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SS.7.C.3.3  Illustrate the structure and function (three branches of government established in Articles I, II, and III with corresponding powers) of government in the United States as established in the Constitution.

SS.7.C.3.8   Analyze the structure, functions, and processes of the legislative, executive, and judicial branches.

SS.7.C.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels.

SS.7.C.3.12 Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to, Marbury v. Madison, Plessy v. Ferguson, Brown v. Board of Education, Gideon v. Wainwright, Miranda v. Arizona, in re Gault, Tinker v. Des Moines, Hazelwood v. Kuhlmeier, United States v. Nixon, and Bush v. Gore.

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1.What are the powers and duties of the judicial branch?

·  ensure that laws are fairly enforced and interprets laws.

**Courts of Appeal=Circuit Courts or Appellate Courts**

2. Diagram the levels, functions, and powers of courts at the state and federal levels. (see chart above)

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1. How is the federal court system organized?     (See chart)

2. What is the role of the appeals court?

·       Review the fairness of a case appealed from a lower court.

·       Review the decisions of a federal regulatory agency if a party says that the agency acted unfairly.
Judges can rule 3 different ways:
1. They can uphold the result of the trial, which leaves the verdict in that trial unchanged.

2. They can reverse the result of the trial. The judges take this action if they think the original judge made an error in procedure or in interpreting the law.

3. They can remand the case. This means sending the case back to a lower court to be tried again. The judges take this step if they think the original trial was not right in some way.

3. What is the role of the District Courts?

·       Determine the facts of the case.

·       Take both civil and criminal cases. In a criminal case, a district court will decide if a person is guilty, or innocent based on the evidence presented.

**District courts are the only federal courts in which witnesses testify and juries hear cases and reach verdicts. **

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1. What is the selection process for federal judges.

·       President appoints judge

·       Senate advises, consents, and approves judge appointment.

·       Majority vote needed from Senate.

·       Vacancies occur when a judge resigns, retires, or dies.

2. What is the role of a magistrate judge.

·       Do judges routine work-issue court orders such as warrants.

·       Hear preliminary evidence and decide if a case should be brought to trial.

·       Decide if people under arrest should be held in jail or released on bail.

·       Serve as judges on minor cases.

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1. What are the jurisdiction, limits, powers and duties of the U.S. Supreme Court?
**more powers=•The Constitution is the supreme law of the land.

•If there is a conflict between the Constitution and any other law, the Constitution rules.

•The judicial branch has a duty to uphold the Constitution. Thus, it must be able to determine when a law conflicts with the Constitution and to nullify laws that do.

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1. How do cases reach the U.S Supreme Court?

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1. What is the meaning of stare decisis and explain how it affects decisions made by the Supreme Court?   “Let the decision stand” which means the court refers to earlier decisions by the court to decide on a new case. The helps make the law predictable.

2. What is the difference between a concurring opinion and a dissenting opinion?

Concurring opinion is when a justice agrees with the majority decision but for a different reason and therefore, they write a separate statement. Dissenting opinion is when a justice opposes the majority decision and explain why they disagree.