liberty, or property, without due
process of law. . .
 Who
is entitled to
due process of law?
 Who
or what must
provide due process?
 When
is due process
of law required?
 What
is due process
of law?
 Who
decides what
process is due?
Culturally determined?
Evolving or static?
 What
is meant by
"life, liberty, or
property"?
Words imply fair
procedure (“how” action
is taken)
Steps government must
Use before taking away
• Life
• Liberty
• Property
 Policy
rules
makers make
 Judges
interpret
constitutions
(national/state)


Common sense
meanings
Broader meanings
Life Includes corporations
Liberty includes movement and
(past) contracts
Property includes reputation,
job, inventions
Criminal-Notice, fair trial, counsel, pre and post processes
Civil--
Notice, hearing, employ counsel, impartial
decision-maker
Civil includes administrative actions
E.g., termination of benefits, school discipline,
licensing/regulation
 Substantive
 Procedural
due process
due process
There are some things governments cannot
do at all, no matter what procedures they
follow
“Fundamental rights” analysis
U.S. Supreme Court decides what
government cannot do

Late 19th century:
Liberty of contract
• State and national
economic regulatory laws
struck down

20th century: Right of
privacy
• Banning interracial
marriage/Gay Marriage
• Abortion
Fairness
of the procedures used to
enforce the laws
• Does not focus on whether a liberty right or an
economic right is at stake
• How are laws enforced? Is it always fair to the
accused?
 What
procedures are required in order to
legitimately deprive someone of their life, liberty
or property in the given case?
• Importance of the private interest affected.
• Risk of erroneous deprivation through the procedures
used, and the probable value of any
additional/substitute procedural safeguards.
• Importance of the state interest involved and the
burdens which any additional/substitute procedural
safeguards would impose on the state.
 Will
government be given more leeway over
criminal and civil proceedings?
 Will
courts “discover” additional “fundamental
rights” or back away from recognized ones?
 How
will social/cultural changes affect concept?
 The
incorporation doctrine is a
constitutional doctrine through which
selected provisions of the Bill of Rights are
made applicable to the states through the
Due Process clause of the Fourteenth
Amendment.
• This means that state governments are held to the
same standards as the Federal Government
regarding certain constitutional rights.
• Examples include Near v. Minnesota and Mapp v.
Ohio
 Check
Synergy and
www.mrbarrsclassroom.weebly.com to
see what assignments you need to
complete and turn in.
 ALL Unit IV assignments will not be
accepted after Wednesday, April 27th!
• 4/20/2016
• What is the difference
between criminal and
civil law?
Pencil
Warm-up Sheet
Missing Assignments?
Warm-up
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Closure
Date
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Up ?
• 4/20/2016
• How does the Mapp v.
Ohio Supreme Court
decision relate back to
the Incorporation
Doctrine?
Consider the following case:
A man was driving too fast along a road in a city
suburb and as a result he knocked down and
badly
injured a pedestrian.
Was a civil or criminal wrong committed, or both?



criminal wrong – reckless driving
civil wrong – negligence
different legal consequences under criminal and
civil law
CRIMINAL LAW
-prosecuted by the police
for reckless driving
in the criminal courts
CIVIL LAW
-sued by the victim
for negligence
in the civil courts
CIVIL LAW


is concerned with disputes
between individuals
action is taken by the aggrieved
party
CLAIMANT vs DEFENDANT
(PLAINTIFF)
CRIMINAL LAW


is concerned with wrongs
committed against an individual
but regarded as harmful to
society as a whole
action is taken against the wrongdoer in the name of society
PROSECUTOR vs DEFENDANT

defendant liable on the BALANCE
OF PROBABILITIES
eg. marital dispute, hire-purchase
problems, trespass, negligence etc.
eg. stealing, robbery, murder, rape,
embezzlement, arson etc.
CIVIL PROCEEDINGS

CRIMINAL PROCEEDINGS

a claimant sues (brings an action
against) a defendant = a lawsuit


judgement for the claimant (if
the proceedings are successful)




remedy – damages, injunction,
specific performance …
liable # not liable - defendant
liable on the BALANCE OF
PROBABILITIES



