February 11, 2016 Welcome 1. Please copy from Content Library “The Federal Court System.” 2. Paste to Unit 5 Tab 3. You may begin Warm-up 71 February 11, 2016 Warm-up #71 A. Congress checks the power of the executive branch by Override the President’s veto by 2/3s vote of both houses B. List the three Constitutional requirements needed to run for President 1. 35 years old 2. Native (Natural) Born Citizen 3. 14 Years a Resident of the U.S. C. The candidate who wins a majority of the electoral votes will become president is a function of the – Electoral College D. Identifying issues, making political contributions, and lobbying government officials is the purpose of - (FF #92) Interest Group February 11, 2016 Notes Review Please return to your notes “2. Civil and Criminal Law” 1. Complete political cartoons Civil or Criminal? What type of case? Criminal How do you know? There is a sentence given out Civil or Criminal? What type of case? Civil How do you know? There is compensation awarded, not a sentence What term would describe the $15 million? Compensation What term would describe Papa Bear? Plaintiff February 11, 2016 Cinquain Civil v. Criminal Trials Cinquain (sing-cane) – a five line poem following a set pattern Line 1: Single noun which is the subject of the poem Line 2: Two adjectives that describe the first line Line 3: Three action verbs (-ing) Line 4: Four words that convey a feeling Line 5: Single word that refers back to the first line What do you think you know about civil and criminal cases? Most federal cases are civil, not criminal. Many federal cases are civil. For example, a dispute between citizens of different states goes to federal court. Most crimes concern problems that the Constitution leaves to the states to handle. A case can be both civil and criminal. For instance, in 1995 O. J. Simpson was prosecuted for murder and found not guilty. In an entirely separate case, Simpson was also sued civilly for "wrongful death" by the victims' families. At the close of the civil case, in 1997, Simpson was found "liable" for the victims' deaths and ordered to pay millions of dollars in damages. Most civil cases are settled out of court. All criminal cases go to trial. Most civil AND criminal cases never go to trial. Let’s Look at Some Examples of Civil and Criminal Cases… Can you decide which cases are civil, criminal, or both? The defendant attends an arraignment. Criminal While out at a restaurant, Adam slips on peanut shells and breaks his leg. Civil The defendant must pay compensation. Civil The defendant is questioned by the prosecution. Criminal Jury hears the case. Both (or not, if it’s a bench trial) The U. S. Supreme Court 12 Appeals Courts 94 District Courts There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Each court has a judge and each may have jury trials. District Courts have original jurisdiction over most federal cases which means they are usually the first court to hear the case. Most cases start in the District Court. Many people work at the District Court level with different responsibilities. Magistrates issue court orders such as warrants & subpoenas. They also hear preliminary evidence and set bail. lawyer The U.S. Attorney is the government’s _________ and represents the United States in court. The U.S. marshal serves subpoenas, arrests _________ and escorts ______________ suspects defendants to court. Of course, there are also many other people involved in making the court run, such as clerks, secretaries, bailiffs, ….. They can ask a higher court to hear their case and that court is the U.S. Court of Appeals. There are 12 Appeals Courts in the U.S. and each one has a panel of three judges, but no jury. They only have appellate jurisdiction over a given circuit which means they only hear cases that are being appealed. They are never the first court to hear the case. The Court of Appeals only decides if a defendant's ________ rights have been protected and if they received a ______ fair trial. Appellate judges do not decide on guilt or innocence. The judges can rule in three different ways. In their decision, they can: 1. Uphold the lower court’s decision which means the lower court was correct and their decision stands. 2. Overturn the lower court’s decision which means the lower court was not correct and their decision is not valid. 3. Remand the case back to the lower court for a new trial. Is all hope lost?? They can ask the highest court in the land to hear their case – The U.S. Supreme Court Every state has its own supreme court but for the final say, there is only 1 U.S. Supreme Court! The Supreme Court has nine members called justices and no jury. This guy is John Roberts – the Chief Justice. The other 8 are called Associate Justices appellate The Supreme Court usually has ____________ jurisdiction, meaning they usually hear cases that are being appealed from the lower courts. They only hear appeals that involve significant legal constitutional issues. or __________________ (HINT) We have already said the Supreme Court usually hears cases on appeal. (it was on the last slide) In some special cases, the Supreme Court does have original jurisdiction and they are the first court ___________ to hear the case. These cases involve: diplomats from other countries or when a state is involved Now you can use the information you have just learned to answer the questions below the notes. “I Am” Poem I am a District Court I wonder I hear I see I am the Appeals Court I pretend I feel I touch I worry I cry I am the U.S. Supreme Court I understand I say I dream I try I hope I am