The Judicial Branch
Law and Order: Government
Interpreting the laws

Inscribed at the top of the Supreme
Court building are the words, “Equal
justice under law.” These words
epitomize the role of the judicial
branch.
What do they mean to you? What
ideal should the courts strive for?
Review
 Supreme Court: the highest court in the land—
decisions apply to lower courts
 Judicial Review: Most important Supreme Court
duty
 Decide if a law is __________ or not
 Judicial Branch is Article _____ of the Constitution
Meet the Supreme Court
 9 judges total, appointed
by president for life (with
good behavior)
 8 plus one Chief Justice
 Must be confirmed by the
Senate (Judiciary
committee)
 Can be impeached by
Congress
Would your nominees be confirmed?
 How many of you have ever asked one parent or
family member to do something and were denied
and then asked someone else the same thing in the
hopes of getting a different decision? Did it work?
Give an example.
 How do you think this relates to the American
judicial system?
 Types of law:
 Civil law: Deals with the rights of private citizens
 Criminal law: Deals with crimes and their
punishments
 Constitutional law: Meaning of the Constitution
The court system
 Dual court system: Both state and federal courts
 State: State crime, family, wills, traffic
 Federal: Multiple states, ambassadors, federal
crimes, interstate commerce
State courts
 State Trial Court (criminal, family, juvenile, traffic):
 Original jurisdiction (first to hear a case)
 State appellate Court: If dissatisfied with the ruling,
can appeal to this level
 Appellate jurisdiction (reviewing a prior decision in a
case for mistakes)
 State Supreme Court
The federal court system
 U.S. district courts (94 total): Trial courts
 Original jurisdiction
 U.S. circuit courts of appeal (13)
 Appellate jurisdiction
 Supreme Court:
 Appellate jurisdiction
 Usually does not have original jurisdiction except in
cases involving ambassadors or multiple states (Art.
III of Constitution)
How do cases get to the
Original
Jurisdiction
~ 80
Decisions
~80% of cases accepted come
from federal system
<1% of cases accepted
are original jurisdiction
U.S. Supreme Court?
U.S. Circuit Court of Appeals:
12 circuits + Federal Circuit
State Supreme Court –
highest state court
Intermediate Appeals
Court
U.S. District Court
– 94 districts
Federal Trials
FEDERAL: 1 million cases/yr
Streetlaw.com
Trial Courts –
municipal or county
Local Trials
STATES: 30 million cases/yr
How does a case get to the Supreme
Court?
 Hears cases by writ a certiorari (cert)
 “To be made more certain”
 Each year, accepts about 100 cases out of 10,000
petitioned
 “Rule of Four”: 4 of 9 justices must agree to hear
case
The Supreme Court will hear cases if…
 Lower courts are in conflict with each other
 The government may have violated someone’s
rights
 The case concerns all Americans
 The Court needs to establish guidelines on a
controversial issue
You on the case: Landmark Supreme
Court Cases Research

As you take notes, think

about how your specific case
illustrates how cases get to

the Supreme Court.
Regent of the U. of California
v. Bakke:
Tinker v. Des Moines:

Brown v. Board of Education:  New Jersey v. T.L.O:

Mapp v. Ohio:

Hazelwood v. Kuhlmeier:

Gideon v. Wainwright:

Texas v. Johnson:

Miranda v. Arizona:

Citizens United v. the F.E.C.:

Tinker v. Des Moines:

Roe v. Wade:
The Bill of Rights and Landmark Supreme
Court Cases

First Amendment (Speech): Tinker v. Des Moines (1969),
Texas v. Johnson (1989), Citizens United v. the Federal Election
Commission (2010)

First Amendment (Religion): Lynch v. Donnelly (1984)

Fourth Amendment: Mapp v. Ohio (1961)

Fifth Amendment: Miranda v. Arizona (1966)

Sixth Amendment: Gideon v. Wainwright (1963)

Ninth Amendment: Roe v. Wade (1973)

Fourteenth Amendment: Brown v. Board of Education (1954)
The power of judicial review
 Decides if laws are constitutional (permitted by the
Constitution) or not
 Had less power than the other branches until
Marbury v. Madison
 Creates precedents for future courts to follow
 Precedents: Judging based on prior decisions
Marbury v. Madison
 Madison did not deliver federal judge job to
Marbury
 Marbury sued Madison; asked S.C. for writ of
mandamus (court order to force him)
 Judiciary Act of 1789 allowed S.C. to do this
 Chief Justice Marshall’s ruling:
 S.C. did not have original jurisdiction to hear
case/Constitution did not allow writs of mandamus
 Therefore, Judiciary Act of 1789 is unconstitutional
Warm Up
 What category or categories does your case fall
under for cert (from “Will They Hear the Case”)?
 Write important info. on the board
 Name and date of case
 Issue and any important vocab. words
 DO NOT REVEAL THE SIGNIFICANCE YET!
How the Supreme Court decides
 Briefs: Written statements from both sides
 Oral argument: Both sides present case, in 30
minutes
 Conference and majority vote
 Opinion Writing: Explains decision
 Majority opinion: The ruling
 Concurring opinions: Voted with the majority, but
for different reasons
 Dissenting opinions: Voted against the decision
Landmark Cases
 Which of the landmark cases was most “landmark,”
in your opinion? Why?
 What is a common theme or similarity you have
noticed about these cases so far?
Warm Up
 If you were a Supreme Court justice and you had to
decide on a case, what would you base your
decision on?
 Option A: Only what is in the exact text of the
Constitution
 Option B: The Constitution plus your opinion on
what would be best for today’s society
 Explain why.
How do justices decide?
 Ways of interpreting the Constitution:
 Judicial Restraint: Strict interpretation of the
Constitution (originalists)
 Based only on what is in the text
 Judicial Activism/“Living Constitution”: Loose
interpretation of the Constitution
 Goes beyond the text to look at broader social
consequences
Review!
 Define:
 Petitioner and respondent
 Majority opinion
 Concurring opinion
 Dissenting opinion
 Watch the Stephen Colbert interview with retired
justice John Paul Stevens.
 Court cases mentioned: Bush v. Gore, Citizens
United
 List terms/concepts/ideas from the interview you
recognize learning in class.
Our Supreme Court

