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DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write:   Date:  09/10/10 , Topic:  Judiciary 2) Next line, write  Opener #11  and then:  1) Write  1 high + 1   low   in last 24 hours 2) Rate your understanding of yesterday:  lost < 1-5 > too easy (3 is perfect) 3) Respond to the  Opener  by writing at least   1 sentences  about : Your opinions/thoughts  OR/AND Questions sparked by the clip   OR/AND Summary of the clip  OR/AND Announcements: None
Agenda 1)  How to argue cases? Primary Objective 1)  Learning how to defend your rights. Reminder 1)  Find & complete your 4 news pods
Review 1)   Judiciary : 1 of the 3 branches, designed to be most independent ( protect minority rights ). Power to  interpret :  kill laws  or  force actions . 2)   Judicial Review : Cases brought to it, judiciarys power to strike down part of laws (Marbury v Madison: strike part of Jud Act 1789)
Review 3)   Loose Interpretation : Interpret Constitution  loosely  to evolve with changing times.  4)   Strict Interpretation  : Stick to  literal  word meaning of the Constitution
Notes #11a , Title:  Judiciary Notes    1)   Judicial Activism : Court should not shy from being early in solving public controversies. 2)   Judicial Restraint : Court should wait until the more democratic branches exhaust resolving public controversies.
Journ #11a ,  Con Interpretation Debate 2  1)  Read the 2 sides, choose 1 side, and write which you choose and  explain   why . 2)  Then write down what your partner thinks ( include their  name  at the end ). 1    2   3  4  5 CON: Jud Restraint 1) Judges are not elected or confirmed by the ppl 2) 9 Justices arent wiser than Congress + President, or millions ppl 3) Who gives 9 Justices the right to override the democratic process? PRO: Jud Activism 1) Life term judges have can make decisions free of politics 2) Federal judges are wiser than Pres/Cong 3) Society at times needs a jumpstart to do whats right (Brown v Board)
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Notes #11b , Title:  Judiciary Notes    3)   3 Levels to Federal Court :  Supreme Court  (1) Circuit Court of Appeals  (13):  We are in the  9 th  Circuit District Trial Court  (94):  We are in the  Northern CA  Fed District Court 82% Male, 18% Female, 49% GOP, 45% DEM 82% White, 5% Hispanic, 0.5% Asian 4)   All Federal Judges : Appointed by President > confirmed by Senate serve for life.* *Tradition is for Cir+Dist nominees, Pres ask local Senators, also any Senator can hold up.
N. CA District
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Judge Edward  Chen (appointed by Pres. Obama)
CA is part of the 9 th  Circuit Court
28 judges rotate the 9th
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9 th Circuit
FYI 1)  Judge : Judge on any of the  courts lower than the highest court  (their decision has the same power as a higher court,  except they can be reversed by higher court ) 2)  Justice : Judge on the  highest court  (their decision can only be  reversed by constitutional amendment* ) *Technically, the Constitution has given Congress the power to remove certain topics from the jurisdiction of the court, this has never been done (Art 3, Sec 2).
5)   SCOTUS : Supreme Court of the U.S.,  9 judges.  4 of 9 judges to take a case,  5 of 9  for a decision .  Chief  Just. Roberts .
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SCOTUS: 9 Justices 9 th Justices
Th ree  K inky  So uthern  Gi rls  Br ing  R apper  Ka nye  Sca ndals  A plenty
1) Ginsburg  -  LIB 2) Sotomayer -  LIB 3) Kagan -  LIB 4) Breyer  - LIB 5) Kennedy  -  SWING VOTE  (LEANS CON) 6) Roberts  -  CON, CHIEF JUSTICE 7) Alito  -  CON 8) Thomas  -  CON 9) Scalia  -  CON
Notes #11b , Title:  Judiciary Notes    6)   Precedent/ Stare Decisis : Make laws more  predictable , judges obligated to rule in current case as it had in  similar past cases . Lower court must obey past decisions made by higher courts.  Court if persuaded can reverse its own decision, or decisions of lower court. Example: 9 follow SCOTUS Nor Cal District  follow 9 9 no need follow  13
Past Cases Current Case: Cases are  never identical to past cases. No  Yes
Journ #11b , Title  Precedent Practice  With a partner, write YES or NO, if it is allowed ( include their name ): 1)  9 th   Circuit  reverses a decision made by the  Nor. CA District  court. 2)  9 th   Circuit  reverses a decision by the  So. NY District  court. 3)   9 th  Circuit  reverses a decision by the  5 th  Circuit  Court. 4)  9 th  Circuit  reverses a decision by  SCOTUS . 5)   SCOTUS  reverses a decision by the 9 th   Circuit . 6)   SCOTUS  reverses a past decision by  SCOTUS . 7)  President and Congress reverse a decision by SCOTUS.
