Civics and Government - Unit 11
American Law: The Federal Judiciary and the U.S. Supreme Court
K.U.D.
Know(Concepts)The “Know” are the facts and figures related to the topics. These are ideas that can easily be researched to find the answer. They are those bits of general information that are “good to know.”
(Facts, Definitions, Dates, Names, Places)
(Written as noun phrases.) / Understand(Big Ideas)
“Understand” refers to the concepts and the “Big Ideas” of the unit. In ten years from now, this is what you want your students to remember.
(Concepts, Abstract Big Ideas, Makes learning meaningful to students, Connects topic to other topics.)
(Written as a complete sentence.) / Do(Competencies)
The “Do” section of the objective refers to the actual skills needed to learn. These are measurable actions students will complete to investigate a topic.
(Skills, Actions, Performance)
(Written as verb phrases.)
1) A law is a set of rules and standards by which society is governed; it defines the citizens’ rights and obligation.
2) The historical sources of American law include Greek Law, Roman Law, (English) Common Law, (English) Equity Law, Constitutional Law, Statutory Law, and Case Law.
3) The function of law in America is to resolve / minimize conflict, protect rights, limit government, and promote the general welfare.
4) Article III of the U.S. Constitution created the U.S. Supreme Court; the power to create lower or lesser courts was left to the legislative branch.
5) The Judiciary Act of 1789 constructed a three-tiered federal judiciary by adding trial and appellate level courts.
6) A primary feature of the U.S. judicial system is that it is an adversarial system – two parties in conflict must bring the matter to court.
7) Judicial review is the single most powerful tool that the courts have to work with. Judicial review allows the courts to strike down laws and actions by the government that they believe violate the U.S. or state constitution.
8) The power of judicial review is not in the U.S. Constitution. In the landmark decision, Marbury v. Madison (1803), the U.S. Supreme Court granted itself the power of judicial review.
9) The three levels of the federal judiciary include District Courts, Court of Appeals, and the U.S. Supreme Court.
10) Jurisdiction is the authority to hear cases. The federal government has limit jurisdiction.
11) Standing is the legal requirement that must be met before an individual can petition the court for redress. There are four basic requirements: there must be a conflict, a plaintiff must have been harmed, the conflict cannot be resolved, and there must be a specific plea alleged in the complaint.
12) All federal judges are appointed by the U.S. President and serve for life. A federal judge may be impeach / removed for misconduct.
13) As of 2011, federal judges earn $174,000.00 a year in salary.
14) Most the customs, practices, and traditions of the U.S. Supreme Court were established by Chief Justice John Marshall who served from 1801 to 1835.
15) The U.S. Supreme Court term begins on the first Monday of each October and normally ends in July. During that time the court typically decides 80 to 100 cases.
16) The U.S. Supreme Court has two types of jurisdiction: Original and Appellate.
17) Original jurisdiction allows cases to be brought directly to the Supreme Court without first going through lower courts. These include: cases arising under treaties, cases affecting ambassadors, cases of maritime jurisdiction, cases between two states, etc.
18) Appellate Jurisdiction involves cases that are appealed to the U.S. Supreme Court from a lower Court of Appeals. Most cases arrive at the U.S. Supreme Court this way.
19) Only about 1% of all petitions to the U.S. Supreme Court are accepted.
20) A writ of certiorari is an order from the Supreme Court requiring a lower court to send a record of a case to review.
21) At least four justices must believe an appeal has merit for a case to be considered. This is known as the Rule of Four.
22) Oral arguments before the U.S. Supreme Court last sixty minutes with each side getting the opportunity to make their case before the bench.
23) Once a case has been accepted by the Supreme Court the lengthy process beings with the drafting of legal briefs by both parties. These briefs hundreds of pages and layout legal, Constitutional, and historical arguments as to why the court should rule in their favor.
24) The Supreme Court’s decision on a case usually takes months to be issued although the actual vote by the members of the court normally takes place a week after oral arguments.
25) When issuing a decision, the Court also issues an explanation as to why they voted the way they did. These explanations are known as opinions.
26) There are four types of opinions unanimous, majority, concurring, and dissenting.
27) Judicial Activism is the accusation leveled against judges that they are too liberally interpreting the intent of the Framers when making judgments. It other words, they are creating law instead of simply interpreting it.
28) Restraintist or Originalists are judges / justices who repute the concept of a living constitution. To them, the written words on the U.S. Constitution must be taken literally without inferences of intent of the Framers or the changing nature of society.
29) Stare Decisis is a practice by the courts to simply let decisions stand from previous rulings to give laws predictability and accountability. / 1) In order for society to function laws are essential to keep order and promote stability.
2) Laws without penalties are meaningless; individuals will not respect a law that does not impose a consequence for violating it.
3) Many of the laws of the United States are based on the long-standing customs, traditions, and practices of western civilization.
4) The U.S. Constitution is the highest law of the land in the United States.
5) The U.S. court system is passive by nature. The courts do not have the power or jurisdiction to rule on matters unless a conflict is brought before them.
