Announcement
Introductory Presentations for Research Proposal will
be next week:
WEDNESDAY 2/18 or THURSDAY 2/19 (block days)
Intro Presentation Guidelines
You will give a five minute oral presentation to your
classmates, which may include an electronic element
(such as a Prezi or PowerPoint) as support. This
presentation is expected to be an overview of your
research topic, including the different views on the
topic and the stance you will be taking as you move
forward with your research. We understand that you
may change your stance as you acquire more
information, but we want background for subsequent
stages.
For Today…

1. Review Foreign Policy stations

2. Begin working on speech

3. Begin working on Supreme Court Case project
For Today…

1. Work on Supreme Court Case Project
 Assigned
cases with your research project group
 Due week of 2/23
 Look through the samples- but do not copy!
 Help your classmates out!

2. Other option: work on intro. presentation
 Present

on block days
Tomorrow: Judicial Branch
Reminders

Supreme Court Case project
 Due
week of 2/23
 One page with all necessary information
 Make it look nice!

Intro presentation on block days
5
minutes
 Both sides to the issue, your stance
Current Events

ISIS
 Obama
asked for permission to continue airstrikes in
Iraq and Syria
 Proposal: President can use military force against ISIS
for 3 years- doesn’t mean combat troops
 Could
 Rep-
send in Special Ops
some wish he would allow ground troops
 Dem- some think he went too far by asking for
permission to send in forces under certain circumstances
THE JUDICIAL BRANCH
Chapter 7
Who is included in the Judicial Branch?
Imagine a society without rules…

In about 1-2 GOOD paragraphs, imagine a society
without rules or laws. Compare and contrast it with
our society of today.
 How
would it be different?
 Potential Problems/Advantages
 Impact on individuals, society as a whole, government,
etc.

Be prepared to discuss with the class
Equal Justice Under The Law


All people are created equal…thus, our judicial
system protects citizens under a set of laws/rules
Laws define OUR rights and freedoms
Why do we have laws?


Laws promote the common good, protect you
physically and personally, protect your rights, and
set limits on behavior
Questions as to where our rights end due to
infringing on others
 Freedom
to play music v. Neighbor’s right to enjoy
peaceful surroundings
This was a recent case!
What are the differences between
civil and criminal laws?
Civil v. Criminal Law
Civil Law



Disputes between
people ($)
Judge and/or jury
listen to arguments of
both sides (facts of the
case)
Settles personal issues
Criminal Law

Defines crimes
 Behaviors
that are
illegal because society
finds it to be harmful


Outlines
trial/punishment
Protect society as a
whole
QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?
Civil Law Examples


A person who is hurt in
a car accident sues the
driver of the other car
A worker sues his
employer after the
worker hurts his back
at work and can never
work again
Criminal Law Examples




Drunk driving
Murder
Arson
Selling illegal drugs
OJ Simpson’s Trial(s)

Trial for murdering Nicole Brown and Ron Goldman
People of the State of California v. Orenthal James Simpson

First trial was a criminal trial (murder trial)
Acquitted- needed to be found guilty beyond a reasonable
doubt
 Innocent until proven guilty
 Could not face another criminal trial for same crime- WHY?


Families then filed a civil suit (wrongful death trial)
Finding: wrongfully caused his wife's death by a
"preponderance of the evidence”
 $25 million in damages

Civil or Criminal Law?

A landlord is having a disagreement with his
tenant over noise complaints Civil

A landlord accuses his tenant of theft for stealing
objects from the main lobby Criminal

A divorce proceeding

A woman accuses her neighbor of assault Criminal

A child custody proceeding Civil
Civil
Block Day
Introductory Presentations

You will receive a grade for the presentation (30
points) as well as a class participation grade
(10 points)
Judicial Branch
Write down (in complete sentences) 5 facts about the judicial branch
Remainder of Class

Work on Supreme Court Case project on
laptops
 Due
next Friday
Look at the samples
 Remember to make it look nice!