Sotomayor:

Thomas:

Roberts:

Alito:

Kagan:

Ginsburg:

Breyer:

Kennedy:

Scalia:
Attorneys and Reporters
 Petitioner:
 Respondent:
 Reporters:
Moot Court Roles

Supreme Court (9):



Attorneys for the petitioner (2) and attorneys for the respondent (2):



Job: Create questions, rule on the case
Assignment: Write your opinion on the case (majority, concurring,
dissenting)
Job: Create arguments and try to persuade the court to rule in favor of
your client
Assignment: Write a “brief” summarizing the arguments and a statement
on the case (to be released to the press) explaining your opinion of the
ruling
Reporter (0):


Job: Listen and take extensive notes during oral arguments
Assignment: Write a news article explaining what happened during oral
arguments, the result and significance of the case
Warm Up
 We are starting Moot Court today! Why is this case
worthy of being granted “cert”? Look at categories
and list all that apply.
Review
 Marbury v. Madison is significant because it
established __________________.
 Justice Kagan’s dissenting opinion
Moot Court Rules
 1. Brief meeting with group
 2. Petitioner
 Opening statement (brief)
 Questioning/Oral Argument (15-20 min.)
 3. Respondent
 Opening statement (brief)
 Questioning/Oral Argument (15-20 min.)
 4. Justices Discuss and decide by vote (20 min.)
 6. Debrief and homework
Post-Moot Court Debrief
 Did the Court rule based on judicial restraint or activism?
Why?
 What might be the consequences of the Court’s
decision? To each side? To society?
 Why was this case worthy of “cert”? Do you think this is
or will be a landmark significant case? Why or why not?
 Share opinions: majority, concurring, dissenting
Moot Court vs. Real Court
 Highlight/number as many arguments as you can.
 Most persuasive argument in the majority opinion:
 Most persuasive argument in the dissenting
opinion:
 What is one argument in the majority opinion that
we did not have in Moot Court?
 What is one argument in the dissenting opinion that
we did not have in Moot Court?
Attorney Homework
 Did you make your case based on constitutional
principles (amendments), legal precedents (prior
cases), or your own personal opinion? Explain.
 Was it difficult to argue for your side? Explain.
 What is your opinion of the court’s decision?
 What was the significance of the Court's decision?
Did the decision change the meaning of the
Constitution?
Reporter Homework
 What happened during oral arguments?
 Explain the arguments from each side.
 Use three quotes to explain the justice’s position.
 Explain the decision and how it will affect the
country (significance).
Justices Homework
 Explain your ruling and how you ruled the way you
did.
 Did you make your decision based on constitutional
principles (amendments), legal precedents (prior cases),
or your own personal opinion? Explain.
 Did you make your decision based on constitutional principles
(amendments), legal precedents (prior cases), or your own
personal opinion? Explain.
In a CRIMINAL case…
 The first step in the process is “arrest”
Step 1: Arrest
 In the U.S. justice system, a defendant is innocent
until proven guilty.
 “Probable cause” must exist – Reasonable belief that
a crime has been committed
Probable Cause Case Study
Case Study Questions
Step 2: Arraignment
 Arraignment – first appearance before a judge
 Purpose:
 1- determine if probable cause exists
 2 – determine appropriate
bond
 8th Amendment
 Bond determined by:
 Prior criminal history
 Seriousness of offence
 Strength of evidence
 Ties to community
Step 3: Pre-trial/plea bargaining
 Defendant and attorney can bargain with
prosecutor (state)
 Purpose to end a case before trial begins
 95%-98% decided this way
 Punishment is far worse if you are found guilty by a
jury rather than punishment determined by plea
bargain
 In your journal:
Is this justice? Under what circumstances might an
innocent person plead guilty?
Plea Bargaining Case Study
Step 4: The Trial
 Cases not plea bargained are tried through the trial process.
 In Connecticut, 6 jurors with two alternates for non-murder
cases
 12 jurors for murder cases
 “Burden of Proof” rests with state.
 All jurors must agree on verdict
 A “split” jury results in a mistrial, allowing the case to be re-
tried
Step 5: The appeal
 If a defendant is convicted after the trial, does he have any
recourse?
Yes! He may file an appeal. In order to raise an issue on appeal there
must be a legal basis. The legal issue must exist in the record of the trial.
(transcripts, evidence, documents)
At this stage, the defendant bears the “burden of proof”
Ex: Jury did not represent a “jury of peers”, evidence was insufficient…
New trial: DNA or other new evidence