Chapter 7 Planning Guide - Millersburg Area School · PDF fileStandardized Test Practice Handbook: ... Matthew Fraser* ... CHAPTER 7 PLANNING GUIDE Chapter and Unit Tests for Differentiated

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CHAPTER 7pp. 176–196

Overview: Students will learn about the role, functions, and com-ponents of the judicial branch of the U.S. government.

Students Take Action Activities*

Civic Participation Activities Guide

Community Service and Participation Handbook: Chapter 7*

Law 101: Chapter 7*

Holt Online Researcher

Teaching Transparencies: Chapter 7

Creative Teaching Strategies: Chapter 7*

Constitution Study Guide

Media Investigations: Chapter 7*

Active Citizenship Video Program

Alternative Assessment Handbook*

Chapter and Unit Tests: Chapter 7: Tests A and B*

Chapter and Unit Tests for Differentiated Instruction: Chapter 7: Test C*

Student Edition on Audio CD Program

Interactive Skills Tutor

Quiz Game

OSP Teacher’s One-Stop Planner

Spanish Audio Summaries

Standardized Test Practice Handbook: Activity 7*

Vocabulary Activities: Chapter 7*

Online Chapter Summaries in Spanish

Section 1 Equal Justice Under the LawThe Big Idea: The rights of all U.S. citizens are protected by laws and the courts.

From the Source: Readings in Economics and Government: Reading 70: A Theory of Justice

Community Service and Participation Handbook: Chapter 7


Daily Quizzes: Section 1*

Online Quiz: Section 1

Guided Reading Strategies: Section 1*

Main Idea Activities for Differentiated Instruction: Section 1*

Section 2 The Federal Court SystemThe Big Idea: The federal court system consists of three levels of courts, each of which has specific duties.

From the Source: Readings in Economics and Government: Reading 37: Judiciary Act of 1789

Interactive Art: Road to the Supreme Court






Section 3 The Supreme CourtThe Big Idea: The Supreme Court hears appeals, reviews laws, and strongly influences American society.

Simulations and Case Studies: Lesson 6: BethelSchool District v. Matthew Fraser*

Simulations and Case Studies: Lesson 7: Moot Court: Jones v. Clear Creek ISD*

Graphic Organizer Activities: Chapter 7*

Challenge and Enrichment Activities: Chapter 7*

U.S. Supreme Court Case Studies: Case 1: Marburyv. Madison*

U.S. Supreme Court Case Studies: Case 8: Plessyv. Ferguson and Brown v. Board of Education*

Internet Activity: Supreme Court Procedures

Internet Activity: Landmark Supreme Court Cases






Chapter 7 Planning Guide

176a TEACHER’S EDITION

The Judicial BranchReview, Assessment, InterventionInstructional ResourcesChapter Overview

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Student Resources

Teacher Resources

HOLT

Active Citizenship

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Chapter and Unit Tests for Differentiated Instruction: Chapter 7: Test C*

Differentiated Instruction: Teaching ESOL Students

Student Edition on Audio CD Program


Differentiated Instruction Modified Worksheets and Tests CD-ROM







Challenge and Enrichment Activities: Chapter 7*

Graphic Organizer Activities: Chapter 7*

KEYWORD: SZ7 TEACHER

KEYWORD: SZ7 CH7

THE JUDICIAL BRANCH 176b

Video Program (VHS/DVD)Trials Over Title IX

• Document-Based Questions

• Interactive Multimedia Activities

• Current Events• Chapter-based Internet

Activities• and more!

Differentiated Instruction

Holt InteractiveOnline Student EditionComplete online support for interactivity, assessment, and reporting

• Interactive Art and Notebook

• Standardized Test Prep• Homework Practice

and Research Activities Online

SE Student Edition Print Resource Audio CD

TE Teacher’s Edition Transparency CD-ROM

go.hrw.com Learning Styles Video

OSP One-Stop Planner CD-ROM * also on One-Stop Planner

Quiz Game CD-ROMQuiz Game CD-ROM is an interactive multimedia game that assesses student understanding, makes learning fun, and tracks student performance.

With the Teacher’s One-Stop Planner, you can easily organize and print lesson plans, planning guides, and instructional materials for all learners.

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176c TEACHER’S EDITION

Why It MattersThe third branch of the national government, the judicial branch, is charged with applying and interpreting federal law in cases that come before it. The framers realized the importance of delegating this role to an independent, co-equal branch of government, well aware of the pos-sibilities for abuse when those with the power to make or enforce laws also have the sole power to dispense justice. Accordingly, the Constitution vests the judicial power in the Supreme Court and in the “inferior courts” created by Congress.

What the Courts Do Section 1 describes the basic work that the judicial system performs–determining whether to acquit or convict persons charged with crimes, and settling disputes among private parties, businesses, and government. To decide these cases, the courts look to

four main sources of law: statutes, the common law, administrative law, and the Constitution. This section also outlines court procedures for handling legal cases, from trial through appeal.

A Look at the Federal Courts Every state has its own court system, but the federal government has just one. Again, the Constitution provided for the Supreme Court, but otherwise gave Congress the power to create the federal judicial system. Section 2 describes the organization of this system—the United States district courts and their hundreds of federal district judges at the base, the circuit courts of appeal in the middle, and the Supreme Court at the top—and the types of cases heard at each level.

The Supreme Court Today At the apex of the federal court structure is the Supreme Court. Section 3 describes for students the operations of the Court and the selection and removal of justices. It also discusses the Supreme Court’s most important function within the federal government: exercising the power of judicial review to determine whether actions of the legislative and executive branches are within their powers under the Constitution.

Perhaps the Supreme Court’s most important role in modern days, however, has been ensuring that state and local gov-ernments follow federal law, both as enacted by Congress and as set forth in the Constitution—particularly in the Bill of Rights and the Fourteenth Amendment. The Court’s most noteworthy lines of cases, regarding school desegregation, the rights of criminal defendants, civil rights, and voting rights, all fall within this category.

Recent ScholarshipThe Constitution ensures religious freedom and provides separation between religion and government. The U.S. Supreme Court has ruled on many cases to determine whether this doctrine has been violated. Such cases are often brought to the Court when disagreements occur within a state. In “The Supreme Court: The Overview: Justices Allow a Commandments Display, Bar Others” (New York Times, June 28, 2005), Linda Greenhouse writes about how, in 2003, the Court tried to tackle the issue of religious displays in government buildings in two states. The Court ruled 5–4 that a Ten Commandments monument at the Texas State Capitol is constitutional, but copies of the Commandments displayed at two Kentucky courthouses are not. As Greenhouse points out, the decisions indicated that religious symbols that have been displayed for years with little controversy are likely to be upheld, while newer displays meant to advance religious agenda will be closely examined.

Refresh Your KnowledgeThe actions of the U.S. government and its citizens are governed by laws. The government relies on offi cials in the judi-cial branch to interpret these laws and punish lawbreakers. In interpreting and applying the laws, the judicial branch of the federal government is guided by the ideal of equal justice for all. This ideal, essential to a free society, protects the rights of all Americans.

Have students recall what they know about the three branches of the U.S. government. Briefl y review with the class the functions of the executive and legislative branches and the idea of checks and balances. Then ask students what role the judicial branch plays. What government functions do the courts need to carry out? How might the judicial branch check the other two?

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Before You Teach

Greg Massing

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Name Class Date

Contacting and Working with Government Officials

Students Take ActionTIP 2

Copyright © by Holt, Rinehart and Winston. All rights reserved.

Holt Civics 1 Students Take Action Activities

Some of the best sources of information for your community-project research will begovernment officials-both elected officials or those working for government agencies.However, these people are often very busy and receive many requests for their time. Youwant to be able to present yourself in a way that guarantees their respect and attention.

CONTACT BY MAIL

1. It is often best to contact a government official first by mail, especially if you arecontacting a state or federal official. Your letter should clearly state your name, whereyou go to school, and why you are contacting the official. It should then explain theproblem you are examining and what you hope to gain by contacting the official.This may be a request for an interview or merely information about the subject.

2. Try to keep the letter to one page. It should be as neat and professional as possible,with no errors of any kind. Be sure to type it and print it on clean paper. Ask an adultsuch as your teacher to proofread it before mailing.

CONTACT BY TELEPHONE

1. Even if you contact a source by mail, you should follow up with a telephone call tothe person’s office. In most cases, you will talk to a member of their staff. As in yourletter, clearly state who you are and why you are calling.

2. Ask the staff member how you can set up an interview with the official or speak tohim or her by telephone. This is also a good time to request any written informationthat the staff might have on the topic.

REMEMBER

• Always be courteous and polite when talking with government officials and membersof their staff.