Outline for the next week
Subject to change





Monday 2/23- Finish presentations, finish 7.1 notes
Tuesday 2/24- Start 7.2 notes
Wednesday 2/25- Writing Center- SC justice activity,
finish SC case project
Thursday 2/26- Library- SC justice activity due, Current
Events
Friday 2/27- SC case project due, CE due, discussions
Presentation Comments

Good discussions

Good PowerPoints
Limit amount of writing
 Try not to read word-for-word
 Eye contact with audience!!


Presentation should be well rehearsed

Should show a deep understanding of the topic

Length of presentation!
Sources of the Law

Principles of Laws are set forth in the Constitution

Four principal types of law:
 Statutory
 Common
 Administrative
 Constitutional

Constitutional Law is the supreme law of the land
Statutory Law

Laws passed by lawmaking bodies are known as
statutes (written laws)
 Can


be passed by Congress, state, or local gov’t
Most criminal laws and many civil laws fall into this
category
Usually represent the majority rule, so they can
change over time through the adoption of a new
law
QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?
Common Law

We cannot have a statute for every type of wrongdoing
in our society…just imagine how long that list of laws
would be


Thus, courts often need to make decisions based off common
sense, traditions, and past decisions…this practice is known as
common law
Precedent: Earlier Decision
Often, judges will use precedent to help them make decisions
in court cases
 Over time, the ruling becomes a customary law (common law)

QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?
Common Law Example


Before automobiles became a major form of
transportation, there were no laws about driving
them. If an automobile ran into a horse and wagon,
the driver of the automobile might argue that the
case should be dismissed.
The judge might reply that there is an established
principle that people cannot use their property to
injure others. The judge would apply tradition and
common sense in such a case.
Administrative Law


Administrative laws are created by government
agencies/commissions and not official legislatures
Many of these laws affect our daily lives, much like
statutory laws, since the agencies are overseeing
some aspect of our society
QUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE LAW?
Administrative Law Example

Consumer Product Safety Commission (CPSC) uses
administrative law when it rules that a particular
toy is unsafe and must be taken off the market
immediately
Constitutional Law


SUPREME LAW OF THE UNITED STATES
Based on the Constitution and how the Supreme
Court interprets the Constitution
6th Amendment’s right to “assistance of
counsel” for their defense and the SC interpretation
that states must give free legal aid to those unable to
afford a lawyer (Gideon v. Wainwright)
 Example:
QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL LAW?
The Role of Courts


Cases can be people v. people; people v.
government; government v. government
In a criminal case, it is society v. individual
 Society
represented by attorney for government (often
the District Attorney)
Ie: The State vs. Casey Anthony

In civil dispute, both sides have options of having an
attorney or representing themselves
Trial Rights

Criminal Case
 Accused
have right to attorney, right to confront
accuser, and right to a jury
 Always presumed to be innocent…job of accuser to
prove “beyond a reasonable doubt” that the person is
guilty
 Right to appeal if convicted
 Appeal:
process by which the person asks a higher court to
review the result of the trial
 Higher court may change ruling
 Appeal process ensures trials are decided fairly
Key Definitions



Jurisdiction: Extent or scope of authority that a court
has to hear and decide a case that has properly
been brought before it
Original Jurisdiction: authority to hear and decide a
case for the first time
Appellate Jurisdiction: authority to review decisions
made by lower courts
THE FEDERAL COURT SYSTEM
Review

What are the 4 principle types of law?
 Statutory- written law; set forth by a lawmaking
body
 Common- established by past precedent, tradition,
common sense
 Administrative- established by an independent
agency
 Constitutional- supreme law of the land;
established by the constitution
The Federal Court System
3
2
1
THE SUPREME COURT
U.S. COURT OF APPEALS
U.S. DISTRICT COURTS
U.S. District Courts

Set up by Congress

Federal District Courts
 Lowest
level of US federal courts
 Trial courts for original jurisdiction (no appeals in district
courts)
 Only federal court in which jury trials are held
 94 Total in United States (each state has at least 1)
3
District Courts in PA
 *Formal
of PA)
name is “US District Court for…(the Eastern District
Add this to your notes!

