Date post: | 01-Jan-2016 |
Category: |
Documents |
Upload: | clarissa-mitchell |
View: | 212 times |
Download: | 0 times |
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.
Structure of the Judicial Branch
Structure of the Judicial Branch
Marbury vs. Madison
• This case gave the Supreme Court the power of Judicial Review
• Judicial Review = declaring actions or laws unconstitutional
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
Acquitted vs. Convicted
AcquittedThe accused is free from charge of the offense
ConvictedThe verdict that results from the accused being found guilty
Jury Trial vs. Bench Trial
Jury Trial• Trial in which a
jury decides the verdict.
Bench Trial• A trial by a judge
Misdemeanor vs. FelonyMisdemeanor • A lesser criminal
act. Examples: Trespassing, shoplifting.
FelonyA very serious crime. Examples: Rape, murder, theft over $500
Opinion
• Majority• Dissenting - aka
minority report• Concurring
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)
Double Jeopardy
• Can’t be tried for the same exact crime twice.
Plaintiff
• Aka claimant or complainant
• The one who tries to sue
Writ of Habeas Corpus
• Requires that a person under arrest be brought before a judge.
Writ of Centiorari
• Abbreviated (Cert)• A writ seeking judicial
review. Directs lower court to send records for review.
Injunction
• Court order that requires action to remedy a claim.
• Example:Stay 500 feet away from the other person.
Arraignment
• Formal reading of the charges before a trial.
• This is where you plea (guilty, not guilty, nolo contendere) .
Florida Declaration of Rights
• Article I of the Florida Constitution
• Listing of Rights of Residents
Code of Hammurabi
• 1st known written law• Ancient Babylonians
Group Roles for Reading
• Reader• Note taker / Summarizer• Cheerleader / Supporter• Noise Sheriff
District of Columbia vs. Heller
• Defends the 2nd Amendment for traditional lawful purposes.
Plessey vs. Ferguson
• Separate but equal
Brown vs. Board of Education
• Equal access to public education
Miranda vs. Arizona
• You have the right to remain silent during arrest.
• You have the right to speak to a lawyer after arrest.
Hazelwood vs. Kuhlmeier
• School administrators could exercise prior restraint in forums such as school newspapers.
Tinker vs. Des Moines
• Upheld 1st amendment rights in schools.
• Students wore black arm bands to protest the Vietnam War.
US vs. Nixon
• 8-0 ruling against Nixon.
• Was ordered to turn over recorded conversations about Watergate, he appealed.
Gore vs. Bush
Gideon vs. Wainwright
• You get a public defender for trials.
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]
• 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)]
• 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)]
• 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)]