• Always be respectful of your contact’s time. Thank him or her for taking the time todiscuss the subject with you.

• When making public presentations about your topic, be sure to acknowledge any helpyou received from government officials.

Read about how one group of students worked with government officials on their projectin Chapter 8 of your textbook.

What They DidIn this chapter, your class will read about a group of students in Missouri who supported plans to encourage safer bicycling in their community. Their plans included supporting a new bike trail at a local park, creating bicycle lanes on city roads between two parks, and publicly displaying rules and regula-tions for bicyclists. The students conducted surveys and interviews. Their research eventually helped them gain support for their ideas from city offi cials, the city council, and local residents.

What Your Class Can DoAs interested citizens, students should get exercise in safe places such as local parks and other public spaces and should obey traffi c and safety laws. As active citizens, students then follow the democratic process one step further: They fi nd ways to make these parks and areas safer and more usable for all members of the community.

As you discuss this chapter’s Students Take Action project with your class, work with students to brainstorm ways to encourage safe outdoor activities in your community:

• How does your community encourage residents to exercise?

• What public areas are available in your community for people to ride bicycles and take part in other recreational activities?

• What safety measures are in place in these areas, and how could the areas be made even safer?

Students may suggest the following safety measures, among others:

• Posted safety signs and rules about hours of use

• Designated areas for particular activities

• Available fi rst aid and trained medical personnel

Service-Learning Teaching Tip Developing an Oral Presentation To help students successfully present a proposed policy, have them use material they have collected to develop a fi ve-minute oral presentation. Because of time constraints, students should present only the most signifi cant material.

Have students practice presenting their material without reading from it word for word. Suggest that students also use graphics such as charts, graphs, and photographs to illustrate their point. Make sure that students actually refer to any visual materials in their presentation as well.

Students Take Action:Encouraging Safe Exercise

THE JUDICIAL BRANCH 176d

Students Take Action Activities“Evaluating Information,” page 24 of the Students Take Action Activitiesbooklet, helps students evaluate information they have collected to ensure that it is useful and accurate. The booklet’s rubrics, forms, planning guides, and additional tip sheets can also be used to organize, assist, and evaluate student performance at each phase of the project.

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Introduce the Chapter

176 CHAPTER 7

THE JUDICIAL BRANCH

III.How does the government established by the Constitution embody the purposes, values, and principles of American democracy?

A. How are power and responsibility distributed, shared, and limited in the government established by the U.S. Constitution?

D. What is the place of law in the American constitutional system?©1994, 2003 Center for Civic Education. All Rights Reserved.

Equal Justice under the Law

The Federal Court System

The Supreme Court

SECTION 1

SECTION 2

SECTION 3

176 CHAPTER 7

Below Level

Basic-level activities designed for all students encountering new material

At Level

Intermediate-level activities designed for average students

Above Level

Challenging activities designed for honors and gifted-and-talented students

Standard English Mastery

Activities designed to improve standard English usage

Key to Differentiating Instruction

Standards FocusStandards by SectionSection 1: III.DSection 2: III.DSection 3: III.A

Preview StandardsIII.D Explain why the rule of law has a central place in American society, e.g., it establishes limits on both those who govern and the governed, makes possible a system of ordered liberty that protects the basic rights of citizens, and promotes the common good. Describe historical and contempo-rary instances in which judicial protections have not been extended to all persons, and describe historical and contemporary instances in which judicial protections have been extended to those deprived of them in the past.

III.A Explain how the overall design and specifi c features of the Constitution are intended to balance and check powers to prevent their abuse, e.g., judicial review.

The Constitution and the Judicial Branch1. Review with students Article III, Sections 1

and 2 of the Constitution.

2. Ask students to summarize in their own words the powers the Constitution gives to the Supreme Court and to other federal courts. Help students understand that the Constitution provides for a federal judiciary but does not set up a clear system.

3. Have students work with a partner to write questions about the judicial system based on

the section of the Constitution they have read. Possible questions include What “inferior courts” has Congress established? and What does “good behavior” for judges mean?

4. Have students share their questions with the class, and list the questions on the board. Have students revisit the questions as they read and add answers where possible.

Verbal/Linguistic

At Level

Arkansas Curriculum FrameworkCivics for Core Curriculum Grades 9-12C.2.CCC.1; G.3.CCC.3; L.9.CCC.1; L.9.CCC.3; PPE.12.CCC.1; SG.8.CCC.3; USC.5.CCC.1

Chapter Correlations

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THE JUDICIAL BRANCH 177

The actions of the U.S. government and its citizens are governed by laws. The government relies on a special set of offi cials to interpret these laws and to punish lawbreakers. These functions are the responsibility of the judicial branch of the federal government.

A RADIO NEWS BROADCAST All of the cases that the Supreme Court hears start in the lower courts. As you read this chapter, take notes on the process a court case takes from the original trial all the way to the Supreme Court. Then you will prepare a radio news story following a case through the judicial system.

ENCOURAGING SAFE EXERCISE Ridinga bike in Mexico, Missouri, has become safer thanks to a group of students who worked with their city to have bike trails and bike lanes built. What can you do in your community to promote safe exercise?

Active Citizenship Video ProgramWatch the video to examine the impact the judicial branch can have on young people’s lives.

HOLT

Active Citizenship� Video Program

See the Active CitizenshipVideo Teacher’s Guide for strategies for using the video Trials Over Title IX.

Chapter Main Ideas Section 1 The rights of all U.S. citizens are protected by laws and the courts.

Section 2 The federal court system consists of three levels of courts, each of which has specifi c duties.

Section 3 The Supreme Court hears appeals, reviews laws, and strongly infl uences American society.

Analyzing Photos This photo shows the statue Authority of Law on the south side of the Supreme Court building in Washington, D.C. • How does the Supreme Court guar-

antee Americans’ rights? It makes sure that laws and policies follow the Constitution and the rights it guarantees.

• Why do you think the designers of the Supreme Court building chose to include this statue? Possible answer: to show people the importance of the Supreme Court in upholding and serving as an authority of the law

The Media Literacy Civics Skill in this chapter teaches students how to analyze news articles. Review with students the steps they should take when analyzing news articles. Encourage them to follow the steps when analyzing articles involved in special projects or classroom activities.


Reading and Skills Resources

178 CHAPTER 7

In this chapter you will read about the judicial

branch of the federal government, which is

guided by the ideal of equal justice for all. You

will learn about the four kinds of law and how the

U.S. court system uses them to settle disputes.

You will also read about the three main levels of

federal courts. Finally, you will learn about the

U.S. Supreme Court. You will learn how justices

are appointed and how the other branches of

government check the powers of the Court.

Helpful Hints for Distinguishing between Fact and Opinion

1. Phrases such as “I believe,” “I think,” or “I feel” indicate an opinion.

2. Telling readers what shouldbe done is another clue that an opinion is being given.

3. Judgment words such as best, worst, and greatestare often used in opinions.

4. Facts often include numbers, measurements, or other things that can be proved.

People have many opinions about our government and political issues. To become an informed citizen, however,

you need to be able to tell the difference between fact and opinion.

Identifying Facts and Opinions Something is a fact if there is a way to prove it or disprove it. For example, research can prove or disprove the following statement: “There are nine justices on the Supreme Court.” But research cannot prove the following because it is one person’s opin-ion or belief: “John Marshall was the greatest chief justice.” Use the process below to decide whether a statement is fact or opinion.

Distinguishing between Fact and Opinion

If the answer is yes, the statement is a fact.

Read the statement.

Ask yourself, “Can this statement be proved or disproved?” That is, “Can we find evidence to show whether it is a true state-ment or a false one?”

If not, the statement is an opinion.

Understanding the SkillDiscuss with students the difference between a fact and an opinion. A fact can be proved or disproved, an opinion cannot. Remind students that when they are trying to determine whether a state-ment is a fact or an opinion, they should look for clues such as the phrases “I believe,” “I think,” or “I feel,” which indicate that the statement is an opinion.

Find Examples of Facts and Opinions Bring in copies of the local newspaper or pages from different types of magazines. Organize the class into small groups and give each group different pages. Ask each group to fi nd examples of facts and opinions in the pages it was given. Remind students that even in reputable newspapers or magazines, authors express opinions. Have each group present the facts and the opinions it found. Review these as a class and evaluate them.

Reading Support Student Edition on Audio CD Program


Guided Reading Strategies

Reading Support

OSP Teacher’s One-Stop Planner

Vocabulary Support Vocabulary Activities

Standardized Test Practice Handbook

178 CHAPTER 7

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Identify each of the following statements as a fact or an opinion,

and then explain your choice.