Review: what is jurisdiction?
 Extent
or scope of authority that a court has to hear
and decide a case (aka: what cases the court can hear)

The district courts have original jurisdiction over:
 Civil
actions arising under Constitution
 Civil actions between citizens of different states
 Criminal prosecutions brought by the US
 Civil actions in which the US is a party
District Judges

Federal District Judges are appointed by the
President and get approved by Senate
 Can

only be removed via impeachment by Congress
Trial judges that oversee civil and criminal trials
 Apply
the law to the facts of the case
 Can be with or without juries
 Decides punishment in criminal cases
US District Judge for the Eastern District
of PA



Includes Chester County
Petrese B. Tucker
Nominated by President
Clinton in 1999 and
confirmed by the Senate
U.S. Court of Appeals

Losing party in district court has right to appeal


12 Judicial Circuits


US Court of Appeals reviews decision by lower courts
(Appellate Jurisdiction)
PA in judicial circuit 3, along with New Jersey & Delaware
Each court of appeals will have anywhere from 6 to 28
judges

Longest serving member under 65 years of age is the senior
judge
U.S. Courts of Appeals
Which circuit is the largest? The smallest?
Process of Court of Appeals





Losing party appeals
Panel of at least 3 judges examines records of district court
and hears arguments from both sides
Do not decide guilt, but rather if the trial was fair and law was
properly interpreted
Majority vote for decision
May be sent back to new trial in district court (remand) or
uphold the court’s decisions

This may get appealed again to the Supreme Court
Check Yourself: Trial Court or Court of
Appeals?

Jury

Oral argument APPEAL

Affirm, reverse, remand APPEAL

Testimony TRIAL

Evidence TRIAL

Panel Review APPEAL
TRIAL
The Supreme Court

Highest court of the United States
 Consists
of nine justices, appointed for life
 Chief Justice is the principal judge on the case
 Today:
John Roberts
 Reviews
cases that have been tried in lower federal
courts and in state courts most of the time
 3 Exceptions for SC original jurisdiction
1.
2.
3.
Diplomats from other countries
Cases between states
State v. Federal Gov’t cases
Supreme Court Justices: Qualifications


What qualities should a Supreme Court justice
have?
Which do you believe are required by the
constitution?
Qualifications

No Special Requirements


None granted by constitution
President usually considers recommendation and
evaluation of the American Bar Association’s (ABA’s)
Standing Committee. They list the following suggestions:
Member in good standing in the state bar for at least 5 years
 Practicing trial attorney and/or trial judge for at least 12
years
 Competent citizen of good character, integrity, reason,
intelligence, and judgment
 Distinguished accomplishments
 Required to be a legal scholar

Qualifications

Appointed by President, approval by Senate
 Appointed

for life
Removal by resignation, death, or impeachment
only
Supreme Court Justices: Age

No minimum or maximum age
 Most
nominees are under age 60. Why?
 Most are in their 40s or 50s when appointed


Youngest justice appointed was Joseph Story at age
32 in 1812
Oldest justice appointed with Charles Evan Hughes
at age 67 in 1930
Supreme Court Justices: Gender


To date, there have been 112 justices (including 17
Chief Justices)
108 have been men; 4 have been women
Supreme Court Justices: Number

Review: how many justices are on the Supreme Court?