6) Most nations in the world do not grant the power of judicial review to their courts. Judicial review, while not in the U.S. Constitution, is a unique feature of the American legal system.
7) Judicial review is an essential check and balance against actions and decisions made by the executive and legislative branches.
8) In theory, Congress and the President make policy and law; courts only interpret and apply the law. In reality, judges make policy all of the time when carrying out this task.
9) The vast majority of legal cases are heard at the local and state level of government; the federal courts have limited jurisdiction to certain types of cases.
10) By having federal judges appointed and confirmed, it removes them from politics and helps them to maintain the image of impartial interpreter of the law.
11) When selecting members to the federal bench, the president is mindful of the candidate’s credentials, temperament, legal philosophy, and confirmability.
12) Citizens do not have an automatic right to have their case heard before the U.S. Supreme Court. The Court is very selected as to what types of cases they will accept in a given calendar year.
13) Because of the potential impact of Supreme Court decisions on law and society, the Court only selects those cases that have profound constitutional implications.
14) Despite the drama of oral arguments, many of the justices have already made up their minds prior to the actual hearing. The justices base their decisions on the briefs, legal precedent, and their own philosophy regarding the intention of the Framers of the U.S. Constitution.
15) Oral arguments are opened to the public and allow the machinery of justice to be viewed by society as a whole.
16) Supreme Court opinions are essential because they provide the basis of case law. Other courts, lawyers, and legislators, will look to the rationale applied by the court and applied a similar rationale to future problems.
17) Because the Supreme Court has changed its mind over the course of history, dissenting opinions are in many ways just as important as majority opinions.
18) Charges of judicial activism can not applied solely to liberal judges. Conservative justices have also been accused on ignoring the intent of the Framers when legal questions before the Court goes against their own ideological beliefs.
19) Stare Decisis allows the courts to avoid many long-standing, controversial decisions by refusing to revisit the legality of a law or previous decision.
20) While the courts are somewhat immune to political pressure judges and justices are also aware of the political and social implications of their judgments. This awareness may have some bearing on their decision making process. / 1) Explain the nature and function of law in the United States
2) Trace the sources of U.S. Law (Greek Law, Roman Law, Common La, Equity Law, Constitutional Law, Statutory Law, and Case Law).
3) Describe the functions of law in America (Resolve / minimize conflict, Protect rights, Limit government, Promote the general welfare, Set goals, Control crime).
4) Identify the source of power for the Supreme Court (Article III, U.S. Constitution).
5) Explain the purpose of the Judiciary Act of 1789.
6) Explain why the U.S. courts are set up as an adversarial system.
7) Describe the impact of Marbury v. Madison (1803) on the concept of Judicial Review.
8) Evaluate the importance of Judicial Review and an independent judiciary as a means of ensuring checks and balances.
9) Identify the three levels of federal courts (District, Appellate, and Supreme Court).
10) List the two primary requirements to bring a case before the federal courts (Jurisdiction and Standing).
11) List the salaries of members of the federal bench.
12) Describe the five factors Presidents use to evaluate a nominee to the federal bench.
13) Explain the difference between a justice and a judge.
14) Evaluate the impact of Chief Justice John Marshall term (1801-1835) on shaping and defining the U.S. Supreme Court.
15) Explain the role of the Chief Justice in his relationship to the U.S. Supreme Court.
16) Compare and contrast Original Jurisdiction and Appellate Jurisdiction.
17) Explain why so few cases arrive at the U.S. Supreme Court due to Original Jurisdiction.
18) Describe the criteria the U.S. Supreme Court uses in deciding what cases it plans on hearing.
19) Define the following: Writ of Certiorari, Cases on Appeal, Rule of Four.
20) Explain the importance of Oral Arguments before the U.S. Supreme Court.
21) Speculate why the U.S. Supreme Court hears so few cases each year.
22) Describe the steps that lead to the U.S. Supreme Court rendering a ruling.
23) List the four types of opinions the Supreme Court may render following a case: Unanimous, Majority, Concurring, and Dissenting.
24) Speculate why Judicial Activism is often a controversial topic.
25) Explain what the “Living Constitutional Rationale” means?
26) What are Restraintists or Originalists and how do their views sharply contrast with those who believe the U.S. Constitution is a living document.
27) List the five factors that help shape Supreme Court decisions: basing decisions on the law, views of the justices, relationships among the justices, social forces / public attitudes, and the President / Congress.
28) Explain how the U.S. Congress can check the power of the judiciary.
29) Explain how the President can check the power of the judiciary.
30) Explain how rulings by the federal courts help to shape public policy in the United States (judicial review, interpretations of law, overturning earlier decisions).
31) Profile the membership of the current U.S. Supreme Court.
32) Outline the pyramid structure of the U.S. judicial system.
30) There are five factors that shape Supreme Court decisions: basing decisions on the law, views of the justices, relationships among the justices, social forces / public attitudes, the President / Congress.
31) Checks and balances help to prevent the court from overstepping it power / authority. For example, Congress can initiate the process to amend the Constitution in the aftermath of an unpopular ruling. The President may choose not to enforce a court ruling (judicial implementation). Both are rare exceptions.