Thursday March 13, 2014 OBJ: SWBAT Demonstrate their knowledge of the FB through formal assessment. Drill: take five minutes, study, last chance to ask.

Thursday March 13, Thursday March 13, 20142014

OBJ: SWBAT OBJ: SWBAT Demonstrate their Demonstrate their

knowledge of the FB knowledge of the FB through formal through formal

assessment.assessment.

Drill: take five minutes, Drill: take five minutes, study, last chance to ask study, last chance to ask

questionsquestions

HW: Federalist Papers HW: Federalist Papers #78 and questions. #78 and questions.

Thursday March 13, 2014Thursday March 13, 2014

•List the objects List the objects & people & people depicted in the depicted in the cartooncartoon

•What is What is happening in happening in the cartoon?the cartoon?

•What is the What is the artist’s artist’s message?message?

AnswerAnswer In football the referees makes In football the referees makes

sure that both teams play by sure that both teams play by the rules.the rules.

In our government the judicial In our government the judicial branch checks the other two branch checks the other two branches by making sure they branches by making sure they follow the Constitution.follow the Constitution.

Objectives: Objectives: SWBATSWBAT

Describe the structure & Describe the structure & function of federal courts.function of federal courts.

Define the difference Define the difference between original & between original & appellate jurisdiction.appellate jurisdiction.

The Judicial BranchThe Judicial Branch

Read about the judicial Read about the judicial branch and complete the branch and complete the worksheet.worksheet.

How do you become a How do you become a federal judge?federal judge?

What are the qualifications?What are the qualifications?

None!None!

Supreme Supreme CourtCourt

How does someone get How does someone get appointed to the Supreme appointed to the Supreme

Court?Court?Appointed by the Appointed by the President & approved by President & approved by the Senatethe Senate Once approved has job for Once approved has job for lifelifeOnly ways to leave the job is Only ways to leave the job is by resigning, retiring, dying by resigning, retiring, dying or being impeachedor being impeached

So can the president So can the president make make anyoneanyone a Supreme a Supreme

Court Justice?Court Justice?Harriet MyersHarriet Myers Nominated by Nominated by

George W. BushGeorge W. Bush Previous exp:Previous exp:

Bush’s personal Bush’s personal lawyer.lawyer.

Never a judgeNever a judge No exp with No exp with

constitutional constitutional lawlaw

Nomination withdrawn Nomination withdrawn b/c of Senate disapprovalb/c of Senate disapproval

JurisdictionJurisdiction

Original vs. AppellateOriginal vs. Appellate

JudgesJudgesListen to the following Listen to the following

questions about judges.questions about judges. Put your thumb up if you Put your thumb up if you think the answer is YESthink the answer is YES

Put your thumb down if Put your thumb down if you think the answer is NOyou think the answer is NO

Former Ravens running back Jamal Lewis strains to get the ball across the plane for a touchdown.

Why does Coach Cowher throw the red flag?

What is the referee doing?

And the decision is…

What does this have to do with original and appellate courts?

Types of JurisdictionTypes of Jurisdiction

Original Jurisdiction: The Original Jurisdiction: The first court that has authority first court that has authority to hear a case.to hear a case.

Appellate Jurisdiction: A Appellate Jurisdiction: A court that hears appeals court that hears appeals from a lower court or from a lower court or government agency. government agency.

What if fans What if fans could fire could fire referees who referees who made made unpopular unpopular decisions?decisions?

How would this How would this affect the affect the referees?referees?

James Bond in a James Bond in a Honda?Honda?

Read the background on Read the background on Metro-Goldwyn-Mayer, Metro-Goldwyn-Mayer, Inc. v. American Honda Inc. v. American Honda Motor Co. (1995)Motor Co. (1995)

How would you decide How would you decide the case?the case?

Examine the 15 pieces of Examine the 15 pieces of evidence to determine evidence to determine whether Honda copied whether Honda copied James Bond.James Bond.

How did you decide?How did you decide?1.1. How many of you decided that How many of you decided that

Honda’s ad agency copied Honda’s ad agency copied James Bond?James Bond?

Was any one piece of evidence the Was any one piece of evidence the most convincing, or was it all the most convincing, or was it all the evidence taken together?evidence taken together?

Is there any one piece of evidence Is there any one piece of evidence that, if it was missing, would have that, if it was missing, would have changed your mind?changed your mind?

2.2. Should Honda be allowed to do Should Honda be allowed to do this? this?

Warm/Wrap UpWarm/Wrap UpSo… What happened in So… What happened in

MGM v. Honda?MGM v. Honda? court here believes that the court here believes that the

James bond is copyrightable James bond is copyrightable under both story being told test under both story being told test

character delineation .. Has character delineation .. Has distinguishable characteristics distinguishable characteristics and company can claim long and company can claim long historyhistory

ClosingClosingListen to the following Listen to the following

questions about judges.questions about judges. Put your thumb up if you Put your thumb up if you think the answer is YESthink the answer is YES

Put your thumb down if Put your thumb down if you think the answer is NOyou think the answer is NO

An Independent JudiciaryAn Independent Judiciary

What does this mean What does this mean and how is it achieved?and how is it achieved?

Chief Justice Rehnquist, Chief Justice Rehnquist, 20032003

……Without an independent Judiciary, Without an independent Judiciary, the Constitution may not have the Constitution may not have survived to, as Chief Justice Taft survived to, as Chief Justice Taft said, "secur[e] the blessings of said, "secur[e] the blessings of individual liberty to all the people of individual liberty to all the people of the United States under a the United States under a government of law and order." And government of law and order." And much of the credit is due to the much of the credit is due to the foresight of the drafters of these foresight of the drafters of these Charters. Charters.

What is Judicial What is Judicial Independence and Why is Independence and Why is

it Important?it Important? Separation of powers Separation of powers

Prevents the other two branches Prevents the other two branches from pressuring them on how to from pressuring them on how to decide a casedecide a case

Not an elected positionNot an elected position Since federal judges & justices Since federal judges & justices

are appointed, they do not have are appointed, they do not have to worry about whether the to worry about whether the public likes their decisionspublic likes their decisions