9
Constitution doesn’t require a maximum/minimum
Judiciary Act of 1789 set the number at 6
Congress raised it to 9 in 1837
Which president bumped the number to 12 with his
court packing plan?
FDR- wanted 15 justices
 Congress said no

Sonia Sotomayor
Obama, 2009
Clarence Thomas
Bush, 1991
Stephen Breyer
Clinton, 1994
Samuel Anthony Alito Jr
W. Bush, 2006
Anthony Kennedy
Antonin Scalia John Roberts
Reagan, 1986 W. Bush, 2005 Reagan, 1988
Elena Kagan
Obama, 2010
Ruth Bader Ginsburg
Clinton, 1993
Discussion Questions (this is on the next
page in your packet)


Do you think we should set qualifications for Supreme
Court Justices? Why or why not?
Should Supreme Court Justices be appointed for life?
Why or why not?
Wednesday 2/25

Writing Center
You will be gathering information on the Supreme
Court justices and filling in the graphic organizer
This will be checked Thursday in class

Other option: work on Supreme Court case project


 Due
Friday
 One page- be creative!

Tomorrow: Head straight to the library classroom!
Thursday 2/26

Find a current event (must be from 2015) on one of the
following topics:
ISIS
 Immigration Act
 Russia v. Ukraine


Form is on my webpage




**writing discussion questions
Be prepared to discuss this in class tomorrow
Due FRIDAY
Reminder: Supreme Court Case project due tomorrow as well
Friday 2/27

Looking ahead…Chapter 7 test on 3/6 or 3/9

Next step in research project
 Due
Friday 3/6
Next Step in Research Project
Check-in on Friday 3/6
“The check-in will utilize a submission of your research
to date. This check-in is merely a way for us to ensure
good research techniques are being used throughout
the process. This check-in will include a preview of
your annotated bibliography and fact sheet on
governmental actions. Insufficient progress may
require an additional submission.”

Annotated Bibliography


When you hand in the final bibliography, you
should have at least 8 sources, including 2 that
outline opposing views to your stance. You should
have multiple sources that focus on each branch of
government, other actors (NGOs, special interest
groups), and public opinion on the issue.
Must use MLA format and each annotation should
include a paraphrased summary and analysis
between 100-150 words
Fact Sheet





Can be a written paper, brochure, or informational
packet
Must include all branches of government, special
interest groups, and public opinion
Must include at least 3 supporting graphics that can
be used as visuals during your final presentation
If you opt to write a paper, the expected length is 3
pages (not including graphics)
A brochure or packet would have equivalent
amount of information to the 3 page paper
The Justices

Discussion of SC Justices
 What
were you surprised to learn?
 What stood out to you?
 What similarities existed between the justices?
 What differences existed between the justices?
Justice Ginsburg
Justice Scalia

Current Event discussion
 ISIS
 Immigration
Act
 Russia v. Ukraine
Monday 3/2


If you didn't hand in your Supreme Court Case project sheet or current
event- do so ASAP
Outline for the week:

Monday- Continue with 7.2

Tuesday- Finish 7.2

Wednesday/Thursday- Work on test review and work on
research project check-in

Friday- Research project check in due; Chapter 7 test
review

Monday- Chapter 7 Test
Next Step in Research Project
Check-in on Friday 3/6
“The check-in will utilize a submission of your research
to date. This check-in is merely a way for us to ensure
good research techniques are being used throughout
the process. This check-in will include a preview of
your annotated bibliography and fact sheet on
governmental actions. Insufficient progress may
require an additional submission.”

Annotated Bibliography


When you hand in the final bibliography, you
should have at least 8 sources, including 2 that
outline opposing views to your stance. You should
have multiple sources that focus on each branch of
government, other actors (NGOs, special interest
groups), and public opinion on the issue.
Must use MLA format and each annotation should
include a paraphrased summary and analysis
between 100-150 words
Fact Sheet





Can be a written paper, brochure, or informational
packet
Must include all branches of government, special
interest groups, and public opinion
Must include at least 3 supporting graphics that can
be used as visuals during your final presentation
If you opt to write a paper, the expected length is 3
pages (not including graphics)
A brochure or packet would have equivalent
amount of information to the 3 page paper
Review from last week