1. John Marshall expanded the power of the Supreme Court by establishing the power of judicial review.

2. John Marshall served for 34 years as chief justice.

3. Most people believe John Marshall served too long as chief justice.

4. Scholars believe the Marbury v. Madison case changed the Supreme Court for the better.

The Power of Judicial Review

The Constitution does not explicitly give the judicial branch the power of judicial review. John Marshall established the power when he served as chief justice of the Supreme Court from 1801 to 1835. Marshall promot-ed the idea of judicial review for the fi rst time in 1803 in the case of Marbury v. Madison.

. . . However, Chief Justice Marshall ruled that the act gave the Supreme Court powers that it had not been granted by the Constitu-tion. Because the Constitution is the supreme law of the land, the Judiciary Act passed by Congress was declared unconstitutional. This was the fi rst time the Supreme Court had declared an act of Congress unconstitutional and thus established the concept of judicial review.

From Chapter 7, p.190

The following passage tells about the infl uence of John Mar-shall on the Supreme Court. All the statements in this passage are facts. What makes them facts and not opinions?

As you read Chapter 7, look closely at statements about the judicial branch. Are they facts or opinions?

You Try It!

KEY TERMSCHAPTER 7

Section 1

crime (p. 181)criminal law (p. 181)civil law (p. 181)common law (p. 182)precedent (p. 183)constitutional law (p. 183)appeal (p. 183)

Section 2

jurisdiction (p. 185)district courts (p.186)original jurisdiction (p. 186)courts of appeals (p. 187)appellate jurisdiction (p. 187)justices (p. 188)

Section 3

judicial review (p. 189)remand (p. 190)opinion (p. 190)concurring opinion (p. 190)dissenting opinion (p. 191)

Academic Vocabulary

Success in school is related to knowing academic vocabulary—the words that are frequently used in school assignments and discussions. In this chapter you will learn the following academic words:

affect (p. 183)authority (p. 185)explicitly (p. 190)

Using Key TermsHave students read the defi nitions of the key terms for this chapter aloud. Then instruct students to choose ten terms from the list and write them on cards. On ten more cards, have students write the defi nitions of the words they have chosen. When they are fi nished, orga-nize students into pairs or small groups. Tell students to spread out one set of 20 cards face down and mix them up. Then have students take turns trying to fi nd and correctly match the terms and their defi nitions. Recommend that students add terms from other chapters to this activity to help them review for tests.

Verbal/Linguistic

Focus on ReadingSee the Reading Skill and Focus on Reading activities, annotations, and questions in this chapter for more prac-tice with this reading skill.

Remind students of the sources they should use when checking facts. These include reliable sources such as encyclopedias, almanacs, dictionaries, public documents, and scientifi c journals. Explain that even when they use verifi able sources, students should locate the same information in more than one source to make sure that it is accurate. Finally, remind students to evaluate sources from the Internet carefully.

Answers1. Fact; it can be proved.2. Fact; it can be proved.3. Opinion; it cannot be proved or disproved.4. Opinion; it cannot be proved or disproved.

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Carved in marble over the entrance of the Supreme Court building in Washington, D.C., is the motto “Equal Justice under Law.” What

does this motto mean to you? It means that you and all other citizens are considered equal and are protected by the rule of law. Laws defi ne individual rights and freedoms. But where does your freedom end and another person’s freedom begin? The judicial branch of the government—the court system—helps fi nd the answer.

Equal Justice under the LawBEFORE YOU READ

The Main Idea

The rights of all U.S. citizens are protected by laws and the courts.

Reading Focus

1. In what ways is the United States a nation of laws?

2. What are the four sourcesof law in the United States?

3. What roles do the courtsplay in the United States?

Key Terms

crime, p. 181criminal law, p. 181civil law, p. 181common law, p. 182precedent, p. 183constitutional law, p. 183appeal, p. 183

As you read, take notes on equal

justice under the law. Use a chart like this one to record your notes.

TAKINGNOTES

A Nation of LawsEvery society needs rules. Without rules, people might feel like they could do any-thing to anybody anytime they wanted. That is one reason why societies have laws. Laws are society’s rules. Laws promote the common good. Laws protect you. Laws, such as traffi c laws and laws against rape and murder, are aimed at protecting your personal and physical safety.

Type of Law Sources Courts

The car is being used as evidence in the trial.

The judge ensures that the law and proper court proce-dures are followed during the trial.

The jury hears the case and decides the guilt or innocence of the defendant.

A criminal trial.

180 CHAPTER 7

Why It MattersRead with students John Rawls’s ATheory of Justice in From the Source: Readings in Economics and Govern-ment. Have students identify Rawls’s ideas of justice, why justice is impor-tant, and the government’s role in estab-lishing justice. (Possible answer: Rawl believes that justice establishes individ-uals’ equal rights and duties and is an essential idea behind today’s societies and governments.) Then ask students to describe their own ideas about justice, its importance, and the government’s role in establishing it.

From the Source: Readings in Economics and Government: Reading 70: A Theory of Justice

Academic VocabularyReview with students the high-use academic term in this section. affect to change or infl uence (p. 183)

Key TermsPreteach the following terms: crime any behavior that is illegal because society, through its government, considers the behavior harmful to society (p. 181)criminal law group of laws that defi ne what acts are crimes (p. 181)civil law group of laws that refer to dis-putes between people (p. 181)common law type of law that comes from judges’ decisions (p. 182)precedent earlier decision (p. 183)constitutional law type of law based on the U.S. Constitution and on Supreme Court decisions interpreting the Constitution (p. 183)appeal process of asking for a review of the court’s decision (p. 183)

Taking NotesType of Law Sources CourtsCriminal law Statutory law Use laws to

settle disputesCivil law Common law Decisions

in lower courts can be appealed in higher courts

AdministrativelawConstitutionallaw

Teach the Main Idea

Equal Justice under the Law1. Teach Ask students the Reading Focus

questions to teach this section.

2. Apply As students read the section, have them take notes on how the U.S. government helps guarantee justice.

3. Review To review the section’s main ideas, have students recite together the last six words of the Pledge of Allegiance: “with liberty and justice for all.”

Explain to the class that the word libertycomes from the Latin word for “free.” Then lead a class discussion on how the ways the U.S. government ensures justice is related to Americans’ freedom.

4. Practice/Homework Have students write a brief essay on the relationship between justice and freedom in the United States.

At Level


Differentiating Instruction

Other laws protect your property, your freedom to speak and practice your religion, and your health. Laws set boundaries or lim-its on behavior. So while you may have the right to practice playing your electric gui-tar, that right is limited somewhat by your neighbor’s right to the peaceful enjoyment of his or her property.

Criminal Law

There are two basic categories of laws, crimi-nal law and civil law. When people talk about “breaking the law,” they are usually referring to a crime. A crimecrime is any behav-ior that is illegal because society, through its government, considers the behavior harmful to society. Criminal lawCriminal law refers to the group of laws that defi ne what acts are crimes. Crimi-nal law also describes how a person accused of a crime should be tried in court and how crimes should be punished.

Criminal laws are intended to protect society as a whole. For example, laws against assault, murder, and rape help protect you and other people from being harmed. Laws against stealing help protect your property

and other people’s property as well. You might think that a crime against another per-son does not affect you, but that is not true. If someone who breaks into your neighbor’s house and steals something is not caught and punished, the criminal may steal again. The criminal might even break into your house next. And if criminals are not caught and punished, people may begin to think that it is okay to steal.

Civil Law

The other basic category of laws is civil law. Civil lawCivil law is the group of laws that refer to dis-putes between people. If you have a dispute with someone and you cannot solve it private-ly, you may go to court to settle the matter. In court, the judge and maybe a jury will listen to the facts of the case. The judge will then apply the civil law and make a decision. Civil laws are used to settle a wide range of personal issues, such as contract disputes, divorce pro-ceedings, and property boundaries.

READING CHECK Finding the Main Idea Howdo laws protect freedom?


HISTORIC DOCUMENT

Hammurabi’s CodeThe Babylonian ruler Hammurabi is credited with putting together the ear-liest known written collection of laws. Written around 1780 BC, Hammurabi’s Code was a collection of 282 laws that set down rules for both criminal and civil law, and informed citizens what was expected of them. There were laws on everything from trade, loans, and theft to marriage, injury, and murder. It contained some ideas that are still found in laws today. Specific crimes brought specific penalties.

Why was it important that Hammurabi’s code was written down?

196. If a man put out the eye of another man, his eye shall be put out.

197. If he break another man’s bone, his bone shall be broken.

198. If he put out the eye of a freed man, or break the bone of a freed man, he shall pay one gold mina.

199. If a man put out the eye of a man’s slave, or break the bone of a man’s slave, he shall pay one-half of its value.

221. If a physician heal the broken bone or diseased soft part of a man, the patient shall pay the physician five shekels in money.

