Thursday 4/16RAP

• Did you get enough sleep this week?

• Did you study for the test? Why or why not?

Today:

Test on Unit 4—The Presidency

Read Ch. 18– The Federal Court System and complete the Ch. Assessment on page 528 and 529; #1-34…IN your notebook ….COMPLETE SENTENCES

DUE Monday!!!!

X.C.

1. What was Dave’s original job? Before he became President.

2. Where did they send the Vice President, in the movie Dave, when they were trying to get rid of him?

3. How did the first lady figure out that Dave was not the President?

NOTE CHECK:

Unit 4: Executive Branch

• 1. West Wing: "Let Bartlet be Bartlet" 6 questions

• 2. Ch. 13 PPT notes 3/25 -- print and put in note check

• 3. Ch. 14 PPT notes

• 5. Notes on the President Power points 3/27-3/31

• 6. Ch. 15 PPT notes from Thursday 4/6

• 7. Ch. 16 PPT notes

• 8. Ch. 17 PPT notes

Monday 4/20RAP

• What is a grand jury?

• Look at the Chart on page 518 and answer the question below it.

• You need to know Marbury v. Madison for final.

Today:

• Review Ch. 18– Federal Courts

U.S. Supreme Court Process

•Discuss List- The Chief Justice prepares a list of those petitions he believes have sufficient merit to warrant discussion. Any other Justice may also add a case to the "discuss list"; cases not designated for discussion by any Justice are automatically denied review.

USSC Process

•Rule of Four- Four of the Justices must agree to hear a case before a Writ of Certiorari is issued.

•Writ of Certiorari-an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review.

USSC Process

•Per Curiam decision-A decision of an appeals court as a whole in which no judge is identified as the specific author.

•Opinions of the Court• Rarely are decisions unanimous.

• About 1/3 of all the Court’s decisions are unanimous, most find the court divided.

USSC Process

•Majority opinion- Officially called the opinion of the court. Majority agree and submit a written reason why.

•Concurring opinion- Agree with the majority opinion, but they want to add or emphasize a point that was not made in the majority opinion.

USSC Process•Dissenting opinion- Written by those justices who do not agree with the court’s majority decision.

• On rare occasions the Supreme Court does reverse itself. The minority opinion today could become the Court’s majority position in the future

USSC Process

•Stare Decisis- a legal principle by which judges are obliged to respect the precedents established by prior decisions.

•Precedent- The MAJORITY opinions stand as examples to be followed in similar cases in lower cases and/or in the Supreme court.

Questions to Consider:

• In the United States, all courts have the power to review decisions of other branches and determine their constitutionality, but the "final" power of judicial review rests with nine appointed judges.

• In England, the decisions of the highest court are subject to review by the legislature.

• Who is best suited to have this authority?

Questions to Consider:

• Does the fact that the Court currently has the power to review actions, of the legislative and executive branches, relieve these two branches of the obligation to review their own decisions to be certain they are constitutional?

•Read Page 518 and take notes on the case.

•Read Page 519 and take notes on the effects

Marbury v. Madison

John Adams, outgoing President

• Made 42 last minute appointments for Justices of the Peace prior to leaving office at the end of his term.

• He gave them to outgoing Secretary of State John Marshall to deliver.

Thomas Jefferson, in-coming President

was an anti-federalist and was suspicious of Supreme Court

Jefferson ordered Secretary of State James Madison to block Federalists appointees from taking office

Pres. John Adams had appointed William Marbury as Justice of the Peace – BLOCKED

John Marshall (Federalist)

Supreme Court Justice in favor of an independent Supreme Court

• William Marbury brought his case directly to the Supreme Court because the Court had original jurisdiction over the case. He asked the Court to issue a writ of mandamus to order James Madison to deliver his commission.

• Article III, Section 2 lays out the original jurisdiction of the Supreme Court

• "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction."

Marbury v. Madison

Marbury v. MadisonThe Supreme Court of the United States

declared that:

• Marbury is entitled to the commission, but:

• The Court cannot issue the writ because the Judiciary Act of 1789, which granted the Supreme Court original jurisdiction to issue writs of mandamus, is unconstitutional.

Marbury v. MadisonThe Supreme Court of the United States declared that:

• The Supreme Court of the United States has the power to review acts of other branches and determine their constitutionality. This power is called judicial review.

The Decision

• On February 24, 1803, the Court rendered a unanimous (4–0) decision, that Marbury had the right to his commission

• but the court did not have the power to force Madison to deliver the commission.

Closure•Why is Marbury v. Madison considered to be such a significant or landmark case?

Tuesday 4/21RAP

• Why is Marbury v. Madison considered to be such a significant or landmark case?

Today:

• Review Ch. 18—get it out.

• Notes on AZ state court system.