How many Supreme Court justices are there? 9
How many women are currently on the
Supreme Court? Name them. 3- Ginsburg, Sotomayor, Kagan
What are the constitutional requirements to
be a Supreme Court justice? None
What is original jurisdiction? Reviewing a case for the first time
What is appellate jurisdiction? Reviewing a case that has been
repealed
Name one instance in which the Supreme 1. Diplomats from other
countries
Court has original jurisdiction
2. Cases between states
3. State v.
Federal Gov’t cases
Judicial Review


Power where the Supreme Court can decide whether or
not a law is in agreement with the Constitution
How did they get this power?
 John
Marshall in the case of Marbury v. Madison
 Marbury
named justice of peace by John Adams
 Jefferson tells Sec of State Madison to deny appointment
 Marbury claims Judiciary Act of 1789 gives court power to order
Madison to fulfill appointment
 Marshall says it was not granted by Constitution—declares act of
Congress unconstitutional
Judicial Review activity


As a class, we will read Marbury v. Madison (1803)
Then, in small groups, complete the activity on the
back page
Questions



Do you think we should set qualifications for
Supreme Court Justices? Why or why not?
Should Supreme Court Justices be appointed
for life? Why or why not?
When deciding cases, how should the
Constitution be interpreted?
 Should
it be word-for-word as written or interpreted for
meaning (including modern times)?
Review from yesterday - 7.2
Judicial Review


Power where the Supreme Court can decide whether or
not a law is in agreement with the Constitution
How did they get this power?

John Marshall in the case of Marbury v. Madison
Marbury named justice of peace by John Adams
 Jefferson tells Sec of State Madison to deny appointment
 Marbury claims Judiciary Act of 1789 gives court power to order
Madison to fulfill appointment
 Marshall says it was not granted by Constitution—declares act of
Congress unconstitutional

Interpreting the Constitution: Handout 2

Originalism- Scalia, Thomas, Alito, Roberts



Living Constitutionalism- Ginsburg, Breyer, Sotomayor, Kagan



Views the Constitution’s meaning as fixed as of the time of
enactment
A quest to determine the meaning of the phrases, which cannot
change except through formal amendment
Dynamic
Contemporary society should be taken into account when
interpreting key constitutional phrases
Swing vote: Kennedy- tends to be more conservative

Sandra Day O' Connor was left leaning but also a swing vote in many
cases
Interpreting the Constitution







CSPAN video
Justice Scalia is considered an originalist
Justice Breyer is considered a living constitutionalist
Fill out the viewing guide as you watch :
Justice Scalia will begin by talking about who he’s thinking of when he
reads “We, the People” in the Constitution, and what those people thought
about the death penalty.
Justice Breyer will talk about how the Constitution must last indefinitely. He
will list six things judges look at in difficult cases. Write them down in the
chart. He will also mention which four of those Justice Scalia prefers to
consider. Write them down in the chart.
Both justices will then outline Justice Scalia’s problems with Justice Breyer’s
approach. Describe Justice Scalia’s concerns.
Which approach is better?


In small groups, work on “Handout 4: Evaluating
Opinions”
Determine whether each statement is consistent with
the thoughts of an Originalist (O) or a Living
Constitutionalist (LC)
Pick & Choose Your Case…

Over 7,000 cases are filed each year to the SC
 Court
takes cases that deal with important constitutional
or national questions
 Minimum of four justices must vote to hear a particular
case
 If refused, lower court decision will remain in effect
 Remand: return a case to the lower court for a new trial
Hearing a Case…

Supreme Court hears cases by oral arguments
 Each
side given equal time
 Justices will then read written arguments and consider
arguments said in court
 Eventually, they will take a vote and a simple majority
wins

After all of this, the Court will share the opinion
 Reasoning
used to come to that decision
Most Common Types of Opinions

Court’s Opinion (Majority Opinion)
Written by senior member in majority or Chief Justice (could
assign to someone else if they choose)
 Details reasoning for decision