222. If he were a freed man he shall pay three shekels.

223. If he were a slave his owner shall pay the physician two shekels.

– Hammurabi, from the Code of Hammurabi, translated by L. W. King

ANALYZING PRIMARY SOURCESANALYSISSKILL

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Reading Focus

In what ways is the United States a nation of laws?

A Nation of LawsIdentify What are the two basic categories of laws? criminal law and civil law

Explain How do laws both guarantee and limit freedom? They do not give people the freedom to act in ways that would hurt other people’s freedom.

Elaborate How does the American political system help citizens infl u-ence what will become a law? Possible answer: Americans elect lawmakers whom they believe will pass laws they support. Citizens can choose different lawmakers if they do not like the laws passed by their representatives.

AnswersAnalyzing Primary Sources Possible answer: so everyone would know the laws and would not be able to dispute them.Reading Check Possible answer: They protect people’s ability to express themselves safely through property, speech, and religion.

Learners Having Diffi cultyDescribe Different Kinds of Law

1. Create a chart on the board with the following four columns: Statutory Law, Common Law, Administrative Law, and Constitutional Law. Have students copy the chart onto a sheet of paper.

2. As a group, complete the chart by describing each type of U.S. law and adding at least one example of each.

3. Remind students that they can refer back to their charts to recall the different kinds of U.S. law. Visual/Spatial, Verbal/Linguistic Alternative Assessment Handbook: Rubric 13: Graphic Organizers

Info to KnowJury Selection The Jury Selection and Service Act of 1968 recommends that juries be chosen from the list of registered voters. Most states use their voter lists as a source for jurors. Because of varying voter registration rates, however, this list may not meet the requirement that forbids discrimina-tion in jury selection based on race, color, religion, sex, national origin, or economic status. Other lists that states use to select jurors include drivers’ license records, tax rolls, welfare rolls, telephone books, and records of utility company subscribers.

181

Below Level


Using Examples To help stu-dents grasp vague concepts such as different types of law and the roles of the courts, give concrete examples. Then ask students to categorize each one. For example, tell students that the Supreme Court has ruled that segregation, or separating people by race, is illegal. Then ask them to identify which kind of law this represents. constitutional

Sources of LawThere are several sources of criminal and civil law in the United States. The four principal sources include statutory law, common law, administrative law, and constitutional law. All these laws must follow the principles set forth in the Constitution, which is the supreme law of the land.

Statutory Law

Laws that are passed by lawmaking bodies are known as statutes, or statutory laws. Congress and state and local governments pass these laws. Most criminal laws are statutory laws. Many civil laws are also statutes. For example, a state law that requires all public buildings to contain fi re exits is a statutory law.

Statutory laws usually represent majority rule, or what the majority of citizens believe to be right or wrong. If citizens later change their position on the issue, the law can adapt to the country’s needs. Every American cit-izen has the duty to know and obey these laws. One way to practice good citizenship is by obeying laws.

Common Law

No matter how hard the legislature tries, stat-utes cannot cover every type of wrongdoing. Judges and courts must often make decisions based on customs, traditions, and cases that have been decided before. This type of law is called common law. Common lawCommon law is a type of law that comes from judges’ decisions that rely on common sense and previous cases.

For example, before automobiles became a major form of transportation, there were no laws about driving them. So if an automobile ran into a horse and wagon, the driver of the automobile might argue that the case should be dismissed. No laws existed that regulated the speed of automobiles so, the driver might argue, he should not have to pay. Would the case be dismissed? Probably not. The judge might reply that there is an established prin-ciple that people cannot use their property to injure others. The judge would apply tradition and common sense in such a case.

In the previous example, the judge’s deci-sion might be remembered by another judge hearing a similar case. Eventually, most judges

182 CHAPTER 7

Someday after you turn 18, you will probably receive a letter calling you to jury service. Performing this civic duty might be your only involvement with the judicial system—but it is a duty that carries great responsibility. In a criminal case, the jury decides if the defendant is guilty of the crime charged by the government. In a civil case, the jury decides if the defen-dant is liable, or responsible, for the damages named in the case, and if so, how much money to award.

As stated by the Sixth Amendment, the parties in a case are entitled to a

jury selected from a fair cross-section of the community. Lawyers cannotexclude potential jurors on the basis of their gender or identifiable racial or ethnic group. There have been many cases that were appealed because of alleged discrimination during jury selection.

1. How could discrimination in juryselection affect a defendant in a criminal case?

2. Why would it matter to citizens if they were not called for jury duty because of their gender, race, or ethnicity?

Serving on a Jury

American Civil Liberties

What are the four sources of law in the United States?

Sources of LawCompare How are common law and constitutional law similar? Bothdepend on the courts and judges’ decisions.

Contrast How are statutory law and administrative law different? Statutorylaw is passed by lawmaking bodies, while administrative law is created by government agencies.

AnswersAmerican Civil Liberties 1. Possible answer: It could result in a jury that is unfairly biased against the defendant. 2. Possible answer: Being left out of jury duty could mean they are not being treated as full citizens. It might also prevent their point of view from being considered in trials.

English-Language LearnersReport on the Court

1. Organize students into small groups. Tell students to imagine that they are correspondents for a court television network.

2. Review with students the idea that reporters should try to be objective. Have students work together to list opinion words that should be avoided in an objective report.

3. Ask each group to prepare a 1 to 2 minute broadcasting segment that objectively defi nes for the viewer the roles played by courts in the United States.

4. Have groups present their segments to the class. Make sure each group member plays a role in the broadcast. Verbal/Linguistic Alternative Assessment Handbook: Rubric 33: Skits and Reader’s Theater

182

Reading Focus

Standard English MasteryAt Level

Arkansas Curriculum FrameworkCivics for Core Curriculum Grades 9-12C.2.CCC.1; G.3.CCC.3; L.9.CCC.1; L.9.CCC.3; PPE.12.CCC.1; USC.5.CCC.1

Section Correlations


might follow the same precedentprecedent, or earlier decision, when considering such cases. Over time, this rule would become a part of the country’s customary, or common, law.

Administrative Law

Many of the laws that affect our daily lives are created by government agencies instead of legislatures. These laws, which are similar to statutory laws, are known as administra-tive laws. Administrative laws cover many areas of daily life, such as health, safety, edu-cation, and banking. For example, the Con-sumer Product Safety Commission (CPSC)

uses administrative law when it rules that a particular toy is unsafe and must be taken off the market immediately.

Constitutional Law

The Constitution is the supreme law of the United States. Constitutional lawConstitutional law is based on the Constitution and on Supreme Court decisions interpreting the Constitution. Forexample, the Sixth Amendment guarantees that a defendant in a criminal case has the right to the “assistance of counsel” for his or her defense. Because of the Supreme Court ruling in 1963 in the case of Gideon v. Wain-wright, states are required to provide free legal aid to those defendants who cannot afford to pay for legal representation.

READING CHECK Summarizing List and describe the sources of law that exist in the United States.

The Roles of the CourtsCourts use the four sources of law to settle dis-putes. Disputes may take different forms. Some disputes are between people; others are between people and the government; and still others are between governments. In a criminal case, the dispute is between society and an individual. Society is represented by an attorney for the government. In a civil dispute, both sides have attorneys or may represent themselves.

In criminal cases, the person accused of the crime has certain rights, including the

right to an attorney, the right to confront the accuser, and the right to a jury trial. The accused is also always presumed to be innocent. It is up to the person bringing the charges to prove “beyond a reasonable doubt” that the accused is guilty of a crime. Finally, if a person is convicted of a crime, he or she has the right to appeal the decision. An appealappeal is the process by which the per-son asks a higher court to review the result of the trial. A higher court may fi nd that the lower court has applied the law unfairly or inaccurately. A review of a decision helps to ensure that cases are decided fairly.

READING CHECK Evaluating Why do youthink the accused is considered innocent until proven guilty?


Reviewing Ideas and Terms1. a. Defi ne Write a brief defi nition for each of the

following terms: crime, criminal law, and civil law. b. Elaborate How does being a nation of laws both

protect and limit freedom?2. a. Defi ne Write a brief defi nition for each of the

following terms: common law, precedent, andconstitutional law.

b. Support a Point of View Do you thinkcommon law is more just or less just than administrative law? Explain your answer.

3. a. Defi ne Write a brief defi nition for the term appeal. b. Explain What roles do courts play in society?

Critical Thinking4. Categorizing Copy the graphic organizer. Use it and

your notes to explain the four sources of law that govern Americans. Describe each type.

Focus on Writing 5. Problem Solving Write a descriptive paragraph about

life in a country in which there is no rule of law. How might life be improved by establishing a permanent legal system?

