Thursday March 13, 2014
OBJ: SWBAT Demonstrate their
knowledge of the FB through
formal assessment.
Drill: take five minutes, study,
last chance to ask questions
HW: Federalist Papers #78 and
questions.
Thursday March 13, 2014
• List the objects &
people depicted in
the cartoon
• What is
happening in the
cartoon?
• What is the
artist’s message?
Answer
In football the referees makes
sure that both teams play by
the rules.
In our government the judicial
branch checks the other two
branches by making sure they
follow the Constitution.
Objectives: SWBAT
Describe the structure &
function of federal courts.
Define the difference between
original & appellate
jurisdiction.
The Judicial Branch
Read about the judicial
branch and complete the
worksheet.
How do you become a
federal judge?
What are the qualifications?
Supreme Court
None!
How does someone get appointed
to the Supreme Court?
Appointed by the President
& approved by the Senate

Once approved has job for
life
Only
ways to leave the job is
by resigning, retiring, dying or
being impeached
So can the president make
anyone a Supreme Court
Justice?
Harriet Myers
 Nominated by
George W. Bush
 Previous exp:


Nomination withdrawn b/c
of Senate disapproval

Bush’s personal
lawyer.
Never a judge
No exp with
constitutional law
Jurisdiction
Original vs. Appellate
Judges
Listen to the following
questions about judges.
Put your thumb up if you
think the answer is YES
 Put your thumb down if you
think the answer is NO

Former Ravens
running back
Jamal Lewis
strains to get the
ball across the
plane for a
touchdown.
Why does
Coach
Cowher
throw the
red flag?
What is the
referee doing?
And the decision is…
What does this have
to do with original
and appellate
courts?
Types of Jurisdiction
Original Jurisdiction: The
first court that has authority
to hear a case.
Appellate Jurisdiction: A
court that hears appeals
from a lower court or
government agency.
 What if fans
could fire
referees who
made unpopular
decisions?
 How would this
affect the
referees?
James Bond in a
Honda?
Read the background on
Metro-Goldwyn-Mayer, Inc.
v. American Honda Motor
Co. (1995)
How would you decide
the case?
Examine the 15 pieces of
evidence to determine
whether Honda copied
James Bond.
How did you decide?
1. How many of you decided that
Honda’s ad agency copied James
Bond?


Was any one piece of evidence the
most convincing, or was it all the
evidence taken together?
Is there any one piece of evidence that,
if it was missing, would have changed
your mind?
2. Should Honda be allowed to do this?
Warm/Wrap Up
So… What happened in MGM
v. Honda?
 court here believes that the James
bond is copyrightable under both
story being told test
 character delineation .. Has
distinguishable characteristics and
company can claim long history
Closing
Listen to the following
questions about judges.
Put your thumb up if you
think the answer is YES
 Put your thumb down if you
think the answer is NO

An Independent Judiciary
What does this mean and how is
it achieved?
Chief Justice Rehnquist, 2003
…Without an independent Judiciary,
the Constitution may not have
survived to, as Chief Justice Taft said,
"secur[e] the blessings of individual
liberty to all the people of the United
States under a government of law and
order." And much of the credit is due
to the foresight of the drafters of these
Charters.
What is Judicial
Independence and Why is it
Important?
 Separation of powers

Prevents the other two branches
from pressuring them on how to
decide a case
 Not an elected position

Since federal judges & justices are
appointed, they do not have to worry
about whether the public likes their
decisions