a prosecutor prosecutes (brings a
case against) a defendant =
criminal prosecution
a verdict – a decision of a jury
conviction (if prosecution
successful) or acquittal
a sentence – the punishment given
by a judge based on the verdict
defendant punished by a variety of
punishments (imprisonment, fine,
probation, community work etc.)
guilty # not guilty - liable # not
liable
- BURDEN OF PROOF – defendant
guilty beyond a reasonable doubt
Are the following wrongs civil , criminal or both? Sort them out.
theft / rape / manslaughter / medical negligence / negligent damage
to
private property / assault / trespass / defamation / fraud / false
imprisonment / marital dispute / domestic violence / arson / bribery
/
forgery / kidnapping /
CRIMINAL WRONGS
(CRIMES)
CIVIL WRONGS
CIVIL WRONGS
CRIMINAL WRONGS (CRIMES)
medical negligence
negligent damage to private property
trespass
assault
fraud
false imprisonment
marital dispute
defamation
medical negligence
assault
fraud
arson
bribery
forgery
kidnapping
theft
rape
manslaughter
Complete the following text contrasting criminal and civil law by choosing from the
words/phrases below.
compensation / contract / crime / damages / family law / intellectual property / plaintiff /
police / private individual / prosecution / the accused / the defendant / theft / to bring
a case / to bring an action / to fine / to charge someone with something
Criminal law vs Civil law
One category is the criminal law – the law dealing with _______. A case is called
a ______.The case is instituted by the prosecutor, who takes over the case from
the ______ who have already decided _______ the defendant or __________
with specified crimes. The civil law is much more wide-ranging. The civil law
includes the law of _________ and __________ __________. (or ___________
__________). In a civil case, the___________, normally a_________
__________ or company, __________________________ to win __________ .If
the case is proven (on the balance of probabilities, meaning that one is more
sure
than not), the defendant normally pays the plaintiff ____________ (money).
Criminal law vs Civil law
One category is the criminal law – the law dealing with crime. A case is
called a prosecution. The case is instituted by the prosecutor, who takes
over the case from the police who have already decided to charge the
defendant (or accused) with specified crimes. The civil law is much more
wide-ranging. The civil law includes the law of contract and family law or
intellectual property. In a civil case, the plaintiff, normally a private
individual or company, brings an action to win compensation. If the case
is
proven (on the balance of probabilities, meaning that one is more sure
than
not), the defendant normally pays the plaintiff damages (money).







_______________ = the punishment given to a person convicted
of a crime, ordered by a judge and based on a verdict.
_______________ = the final decision by a court in a lawsuit,
criminal prosecution or appeal from a lower court's decision.
_______________ = the result of a criminal trial in which the
defendant has been found guilty of a crime.
_______________ = a common term for a legal action by one
person or entity against another person or entity, to be decided
in a court of law.
_______________ = a verdict (a judgment in a criminal case) of
not guilty.
_______________ = the decision of a jury after a trial, which must
be accepted by the trial judge to be final.
_______________ = commitment to a prison







SENTENCE = the punishment given to a person convicted of a
crime, ordered by a judge and based on a verdict.
JUDGMENT = the final decision by a court in a lawsuit, criminal
prosecution or appeal from a lower court's decision.
CONVICTION = the result of a criminal trial in which the
defendant has been found guilty of a crime.
LAWSUIT = a common term for a legal action by one person or
entity against another person or entity, to be decided in a court of
law.
ACQUITTAL = a verdict (a judgment in a criminal case) of not
guilty.
VERDICT = the decision of a jury after a trial, which must be
accepted by the trial judge to be final.
IMPRISONMENT = commitment to a prison.
 Over
the course of Unit IV, we have
studied numerous Supreme Court Cases
 You will choose ONE case to create a
movie poster or DVD case to teach the
American community about it
 Think about…
•
•
•
•
Who will you cast in each role?
What is the slogan for the film?
How will you market the film?
Setting?
• 4/25/2016
• How far can the
government go in
searches and seizures?
Pencil
Warm-up Sheet
Missing Assignments?
Warm-up
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• 4/25/2016
• List at least three
differences between
Civil Law and Criminal
Law
A
DBQ is an essay that measures your
ability to analyze and interpret
documents
 There
 All
is no wrong answer!
the information you need is given to
you!
 Step
 Take
1: Understand the question
the time to read the directions!
 Make
sure you understand what you are
being asked
• Sometimes, you will be asked multiple questions
 Begin
to think about an answer, but don’t
write anything yet
 Step
2: Read through the documents
 Get
a general idea of what they are
telling you
 Pay
attention to provided information
• Author, date
 Step
3: Group the documents
 There
is no right or wrong way
• “The documents are like play dough, mold them
to be what you need, but don’t eat them.”
 Should
be grouped to help answer the
question
• Demonstration
• Bucketing
 Step
4: Write your thesis
• Notice this is the first time we write anything
 Make
sure to:
• Answer the question
• Mention name of three groups

Step 5: Outline Essay

Intro:
• Background Info (usually given to you)
• Thesis
 Answers questions
 Lists groups

Supporting paragraphs:
• At least 3 (one for each group)
 Starts with topic sentence (names group)
 Details from documents and class
 Remember to cite documents (Doc. 6)

Conclusion:
• Restate argument
• Impact
 Your
Unit IV exam will be on Wednesday!
 Use the provided study guide to help
you!
 If you have any questions…
• Refer to your notes
• Visit www.mrbarrsclassroom.weebly.com
• Email Mr. Barr at barrtim@wcps.k12.md.us