KEYWORD: SZ7 HP7

go.hrw.comOnline Quiz

Four Sources of Law

ACADEMIC VOCABULARYaffect: to change or influence

SECTION 1 ASSESSMENT

AnswersReading Check (left) statutory—passed by lawmaking bodies, common—based on precedent, administrative—created by government agencies, constitutional—based on the U.S. Constitution and Supreme Court decisions (right) Possible answer: to make sure no one is convicted of a crime without proof

Section 1 Assessment Answers

1. a. crime, p. 181; criminal law, p. 181; civil law, p. 181 b. It protects basic rights but limits some actions for the benefit of society.

2. a. common law, p. 182; precedent, p. 183; constitutional law, p. 183 b. Possible answers: more just, because it follows common sense; less just, because it might follow an unfair precedent

3. a. appeal, p. 183 b. They settle disputes between individuals, society, and governments.

4. Students should use the graphic organizer to describe the four sources of law.

5. Paragraphs will vary but should consider the benefits laws bring and how U.S. laws are created.

CloseHave students explain how laws and the courts protect U.S. citizens’ rights.

Review Online Quiz: Section 1 Quiz Game

AssessSE Section 1 Assessment

Daily Quizzes: Section 1

Reteach Main Idea Activities for Differentiated Instruction: Section 1

183

Reading Focus

What roles do the courts play in the United States?

The Roles of the Courts Identify What rights do people accused of crimes usually have? the rights to have an attorney, confront the accuser, have a jury trial, and appeal a decision

Analyze What is the purpose of the right of appeal? to make sure that cases are tried fairly and to correct any mistakes that may arise

Community Service and Participation Handbook: Chapter 7

Civics Skills Activity: Analyzing a News Article

184 CHAPTER 7

MEDIALITERACY

CRITICALTHINKING PARTICIPATION

Analyzing a News ArticleLearnOne way to learn about events that are taking place in the world is to read a news article. You can find articles in newspapers, magazines, or on the Inter-net. News articles provide us with easy access to information on current events or issues.

Ideally, news articles should present balanced infor-mation about a subject. Reporters should focus on the important facts related to the story. However, news stories are reported from the perspective of the journalist writing the story. Because much of our knowledge of current events comes from news articles, it is important to be able to analyze them critically. Use the steps below to learn how to ana-lyze a news article.

Practice1 Determine how the story is framed. Read or listen to the news story carefully. Identify the subject of the article, then identify the who, what, when, where, why, and how of the issue.

2 Analyze the facts. Articles should include evidence, such as statistics and quotes from people related to the issue, to back up the main idea.

Carefully analyze the information in the article to determine if it is fact or opinion.

3 Identify the sources. On what does the au-thor base his or her information? Does the article cite reliable or anonymous sources? Questionable sources might make the information the author presents unreliable.

4 Identify points of view. News reporters, though they may try to be balanced, have a point of view. Ask yourself if the article presents more than one point of view. If not, the article may not be balanced.

ApplyCarefully examine the news article below, then answer the questions that follow.

1. What is this news article about? What facts does the author provide?

2. On what sources does the author base his or her information? What evidence do you find that the sources are either reliable or unreliable?

3. Do you think this article is balanced? What ele-ments are someone’s opinion?

July 20, 2005BUSH NOMINATES ROBERTS TO SUPREME COURT

Republicans praise nominee as Dems vow thorough review

WASHINGTON (CNN) -- President Bush on Tuesday chose as his first Supreme Court nominee U.S. Circuit Judge John Roberts Jr., a conser-vative whose selection pleased Republicans and prompted Democrats to vow a thorough review in the Senate.

If confirmed by the Senate, Roberts would replace retiring Justice Sandra Day O’Connor, who gained a reputation as a moderate swing voter in her 24 terms on the nation’s highest court.

Bush called the selection of a nominee to the high court “one of the most consequential decisions a president makes.”

Bush’s announcement, televised nationally in prime time Tuesday from the White House, ended nearly three weeks of fervent specula-tion about who would take O’Connor’s pivotal place on the court.

A senior administration official told CNN that Bush interviewed Roberts Friday at the White House and made his final decision Tues-day morning. He called Roberts about 12:30 p.m. to offer him the appointment.

With Roberts standing at his side, Bush said the nominee “has devot-ed his entire professional life to the cause of justice and is widely admired for his intellect, his sound judgment and personal decency.”

In a brief statement, Roberts said, “It is both an honor and very hum-bling to be nominated to serve on the Supreme Court.”

Source: CNN.com

Analyzing a News ArticleEvaluate an Article Hand

out copies of a recent news article to students. Ask students to create a chart showing facts in the article, sources, and any bias they feel the article contains. Have students work in pairs to complete the chart. When they have fi nished, create a master chart on the board, and invite student pairs to come to the board and fi ll in one or two answers. Ask students to compare their charts with the master chart, and discuss any similarities or differences they notice in the information.

184 CHAPTER 7

AnswersApply 1. The nomination of John Roberts Jr. to the U.S. Supreme Court by President Bush; students should list all facts in the article, such as the nomination of Roberts by President Bush, or the retirement of Sandra Day O’Connor, who served as justice of the Supreme Court for 24 terms. 2. A senior administration official; students should cite evidence from the story that makes it reliable or unreliable. 3. Students’answers will vary but should explain whether or not they feel the article is balanced. The quotes included in the article are opinions.

Determine Fact and Opinion1. Hand out copies of a recent or historical news

article to students.

2. Ask students to read through the article once, without making any notes or markings. Then, ask students to read through the article a second time. As they read, have students underline statements they believe are facts,

and circle statements they believe are opinions.

3. When students have fi nished, have them compare their marked-up articles with a partner. Ask them to discuss any differences they notice with their partner. Verbal/Linguistic

Online Resourcesgo.hrw.com

KEYWORD: SZ7 CH7ACTIVITY: Analyzing a News Article

At Level


The Federal Court SystemBEFORE YOU READ

The Main Idea

The federal court system consists of three levels of courts, each of which has specific duties.

Reading Focus

1. What is the purpose of the U.S. district courts?

2. How are the U.S. courts of appeals different from the district courts?

3. What is the role of the U.S. Supreme Court?

Key Terms

jurisdiction, p. 185district courts, p. 186original jurisdiction, p. 186courts of appeals, p. 187appellate jurisdiction, p. 187justices, p. 188

As you read, take notes on how the

U.S. federal court system is organized. Use a chart like this one to record your notes.

Let’s say that your favorite actor is arrested during a protest. She might agree to pay a fi ne, but she might also decide to take her case to court.

Depending on the events surrounding the arrest, her lawyers might argue that her First Amendment right, her right to free speech, has been violated. If so, her case would be tried in a federal court.

U.S. District Courts The U.S. Constitution, in Article III, Section 1, provides that “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior [lower] courts as the Congress may from time to time ... establish.” The First Congress used this con-stitutional power to set up a system of fed-eral courts. There are three levels of federal courts.

Each level of the federal court system is given jurisdiction in several different kinds of cases. The jurisdictionjurisdiction of a court is the extent or scope of authority that court has to hear and decide a case that has properly been brought before it. There are two types of jurisdiction: original and appellate.

TAKINGNOTES

Bernie Ebbers, founder and former chief executive of WorldCom, exits a New York City court in July 2005 after being sentenced to 25 years in prison for his role in the company’s accounting fraud case. Cases such as these are tried in the federal court system.

ACADEMIC VOCABULARYauthority:power, right to rule

Why It MattersWrite the following question on the board: What if all federal court cases had to be tried in Washington, D.C., and not in the state where the crime was committed? Ask students to suggest scenarios that reveal the problems involved in moving a case from its ori-gin to a distant site. (Students’ scenarios may include an uninformed jury or the inability of witnesses to travel.) Then lead a class discussion on ways the federal court system could be set up to avoid these and other problems.

Academic VocabularyReview with students the high-use academic term in this section. authority power, right to rule (p. 185)

Key TermsPreteach the following terms: jurisdiction extent of the court’s authority to hear and decide a case brought before it (p. 185)district courts lowest level of federal courts in the United States (p. 186)original jurisdiction authority to be the fi rst courts in which cases are heard (p. 186)courts of appeals second level of the federal court system (p. 187)appellate jurisdiction power to review decisions made by lower courts (p. 187)justices Supreme Court judges (p. 188)

Taking Notes

U.S. Supreme Court

U.S. courts of appeals in 12 circuits

U.S. district courts in all states

1. Teach Ask students the Reading Focus questions to teach this section.

2. Apply Ask students to create an outline of the section as they read. Then divide students into three groups. Assign one group the district courts, another the courts of appeals, and the third the U.S. Supreme Court. Based on students’ outlines, have

each group create a poster showing the functions of its assigned level of courts.

