unit 9 – judicial branch the student will understand the role and structure of the judicial branch...
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Unit 9 – Judicial Branch
The student will understand the role and structure of the Judicial Branch and how the
American legal system protects citizens’ rights and freedoms.
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Structure of the Judicial Branch
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Structure of the Judicial Branch
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Marbury vs. Madison
• This case gave the Supreme Court the power of Judicial Review
• Judicial Review = declaring actions or laws unconstitutional
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Civil Case vs. Criminal Case
Civil Case• Plaintiff (person
harmed) demands remedy
• Lawsuit granting compensation or equity
Criminal Case• Resolves
accusations (usually from the government) for criminal offenses
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Acquitted vs. Convicted
AcquittedThe accused is free from charge of the offense
ConvictedThe verdict that results from the accused being found guilty
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Jury Trial vs. Bench Trial
Jury Trial• Trial in which a
jury decides the verdict.
Bench Trial• A trial by a judge
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Misdemeanor vs. FelonyMisdemeanor • A lesser criminal
act. Examples: Trespassing, shoplifting.
FelonyA very serious crime. Examples: Rape, murder, theft over $500
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Opinion
• Majority• Dissenting - aka
minority report• Concurring
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Qualifications for jury duty
• be a United States citizen; • be at least 18 years of age; • reside primarily in the judicial district for one year; • be adequately proficient in English to satisfactorily
complete the juror qualification form; • have no disqualifying mental or physical condition; • not currently be subject to felony charges punishable by
imprisonment for more than one year; and • never have been convicted of a felony (unless civil rights
have been legally restored)
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Double Jeopardy
• Can’t be tried for the same exact crime twice.
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Plaintiff
• Aka claimant or complainant
• The one who tries to sue
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Writ of Habeas Corpus
• Requires that a person under arrest be brought before a judge.
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Writ of Centiorari
• Abbreviated (Cert)• A writ seeking judicial
review. Directs lower court to send records for review.
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Injunction
• Court order that requires action to remedy a claim.
• Example:Stay 500 feet away from the other person.
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Arraignment
• Formal reading of the charges before a trial.
• This is where you plea (guilty, not guilty, nolo contendere) .
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Florida Declaration of Rights
• Article I of the Florida Constitution
• Listing of Rights of Residents
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Code of Hammurabi
• 1st known written law• Ancient Babylonians
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Group Roles for Reading
• Reader• Note taker / Summarizer• Cheerleader / Supporter• Noise Sheriff
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District of Columbia vs. Heller
• Defends the 2nd Amendment for traditional lawful purposes.
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Plessey vs. Ferguson
• Separate but equal
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Brown vs. Board of Education
• Equal access to public education
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Miranda vs. Arizona
• You have the right to remain silent during arrest.
• You have the right to speak to a lawyer after arrest.
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Hazelwood vs. Kuhlmeier
• School administrators could exercise prior restraint in forums such as school newspapers.
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Tinker vs. Des Moines
• Upheld 1st amendment rights in schools.
• Students wore black arm bands to protest the Vietnam War.
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US vs. Nixon
• 8-0 ruling against Nixon.
• Was ordered to turn over recorded conversations about Watergate, he appealed.
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Gore vs. Bush
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Gideon vs. Wainwright
• You get a public defender for trials.
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The Constitution
• Article I [The Legislative Branch] • Article II [The Presidency] • Article III [The Judiciary] • Article IV [The States] • Article V [The Amendment Process]• Article VI [Legal Status of the Constitution]• Article VII [Ratification]
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• Amendment I [Religion, Speech, Press, Assembly, Petition (1791)]
• Amendment III [Quartering of Troops (1791)] • Amendment II [Right to Bear Arms (1791)] • Amendment IV [Search and Seizure (1791)] • Amendment V [Grand Jury, Double Jeopardy, Self-Incrimination,
Due Process (1791)] • Amendment VI [Criminal Prosecutions - Jury Trial, Right to
Confront and to Counsel (1791)] • Amendment VII [Common Law Suits - Jury Trial (1791)] • Amendment VIII [Excess Bail or Fines, Cruel and Unusual
Punishment (1791)] • Amendment IX [Non-Enumerated Rights (1791)] • Amendment X [Rights Reserved to States (1791)]
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• Amendment XI [Suits Against a State (1795)] • Amendment XII [Election of President and Vice-
President (1804)] • Amendment XIII [Abolition of Slavery (1865)] • Amendment XIV [Privileges and Immunities,
Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868)]
• Amendment XV [Rights Not to Be Denied on Account of Race (1870)]
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• Amendment XVI [Income Tax (1913)] • Amendment XVII [Election of Senators (1913) • Amendment XVIII [Prohibition (1919)] • Amendment XIX [Women's Right to Vote (1920) • Amendment XX [Presidential Term and Succession
(1933)] • Amendment XXI [Repeal of Prohibition (1933)] • Amendment XXII [Two Term Limit on President (1951)] • Amendment XXIII [Presidential Vote in D.C. (1961)] • Amendment XXIV [Poll Tax (1964)] • Amendment XXV [Presidential Succession (1967)] • Amendment XXVI [Right to Vote at Age 18 (1971)] • Amendment XXVII [Compensation of Members of
Congress (1992)]