CE.10cThe Judicial System Civil and Criminal CE.10c Courts resolve two kinds of legal conflicts, civil and criminal.
With your partner, choose two clients - one from each box.
❏ Joey Pecks was sued for breach of contract for
failing to pay monthly gym membership dues
❏ Justin Bebron was cited for driving while
intoxicated.
❏ A student was expelled for bringing a “weapon”
(BB gun) to school.
❏ Tina Teen was cited for underage drinking at a
party
❏ Hank Handyman was sued for poor workmanship
of a fence on a private property
❏ Harry Hoodlum was arrested for breaking &
entering a neighbor’s house and using their
indoor hot tub while they were on vacation
❏ Melissa M is planning to protest the primary
election and wants to know if she could get in
trouble.
❏ Tonya Terrorist was arrested for plotting an
attack against the White House.
Client #1:
Client#2:
Watch this video and define the terms below. http://study.com/academy/lesson/criminal-law-vs-civil-law-definitionsand-differences.html
Term
Definition
Term
criminal case
civil case
criminal law
civil law
parties
acquitted
liable
cause of action
prosecution
crime
Definition
Law Firm Name:
Prepare for your client interview by filling out the client worksheet below. You can use the websites
cited below or do your own independent research.
Client #1:
Accused of:
Criminal or Civil:
Why?
How this case will proceed in the courts :
Step 1 (How the case starts):
Step 2:
Step 3:
Additional steps:
Client #2:
Accused of:
Criminal or Civil:
Why?:
How this case will proceed in the courts :
Step 1 (How the case starts):
Step 2:
Step 3:
Additional steps:
helpful websites:
http://www.virginiarules.com/virginia-rules/civil-law;
http://research.lawyers.com/virginia/va-filing-a-small-claims-suit.html;
http://www.virginiarules.com/virginia-rules/criminal-law; http://litigation.findlaw.com/filing-a-lawsuit/civilcases-vs-criminal-cases-key-differences.html
procedure:http://www.americanbar.org/groups/public_education/resources/law_relate_education_network/how_c
ourts_work/pretrial_criminal.html
The Judicial System - Exit ticket
In a ___________________, a court determines whether a person accused of breaking the law is
guilty or not guilty of a misdemeanor or felony.
In a ___________________, the court settles a disagreement between two parties to recover
damages or receive compensation.
Procedure for criminal case:
Procedure for civil case:
CE.10a The Judicial System - Court System
Name:
Block:
Your client doesn’t understand the court system. You need to explain it to them. Do the research and
answer the questions below so you are prepared for their questions. You will need to look at a couple of
different websites to be able to fully answer the questions.
What does the term jurisdiction mean?
What kind of jurisdiction do state courts have?
What kind of jurisdiction do the federal courts have (what kinds of cases can they hear)?
How is the US Court system structured?
Draw a picture or cut and paste a diagram on the next page
Helpful websites:
Federal Court
http://www.ushistory.org/gov/9b.asp
http://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts
http://judiciallearningcenter.org/levels-of-the-federal-courts/
Virginia
http://www.courts.state.va.us/courts/home.html
http://www.virginiarules.com/virginia-rules/introduction-to-virginias-judicial-system
Client #1:
Court where case will be heard / tried?
Why this court?
Will the case be heard by a judge or jury?
Client #2:
Court where case will be heard / tried?
Why this court?
Will the case be heard by a judge or jury?
CE.10b The Judicial System - Judicial Review
Name:
Block:
Your client has asked you whether their case is subject
to judicial review. Do some research and watch these videos.
https://www.youtube.com/watch?v=YFFZYJzv8-I http://study.com/academy/lesson/what-is-a-judicialreview-procedure-definition-quiz.html
Other websites:
http://judiciallearningcenter.org/the-power-of-judicial-review/
Be prepared to answer the following questions.
What is the power of “judicial review”?
What court case established the power of judicial review?
Are state laws subject to judicial review?
What is “due process” of law? http://www.merriam-webster.com/dictionary/due%20process
http://www.usconstitution.net/consttop_duep.html
Which Amendment to the US Constitution prohibits the national government from acting in an unfair
manner?
Which Amendment to the US Constitution prohibits state and local governments from acting in an
unfair manner?
The Supreme Court has extended the guarantees of the Bill of Rights, based upon the due
process clause.
If the 4th Amendment prohibits schools from conducting unreasonable searches and seizures of a
student’s possessions or lockers, how does the 5th Amendment come into play?
- See more at: http://www.centerforpubliceducation.org/Main-Menu/Public-education/Thelaw-and-its-influence-on-public-school-districts-An-overview/Search-and-seizure-dueprocess-and-public-schools.html#sthash.QhvTWqE3.dpuf
Marbury v. Madison
Definition: First decision by the Supreme Court to declare a law unconstitutional (1803).
Here is a summary:
 At the very end of his term, President John Adams had made many federal
appointments, including William Marbury as justice of the peace in the
District of Columbia.
 Thomas Jefferson, the new president, refused to recognize the appointment
of Marbury.
 The normal practice of making such appointments was to deliver a
"commission," or notice, of appointment. This was normally done by the
Secretary of State. Jefferson's Secretary of State at the time was James
Madison.
 At the direction of Jefferson, Madison refused to deliver Marbury's
commission. Marbury sued Madison, and the Supreme Court took the case.
Chief Justice John Marshall wrote that the Judiciary Act of 1789, which
spelled out the practice of delivering such commissions for judges and
justices of the peace, was unconstitutional because it the gave the Supreme
Court authority that was denied it by Article III of the Constitution. Thus, the
Supreme Court said, the Judiciary Act of 1789 was illegal and not to be
followed.
This was the first time the Supreme Court struck down a law because it was
unconstitutional. It was the beginning of the practice of "judicial review."