3. Review Have each group present its poster to the class and explain the importance of its level of courts.

4. Practice/Homework Have students write a short story tracking a case as it moves through the federal court system.

The Federal Court System

Teach the Main Idea At Level


Arkansas Curriculum FrameworkCivics for Core Curriculum Grades 9-12SG.8.CCC.3




U.S. District CourtU.S. Court of Appeals

U.S. Federal Districts

The lowest level of federal courts is the U.S. district courts. District courtsDistrict courts are the trial courts, and they are courts of original juris-diction. Original jurisdictionOriginal jurisdiction is the authority of a court to hear and decide a case for the fi rst time. The district court is the only fed-eral court in which jury trials are held. District courts cannot hear appeals from other courts.

Federal district courts are the “local” courts in the federal court system. There is at least one district court in each of the 50 states and in the District of Columbia. Some states are divided into as many as four federal court districts. There are 94 federal district courts in the United States.

U.S. District Judges

Judges, including federal judges, do not make law. That is the job of the legislature. Judges apply the relevant law to the case before them. In the federal court system, there may be one judge in a district court,

or there may be as many as 28 judges, depending on the caseload of the court.

Federal district judges are trial judges. They conduct both civil and criminal trials, with and without juries. They also rule on court procedures and apply the relevant law to the facts of the case. If there is no jury, the judge also decides which side wins and sets the remedy for the winner. In a criminal case, the judge also decides the punishment.

All federal judges, except those in U.S. territories, are appointed for life by the presi-dent and must be approved by the Senate. Federal judges can be removed from offi ce only by impeachment by Congress. Nei-ther Congress nor the president can lower a judge’s salary during his or her time in offi ce. These guarantees were written into the Con-stitution to ensure that judges are not pun-ished for their decisions in cases.

READING CHECK Evaluating Why are federaljudges appointed for life at a fixed salary?

186 CHAPTER 7

The U.S. Supreme Court is the highest court in the federal court system. As such, it is the final stop for many cases on appeal. The illustration below shows the most common path that cases take to reach the Supreme Court—through the federal court system. However, cases do sometimes reach the Supreme Court through appeals from the state court systems.

Ninety-four U.S. district courts around the country hear both criminal and civil federal court cases. If a person loses a case in district court, he or she may ask that the case be reviewed by a U.S. court of appeals. On rare occasions, cases from district court may be appealed directly to the U.S. Supreme Court.

The U.S. Courts of Appeals hear appeals from federal district courts. Their job is to determine

whether the original trial was fair. These courts may send the case back to the district court for a new

trial or uphold the lower court’s decision.

What is the purpose of the U.S. district courts?

U.S. District CourtsRecall What guarantees help ensure that federal judges are not punished or rewarded for their decisions in cases? They are appointed for life, and neither Congress nor the president can lower their salaries while they are in offi ce.

Make Inferences Why do you think all states have at least one federal dis-trict court? Possible answer: to make sure all U.S. citizens and residents have access to federal courts without having to travel too far

AnswersReading Check to ensure that they are not punished for their decisions in cases

Advanced Learners/GATEUnderstand the Judiciary Act of 1789

1. Organize students into pairs.

2. Distribute the Judiciary Act of 1789 from the From the Source: Readings in Economics and Government booklet to each pair. Have students work together to read the document and answer the questions.

3. Ask volunteers to share their answers to the questions and read aloud the passages in the document that support those answers.

Verbal/Linguistic From the Source: Readings in Economics and Government: Reading 37: Judiciary Act of 1789

186

Reading Focus

Above Level

Info to KnowAssigning Judges to Cases To make sure that cases are distributed evenly and that prosecutors and defendants cannot choose their judge, district court judges are usually assigned cases according to a random system. Some-times, however, judges may be assigned cases in an area in which they have special expertise—for example, cases involving prisoners. As another guaran-tee of fairness, judges are not allowed to preside over cases in which their personal interests might infl uence their decision.

Critical Thinking: Interpreting Maps

U.S. Supreme Court


U.S. Courts of AppealsAfter a trial in a district court, the losing party may appeal to the next level of courts. The next level of courts in the federal court system consists of courts of appealscourts of appeals.These courts have what is called appellateappellate jurisdictionjurisdiction. The term appellate means “relating to appeals,” so a court with appel-late jurisdiction has the power to review decisions made by lower courts.

The federal court system, with its 94 dis-trict courts, is divided into 12 judicial circuits. Each circuit has its own court of appeals. For example, if you live in West Virginia, Virginia, North Carolina, or South Carolina, you live in the 4th Judicial Circuit. The 12th circuit is the District of Columbia. Each court of appeals has between 6 and 28 judges. The judge of each circuit who has served the longest and is under 65 years of age serves as the senior judge. Again, like other federal judges, appel-late court judges are appointed for life.

Courts of appeals do not hold trials. Instead, a panel of at least three judges makes a decision on the case. Appellate judges examine the records of the dis-trict court trial and hear arguments by the lawyers for both sides. The judges do not determine whether the accused person is guilty or innocent of the crime. Their job is to determine only whether the original trial was fair and if the law was interpreted correctly.

The judges reach their decision by majority vote. The court of appeals may send the case back to the district court for a new trial, or it may uphold the district court’s decision. In most cases, the decision of the court of appeals is fi nal. Sometimes, however, yet another appeal is made to the U.S. Supreme Court.

READING CHECK Identifying Cause and Effect Why are cases sent to the court of appeals, and what are the possible results?

ANALYSISSKILL ANALYZING VISUALS

1. What are the steps that a case may take through the judicial system?

2. Why might a court of appeals send a case back to a district court for a new trial?

✴ Interactive Art

go.hrw.comKEYWORD: SZ7 CH7

Parties who lose their case in the U.S. Courts of Appeals have the right to ask the U.S. Supreme Court to hear their case. The Supreme Court, however, is not required to hear every case. Of the approximately 7,000 cases the Court is asked to review each year, it generally hears fewer than 100.

As the highest court in the land, decisions by the U.S. Supreme Court are final. The Supreme

Court may uphold the decision of the lower court, send the case back for a new trial, or

declare an action or law unconstitutional.

Reading Skill Tell students that judges in

appeals courts such as circuit courts and the U.S. Supreme Court write legal documents called opinions explain-ing the reasoning behind their rulings. Find and distribute copies of an excerpt from a recent opinion to students. Help students understand the idea of judicial opinions by reviewing the difference be-tween facts and opinions. Ask students how the two different uses of the word opinion are related. Then ask them to explain how facts are needed to support both kinds of opinion.

✴ Interactive Art: Have students visit go.hrw.com (Keyword: SZ7 CH7) to use an interactive version of “Road to the Supreme Court.”

Reading Focus

How are the U.S. courts of appeals different from the district courts?

U.S. Courts of AppealsIdentify How many U.S. courts of appeals exist, and how are they divided? 12; They are divided into circuits by region.

Draw Conclusions Why does the United States give different kinds of courts original jurisdiction and appellate jurisdiction? Possible answer: to make sure that appellate judges have not seen the case before and can review appeals fairly

Identify Appellate Court Circuits1. Organize the class into pairs. Give each pair a

copy of a map that shows the twelve judicial circuits in the United States.

2. Ask students to identify the circuit in which your state is located. Then have each pair of students write fi ve questions about the map.

3. Invite pairs to exchange and answer each other’s questions. Have students check to make sure their classmates’ answers are correct. Visual/Spatial, Verbal/Linguistic Alternative Assessment Handbook: Rubric 21: Map Reading

At Level AnswersAnalyzing Visuals 1. The case is heard in a U.S. district court and can then be reviewed by a U.S. court of appeals. The appeals court may send the case back to the district court for a new trial or uphold the decision; it can then be appealed to the U.S. Supreme Court.2. if the court feels a fair trial was not given in the district courtReading Check to review decisions and make sure the person who appealed was granted full legal rights; A case can be sent back to district court for a new trial or the decision may be upheld.

187

The U.S. Supreme CourtThe highest court in the land is the U.S. Supreme Court, which meets in Washing-ton, D.C. The Supreme Court is mainly an appeals court. It reviews cases that have been tried in lower federal courts and in state courts. The decisions of the Supreme Court’s nine justicesjustices, or judges, cannot be appealed.

The Constitution does give the Supreme Court original jurisdiction in three types of cases. First, the Supreme Court tries cases involving diplomatic representatives of oth-er countries. Second, the court has jurisdic-tion in cases between states. For example, the Supreme Court once settled a dispute between Arizona and California over the use of water from the Colorado River basin. The Court also hears cases involving a state and the federal government.

READING CHECK Drawing Inferences and Conclusions Why might the Supreme Court have been given original jurisdiction in the three areas mentioned above?