• Ch. 19– begin Ch. 19.1 and 19.2 DUE FRIDAY

The Arizona State Court System

Jurisdiction

State and Local Laws federal system allows

states to deal with crime in a variety of ways

Civil cases: between two parties

Criminal cases: between an individual and the state

State Court Systems

Minor Courts civil cases dealing with less than $2,500 criminal cases with jail sentence less than 1

year justice of the peace

Superior Court Civil suits over $2,500 Felony cases

Juvenile Courts In Re Gault

In Re Gault

Do juveniles facing criminal charges have the same CONSTITUTIONAL protections as adults?

Criminal Justice System

State Police Forces highway patrol units provide special services for local police

departments Appellate Courts

new evidence has been found the original trial was unfair state law is unconstitutional

State Supreme Court Chooses whether or not to hear a case interprets state’s constitution and laws highest appellate court in the state

Tuesday 12/2

RAPHow did the case Marbury v. Madison affect our system

of government today?

Today:Finish reviewing AZ state courts12 Angry Men

Procedures in Criminal Cases

Arrest Misdemeanor: minor offence Felony: serious crime

Lawyers Prosecution (district attorney)

brings charges against the defendant Defense Attorney

public defenders- government paid lawyer Preliminary Hearing

the state files charges against the suspect judge decides on bail

Procedures in Criminal Cases

Arraignment defendant comes

before a judge who reads the charges

defendant pleads guilt or not guilty

Indictment by Grand Jury determines if there is

sufficient evidence to hold the person

•Trialbench trial- judge hears case and renders a

decisionplea bargaining- plead guilty for a lesser

charges (no trial)

Procedures in Criminal Cases

SentencingFineJailRestitution: pay back the victimProbationCombination of abovemandatory sentencing: required terms of imprisonment for

certain types of crimes

Jury Duty

12 Angry Men

As a juror what is your responsibility?

As you watch 12 Angry Men please think about the responsibility each juror has in this case.

Twelve Angry Men 1957 -Plot, Character Descriptions and Guide

 "12 Angry Men" is a tale of a jury struggling to determine if a young man is guilty of murdering his father. His life depends on their unanimous decision-either guilty or not guilty. In the beginning of the movie, we see the a bored-sounding, non-committal judge wearily instructing the twelve-man jury to begin their deliberations after listening to six days of a "long and complex case of murder in the first degree." He explains to them that it is a case involving the serious charge of pre-meditated murder with a mandatory death sentence upon a guilty verdict, and now it is the jury's duty to "separate the facts from the fancy" because "one man is dead" and "another man's life is at stake." The jury then leaves the box and goes to the jury room to deliberate. The room itself is very claustrophobic, the weather is very hot outside, and the only fan they’ve got is not working.

As they settle down at the table, the foreman presents two alternatives: should they discuss things first and then vote, or "take a preliminary vote" immediately to "see who's where"? The latter alternative is chosen, and the vote is accomplished by the simple raising of hands. Six of the jurors (# 1, 3, 4, 7, 10, and 12) quickly put their hands up. After a slight pause - and because of peer pressure, jurors # 2, 5, 6, 11 and 9 hesitantly join them - with only one exception, Juror # 8 (Henry Fonda). # 8 votes not guilty. Not because he is sure of the boy's innocence, but because he wishes to talk about the serious case without emotionally pre-judging the eighteen-year old boy.  

 

SEATING CHART

The Foreman (Juror #1)

(Assistant coach)

Ad man w/glasses Bank teller (Juror #12) (Juror #2)

Watchmaker Owner of msngr service (Juror #11) (Juror #3) Garage owner Stockbroker (Juror #10) (Juror #4) The old man Man from Slums (Juror #9) (Juror #5) Architect Working man (Juror #8) (Juror #6)

Salesman, baseball fan (Juror #7)

Couple of points to be considered during the movie:

Fan not working-Environmental Conditions Different points of view: Wasting time vs. Going over and discussing facts “I’ll pass,” says Juror #5 when asked to explain his reasons of his decision-Every

individual must state opinion. Its members and their behaviors define the team. Semantics- Two people may talk about the same thing but use different expressions;

creates confusion. Ideas must be defined clearly. Everyone is more confident when voting secretly- the same level of confidence must be

achieved in open discussions as well. Juror #8 buys a knife that look very similar to the murder weapon and shakes the facts-

scan the environment, thorough search on topic.

Motivation and leadership:

Definition of motivation in terms of three measures of the resulting behavior: The direction of an individual’s behavior (measured by the choice made when several

alternatives are available). The strength of that behavior once a choice is made The persistence of that behavior A leader must possess: -Physical qualities, health, vitality and endurance -Personal attributes of personal magnetism, enthusiasm, ability to inspire,

persuasiveness and tact. -Character attributes of integrity, humanism, stability. -Intellectual qualities of mental capacity, ability to teach others.

Answer questions as you watch

Enjoy the movieThink about

Role of jurorsDifferent charactersWhich juror do you relate to most?

Wednesday 12/3