Journ #11c , Title  Precedent Argument  1)  Using conflicting past precedent, draft an argument to either:  either get the laptop back  or to  fight to have the teacher keep it . Start with these lines: May it please the court, I am counsel for X.  [then start your reasoning, example, based on the past decision of]
Homework:  1)  Study todays notes + journal sections for  a possible journal quiz . 2)  Pick and listen to your  4 news podcast  by next Monday. Journal Check:  If your name is called, drop off your journal with Mr. Chiang ( if requested, points lost if your journal is not turned in )

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091010 gov judiciary 50m

  • 1. DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 09/10/10 , Topic: Judiciary 2) Next line, write Opener #11 and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opener by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None
  • 2. Agenda 1) How to argue cases? Primary Objective 1) Learning how to defend your rights. Reminder 1) Find & complete your 4 news pods
  • 3. Review 1) Judiciary : 1 of the 3 branches, designed to be most independent ( protect minority rights ). Power to interpret : kill laws or force actions . 2) Judicial Review : Cases brought to it, judiciarys power to strike down part of laws (Marbury v Madison: strike part of Jud Act 1789)
  • 4. Review 3) Loose Interpretation : Interpret Constitution loosely to evolve with changing times. 4) Strict Interpretation : Stick to literal word meaning of the Constitution
  • 5. Notes #11a , Title: Judiciary Notes 1) Judicial Activism : Court should not shy from being early in solving public controversies. 2) Judicial Restraint : Court should wait until the more democratic branches exhaust resolving public controversies.
  • 6. Journ #11a , Con Interpretation Debate 2 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: Jud Restraint 1) Judges are not elected or confirmed by the ppl 2) 9 Justices arent wiser than Congress + President, or millions ppl 3) Who gives 9 Justices the right to override the democratic process? PRO: Jud Activism 1) Life term judges have can make decisions free of politics 2) Federal judges are wiser than Pres/Cong 3) Society at times needs a jumpstart to do whats right (Brown v Board)
  • 7.
  • 8.
  • 9. Notes #11b , Title: Judiciary Notes 3) 3 Levels to Federal Court : Supreme Court (1) Circuit Court of Appeals (13): We are in the 9 th Circuit District Trial Court (94): We are in the Northern CA Fed District Court 82% Male, 18% Female, 49% GOP, 45% DEM 82% White, 5% Hispanic, 0.5% Asian 4) All Federal Judges : Appointed by President > confirmed by Senate serve for life.* *Tradition is for Cir+Dist nominees, Pres ask local Senators, also any Senator can hold up.
  • 11.
  • 12. Judge Edward Chen (appointed by Pres. Obama)
  • 13. CA is part of the 9 th Circuit Court
  • 14. 28 judges rotate the 9th
  • 15.
  • 16.
  • 18. FYI 1) Judge : Judge on any of the courts lower than the highest court (their decision has the same power as a higher court, except they can be reversed by higher court ) 2) Justice : Judge on the highest court (their decision can only be reversed by constitutional amendment* ) *Technically, the Constitution has given Congress the power to remove certain topics from the jurisdiction of the court, this has never been done (Art 3, Sec 2).
  • 19. 5) SCOTUS : Supreme Court of the U.S., 9 judges. 4 of 9 judges to take a case, 5 of 9 for a decision . Chief Just. Roberts .
  • 20.
  • 21. SCOTUS: 9 Justices 9 th Justices
  • 22. Th ree K inky So uthern Gi rls Br ing R apper Ka nye Sca ndals A plenty
  • 23. 1) Ginsburg - LIB 2) Sotomayer - LIB 3) Kagan - LIB 4) Breyer - LIB 5) Kennedy - SWING VOTE (LEANS CON) 6) Roberts - CON, CHIEF JUSTICE 7) Alito - CON 8) Thomas - CON 9) Scalia - CON
  • 24. Notes #11b , Title: Judiciary Notes 6) Precedent/ Stare Decisis : Make laws more predictable , judges obligated to rule in current case as it had in similar past cases . Lower court must obey past decisions made by higher courts. Court if persuaded can reverse its own decision, or decisions of lower court. Example: 9 follow SCOTUS Nor Cal District follow 9 9 no need follow 13
  • 25. Past Cases Current Case: Cases are never identical to past cases. No Yes
  • 26. Journ #11b , Title Precedent Practice With a partner, write YES or NO, if it is allowed ( include their name ): 1) 9 th Circuit reverses a decision made by the Nor. CA District court. 2) 9 th Circuit reverses a decision by the So. NY District court. 3) 9 th Circuit reverses a decision by the 5 th Circuit Court. 4) 9 th Circuit reverses a decision by SCOTUS . 5) SCOTUS reverses a decision by the 9 th Circuit . 6) SCOTUS reverses a past decision by SCOTUS . 7) President and Congress reverse a decision by SCOTUS.
  • 27. Journ #11c , Title Precedent Argument 1) Using conflicting past precedent, draft an argument to either: either get the laptop back or to fight to have the teacher keep it . Start with these lines: May it please the court, I am counsel for X. [then start your reasoning, example, based on the past decision of]
  • 28. Homework: 1) Study todays notes + journal sections for a possible journal quiz . 2) Pick and listen to your 4 news podcast by next Monday. Journal Check: If your name is called, drop off your journal with Mr. Chiang ( if requested, points lost if your journal is not turned in )