188 CHAPTER 7


following terms: jurisdiction, district courts, and original jurisdiction.

b. Elaborate What is the purpose of the U.S.district courts?

2. a. Defi ne Write a brief defi nition for each of the following terms: courts of appeals and appellate jurisdiction.

b. Explain How are courts of appeals different from district courts?

c. Evaluate In a court of appeals, a three-judge panel usually hears and decides cases. Why do you think it is important for three judges to hear an appeal instead of just one?

3. a. Write a brief defi nition for the following term: justices.

b. Recall What role does the U.S. Supreme Court play in the U.S. court system?

Critical Thinking4. Summarizing Copy the graphic organizer below.

Use it and your notes to identify and describe the three levels of federal courts.

Focus on Writing 5. Supporting a Point of View Write a position

statement supporting or opposing a constitutional amendment that would end the system of lifetime appointments for federal judges.

SECTION 2 ASSESSMENTKEYWORD: SZ7 HP7


Makeup of the Supreme CourtThe nine justices—a chief justice and eight associate justices—on the Supreme Court are appointed for life by the president, but the Senate must approve these appointments by majority vote.

• Chief Justice John G. Roberts Jr., appointed in 2005by President George W. Bush

• John P. Stevens, appointed in 1975 by President Gerald R. Ford • Antonin Scalia, appointed in1986 by President Ronald Reagan • Anthony Kennedy, appointed in 1988 by President Ronald Reagan • David H. Souter, appointed in 1990 by President George

H. W. Bush • Clarence Thomas, appointed in 1991 by President George

H. W. Bush • Ruth Bader Ginsberg, appointed in 1993 by President Bill Clinton • Stephen G. Breyer, appointed in 1994 by President Bill Clinton • Samuel A. Alito Jr., appointed in 2005 by President George

W. Bush

ANALYSISSKILL ANALYZING INFORMATION

Drawing Conclusions Why must the Senate approve the president’s choices for the Supreme Court?

The Three Levels of Federal Courts

What is the role of the U.S. Supreme Court?

The U.S. Supreme CourtIdentify What is the main function of the Supreme Court? to act as an appeals court

Make Generalizations In what kinds of cases does the Supreme Court have original jurisdiction? in cases that involve diplomatic representa-tives of other countries, cases between states, and cases involving a state and the federal government

CloseReview the specifi c duties of each kind of federal court.

Review Online Quiz: Section 2 Quiz Game




AnswersAnalyzing Information Possibleanswer: to make sure that power is balanced between the executive and legislative branchesReading Check Possible answer: so that relations between countries are handled by the highest court in the land, and so that state or regional courts do not favor one state over another or over the federal government


1. a. jurisdiction, p. 185; district courts, p. 186; original jurisdiction, p. 186 b. to hold trials in federal cases

2. a. courts of appeals, p. 187; appellate juris-diction, p. 187 b. They review cases that have been decided in district courts. In appel-late courts, judges, not a jury, either uphold a decision or send a case back to lower court—they do not rule on guilt or inno-cence. c. Possible answer: to make sure the decision is fair, not just one person’s opinion

3. a. justices, p. 188 b. acts as a final court of appeals and judges cases between governments

4. Students should use the graphic organizer to identify and describe the three levels of fed-eral courts.

5. Position statements will vary but should consider the benefits and disadvantages of lifetime appointments.

188

Reading Focus


The Supreme CourtBEFORE YOU READ

The Main Idea

The Supreme Court hears appeals, reviews laws,and strongly influences American society.

Reading Focus

1. What is the power ofjudicial review?

2. What are the constitutional checks on the Supreme Court’s powers?

3. How has the SupremeCourt strengthenedconstitutional rights?

Key Terms

judicial review, p. 189remand, p. 190opinion, p. 190concurring opinion, p. 190dissenting opinion, p. 191

As you read,take notes on

how the Supreme Court can influence society. Use a graphic organizer like thisone to record your notes.

What kinds of activities are pro-tected by your right to free speech? What is cruel and unusual punish-ment? These are all constitutional

questions, and many of them have been addressed by the courts. In fact, lower state and federal courts frequently deal with constitutional issues, but their rul-ings are not the fi nal word. In our system of govern-ment, the Supreme Court has the fi nal say about what is constitutional and what is not.

The Power ofJudicial ReviewOver the years, laws have been passed that have later been considered unconstitution-al. Laws about segregation and discrimina-tion are good examples. How can such laws be changed? The answers lie with a unique feature of the U.S. court system called the power of judicial reviewjudicial review. This power allows courts to decide whether a law or a presi-dential action is in agreement with the Constitution. The Supreme Court holds the ultimate authority to make this deci-sion. If a court decides that a law confl icts with the Constitution, that law is declared unconstitutional.

TAKINGNOTES

The first eight chief justices of the Supreme Court were John Jay, John Rutledge, Oliver Ellsworth, John Marshall, Roger B. Taney, Salmon P. Chase, Morrison R. Waite, and Melville W. Fuller.

Why It MattersWrite the following statement on the board: Every case is eligible to be tried before the Supreme Court. Ask students whether they agree or disagree with this statement and why. Ask them how they think the Supreme Court decides which cases to try. Help students understand that the Court carefully chooses to consider cases on appeal that deal with important issues.

Academic VocabularyReview with students the high-use academic term in this section. explicitly fully revealed without vagueness (p. 190)

Key TermsPreteach the following terms: judicial review courts’ power to decide whether a law or presidential action is in agreement with the Constitution (p. 189)remand return a case to a lower court (p. 190)opinion explanation of the reasoning that led to a Supreme Court decision (p. 190)concurring opinion explanation of a justice who agrees with the decision of the majority, but for different reasons (p. 190)dissenting opinion explanation of the reasoning of justices who disagree with a majority Supreme Court decision (p. 191)

Vocabulary Activities: Chapter 7

Taking Notes

Judicial review:allows courts to decide if laws and actions are

unconstitutional

Checking the court’s power:

Supreme Court can be checked by and check the powers of other government

branches

Strengtheningrights: Supreme Court decisions have made

changes to the rights of Americans1. Teach Ask students the Reading Focus

questions to teach this section.

2. Apply Have students summarize the main idea of each main head in this section in one sentence.

3. Review Have students contribute ideas from their sentences to a class paragraph

summarizing the section. Write the paragraph on the board.

4. Practice/Homework Ask students to imagine that they are justices on the Supreme Court. Have them prepare a brief public statement explaining their work and the importance of the Court.

The Supreme Court

Teach the Main Idea


At Level

Arkansas Curriculum FrameworkCivics for Core Curriculum Grades 9-12L.9.CCC.3; SG.8.CCC.3



Collaborative Learning

190 CHAPTER 7

The Constitution does not explicitlygive the judicial branch the power of judicial review. John Marshall established the power when he served as chief justice of the Supreme Court from 1801 to 1835. Marshall promoted the idea of judicial review for the fi rst time in 1803 in the case of Marbury v. Madison.

The case involved William Marbury, who had been promised an appointment as a jus-tice of the peace by outgoing president John Adams. President Thomas Jefferson ordered the new secretary of state, James Madison, to deny Marbury’s appointment. Marbury claimed that the Judiciary Act of 1789 gave the Supreme Court the power to order Madi-son to give him the promised appointment. However, Chief Justice Marshall ruled that the act gave the Supreme Court powers that it had not been granted by the Constitution. Because the Constitution is the supreme law of the land, the Judiciary Act passed by Con-gress was declared unconstitutional. This was the fi rst time the Supreme Court had declared an act of Congress unconstitutional and thus established the concept of judicial review.

Choosing Cases

More than 7,000 cases are fi led with the Supreme Court each year. The Court may

decide, with or without a formal written opinion, only about 130 to 150 of those cases. It accepts only those cases that gen-erally deal with important constitutional or national questions. At least four of the nine justices must vote to hear a case. If the Supreme Court refuses to review a case, the decision of the lower court remains in effect. The Court may also remandremand, or return, a case to a lower court for a new trial.

Hearing and Deciding Cases

The Supreme Court hears cases by oral argu-ment. Lawyers for the parties in a case each have 30 minutes to present their arguments. Then the justices spend their time reading written arguments and considering what was said in court. When they are ready to decide a case, they hold a private meeting to vote. Each justice has one vote, and deci-sions are reached by a simple majority.

After deliberation and voting, the Court delivers its opinion. An opinionopinion explains the reasoning that led to the decision. The Court’s opinion is binding on all lower courts. Sometimes a justice agrees with the decision of the majority, but for different reasons. In that case, the justice may decide to write a concurring opinionconcurring opinion.