Concurring Opinion


Agrees with decision, but not the reasoning behind it
Dissenting Opinion
Explains why the justices in the majority opinion are wrong
 Has zero effect on law, but is important if case gets review
later

Checks and Balances Revisited

Executive Branch
 Appoints

Federal Judges
Legislative Branch
 Senate
confirmation
 Rewriting of “unconstitutional” laws
 Amend the Constitution
How the Court Changes Over Time

Civil Rights and Segregation
 Scott
v. Sandford (1857)
 Slaves
were not US citizens (they were property), thus they
cannot sue
 Plessy
v. Ferguson (1896)
 “Separate
 Brown
but equal” doctrine
v. Board of Education (1954)
 Segregated
schools were not equal—reversed Plessy ruling
Remainder of Class

Chapter 7 Review Sheet
 Test
Monday
 If there isn’t school tomorrow…test will be on Tuesday
(we will review Monday)

Work in writing center on annotated bibliography
and fact sheet- due Friday (or the next time we
meet in class)
Today in class: Monday 3/9

Work through Chapter 7 Review sheet
 Gather
any questions you have- bring these tomorrow for a
review

Writing Center
 Work
on the annotated bibliography and fact sheet
 Due tomorrow!
 Make sure to be original- no copying and pasting without
citing sources

Update: Chapter 7 test on Wednesday (multiple
choice, short answer)
Tuesday 3/10


Court Case Scenarios
Review questions for Chapter 7 Test on
WEDNESDAY
Tough Decisions to Make


Many schools passed laws requiring children to salute
the American flag in schools each day. Many
organizations supported this patriotic measure, while
many others opposed. One such group was the
Jehovah’s Witnesses who believe that biblical
prohibition of worshipping images forbids them from
saluting the flag. With schools requiring the salute, a
parent of two Jehovah’s Witnesses challenged the law
in court.
How should the court rule? Explain.
Tough Decisions to Make


A group decides to picket a funeral of a deceased
soldier killed in military service. They say that “God
kills American Soldiers because of America’s tolerance
of homosexuality”. They picket on public property,
maintaining a distance away from the cemetery, but
close enough to be seen by those going to and from the
service. They wave signs such as “Thank God for Dead
Soldiers”, “Thank God for 9/11”, “God Hates the
United States”, “You’re Going to Hell”, and others that
speak negatively of the current state of the nation.
How should the court rule? Explain.
Tough Decisions to Make


While gathering evidence for the prosecution of a
suspect, the FBI bugs a telephone booth by attaching a
microphone and tape recorder to the outside of the
booth knowing the suspect will use a private number
instead of his own for illicit activities. The FBI did not
have a warrant and the information obtained in the
search is to be used in courts. The defendant argues
this constitutes an illegal search since it is a public
telephone and violates his right to privacy.
How should the court rule? Explain.
Tough Decisions to Make


The Amish community often consists of close-knit families
where religion is a keystone to their daily lives and their
culture differs greatly from “traditional American” culture.
One part of the difference is that the Amish only believe
in educating their children until 8th grade and exclusively
in Amish schools. Many states, such as Pennsylvania,
require students to attend high school until at least 16
years old. The Amish population believes public high
schools may threaten the beliefs of their youth, so they
openly keep them out of school in violation of the law.
Can the Amish legally opt to not have their youth be
educated past 8th grade?
How should the courts rule? Explain.
Tough Decisions to Make
A student gives this speech to the student body to nominate his friend for class
officer:
I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character
is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff
Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an
issue and nail it to the wall. He doesn't attack things in spurts - he drives hard,
pushing and pushing until finally - he succeeds. Jeff is a man who will go to the
very end - even the climax, for each and every one of you. So please vote for
Jeff Kuhlman, as he'll never come [long pause] between us and the best our
school can be. He is firm enough to give it everything.
The school suspends the student and bars him from speaking at graduation and
other school functions. Is this a violation of his rights?
How should the courts rule? Explain.