The Supreme Court has interpreted the Constitution differently at different times. For example, the Court ruled in Scott v. Sandford that African Americans were not considered U.S. citizens. Later, in Plessy v. Ferguson, the Court legalized “separate but equal” facilities for African Americans and whites. The Court put an end to legal segregation in 1954 in Brown v. Board of Education.

How were the rulings in Plessy v. Ferguson and Brown v. Board of Education different?

Opinions: SegregationChanging Court

Dred Scott’s attempt to win his freedom was defeated when the Supreme Court ruled that slaves had no right to sue in federal courts because they were considered property, not citizens.

1857 Scott v. Sandford

ACADEMIC VOCABULARYexplicitly:fully revealed without vagueness

Reading Focus

What is the power of judicial review?

The Power of Judicial ReviewExplain How does the Supreme Court decide to hear a case? at least four justices vote to hear it

Evaluate Do you think concurring opinions or dissenting opinions are more infl uential? Students’ answers will vary but should show students’ understanding that all opinions show justices’ reasoning and can infl uence the law.

Simulations and Case Studies: Lesson 6: Bethel School District v. MatthewFraser

U.S. Supreme Court Case Studies: Case 1: Marbury v. Madison

Linking to TodaySupreme Court Vacancies In 2005, shortly after Justice Sandra Day O’Connor announced her decision to retire, Chief Justice William Rehnquist died of cancer. President George W. Bush had already selected John Roberts to replace O’Connor but decided to nominate him for chief justice instead. Although the Court had not had two vacancies at the same time since 1971, the Senate did approve two nominees at the same time in 1986. After Chief Justice Warren Burger retired, the Senate had to confi rm both Rehnquist’s elevation to chief justice and Antonin Scalia’s nomination to fi ll Rehnquist’s vacant seat.

AnswersQuick Facts Plessy v. Ferguson ruled that segregated facilities were allowed as long as they were equal to each other; Brown v. Board of Ed ruled that segregation was illegal.

Hold a Moot Court1. Divide students into three groups: the

Supreme Court, attorneys for the petitioner, and attorneys for the respondent, and assign one student to be court recorder.

2. Have students follow the directions of Lesson 7: Moot Court: Jones v. Clear Creek ISD in

the Simulations and Case Studies booklet to prepare for a moot court.

3. Hold the moot court to decide the case. Verbal/Linguistic, Interpersonal

Simulations and Case Studies: Lesson 7: Moot Court: Jones v. Clear Creek ISD


KEYWORD: SZ7 CH7ACTIVITY: Supreme Court Procedures

190

At Level


In many cases, one or more justices disagree with the majority opinion. These justices may fi le a dissenting opinion. The dissenting opiniondissenting opinion explains why the jus-tice believes the majority opinion is wrong. Although dissenting opinions have no effect on the law, they are still important. Many dissenting opinions have later become the law of the land when the beliefs of society and the opinions of the justices change. For example, in Plessy v. Ferguson, Justice John M. Harlan dissented, saying that the Constitu-tion should not be interpreted in ways that recognize class or racial distinctions.

Supreme Court Justices

The size of the Supreme Court is determined by Congress. Since 1869, the number of jus-tices has been set at nine. The Court has a chief justice, who is the principal judge, and eight associate justices. Supreme Court jus-tices, like other federal judges, are appointed for life by the president and approved by the Senate. Justices can be removed only by impeachment. There are no special require-ments to be a Supreme Court justice.

READING CHECK Summarizing How can the power of judicial review have an affect on the laws that are passed by Congress?

Checking the Court’s PowerHow do the other branches of government check the powers of the judicial branch? The executive branch—the president—has the power to appoint all federal judges, includ-ing Supreme Court justices. Of course, the Senate must confi rm all nominees for fed-eral judgeships, including Supreme Court justices. If a nominee cannot win the sup-port of a majority of the senators, the nomination may be rejected and the presi-dent would have to appoint someone else.

If the Court rules that a law is unconsti-tutional, Congress can try to write a better law. Congress may change the law enough so that the Supreme Court can uphold the new law. Another way for Congress to check the Court’s power is to amend the Constitution. For example, in 1895 the Supreme Court declared that an income tax law passed by Congress was unconstitutional. So in 1913 the states ratifi ed the Sixteenth Amendment, which gave Congress the power to tax a per-son’s income. The income tax then became legal and constitutional.

READING CHECK Finding the Main Idea Whatare two ways the legislative branch can check the power of the Supreme Court?


African American Homer Plessy was arrested for riding in a “whites-only” railcar in Louisiana. The Court justified segregation by ruling that separate facilities for different races were legal as long as those facilities were equal to one another.

1896 Plessy v. FergusonIn a unanimous decision, the Supreme Court ruled that segregated schools were not equal and therefore violated the Fourteenth Amendment’s guarantee of equal protection under the law.

1954 Brown v. Board of Education

cp11se_c07_final(r).indd 191 5/5/09 7:28:15 PM

Reading Focus

What are the constitutional checks on the Supreme Court’s powers?

Checking the Court’s PowerDescribe What happens if a Supreme Court justice nomination is not supported by a majority of the Senate? The nomination may be rejected and the president will have to choose someone else.

Predict How do you think Americans would react if the execu-tive branch did not enforce a Supreme Court decision? Possible answer: They might be angry; they might approve because they feel that the Court had taken too much power in making its decision.

Challenge and Enrichment Activities: Chapter 7

AnswersReading Check (left) Possible answer: It determines which laws are valid and what kinds of laws can be enacted.Reading Check (right) by passing new laws to replace those found unconstitutional and by passing amendments to the Constitution

English Language LearnersWrite a Want Ad for a Supreme Court Justice

1. Tell students to imagine that there is a vacancy on the Supreme Court.

2. Refer students to the Chapter 22 Media Literacy Skill on p. 585 to see a model help wanted advertisement.

3. Have each student write a want ad for the position of Supreme Court justice. The ad should explain the appointment process and

the length of the term. Students should also include job requirements and qualifi cations. Encourage students to be creative in their attempts to attract people to work for the Supreme Court.

4. Ask volunteers to share their advertisements with the class. Verbal/Linguistic Alternative Assessment Handbook: Rubric 2: Advertisements


KEYWORD: SZ7 CH7ACTIVITY: Landmark Supreme Court Cases

191

At Level

there were separate-but-equal facilities for whites and African Americans. In Brown,the Court ruled that segregated schools were inherently unequal and therefore violated the Fourteenth Amendment. The Court ruled that public schools be desegre-gated “with all deliberate speed.”

The 1954 Brown decision did not com-pletely eliminate segregation. It took other cases and decisions to strike down other dis-criminatory laws.

Like the Brown decision, other Supreme Court opinions have made far-reaching changes in American life. For example, the Court has made several rulings on the rights of the accused and voting rights.

In the 1966 case of Miranda v. Arizona,the Court declared that the police must inform arrested suspects of their rights before questioning them.

The Court also made several decisions in the 1960s affecting voting rights and representation in Congress. These deci-sions were aimed at ensuring that each person’s vote counts the same as any other person’s vote.

READING CHECK Analyzing Information Howhas the Supreme Court made sure that the Consti-tution applies to all Americans?

192 CHAPTER 7


following terms: judicial review, remand, opinion,concurring opinion, and dissenting opinion.

b. Compare and Contrast What are the differ-ences between a concurring opinion and a dissent-ing opinion?

2. a. Recall What can Congress do to check the power of the Supreme Court?

b. Support a Point of View Does the Supreme Court have too much power? Why?

3. a. Summarize What are some issues Supreme Court cases have addressed?

b. Elaborate What might happen if people did not have the rights established in Miranda v. Arizona?Explain your answer.

Critical Thinking4. Sequencing Copy the graphic organizer. Use

it to identify the steps a case goes through in the Supreme Court.

Focus on Writing5. Identifying Points of View You are a sena-

tor considering a presidential nominee for Supreme Court justice. Write a letter to your colleagues explaining how you intend to vote for the nominee.

SECTION 3 ASSESSMENTKEYWORD: SZ7 HP7


Thurgood Marshall was born in Bal-timore, Maryland. He graduated first in his class from Howard Law School

in 1933 and soon became a key legal council for the National Association for the Advancement of Colored People (NAACP). He helped the NAACP win several important civil rights cases. Perhaps his most famous victory was Brown v. Board of Educa-tion, which outlawed segregation in public schools.

Marshall was appointed to a federal court of appeals in 1961. He became the first African American justice on the Supreme Court in 1967, serving for more than 20 years. Marshall retired from the court in 1991. He left behind a legacy of defending individual rights and demanding equal justice for all Americans.

Explain How did Marshall contribute to the U.S. legal system?

ThurgoodThurgoodMarshall Marshall

(1908—1993)

FOCUS ONFOCUS ON

Strengthening RightsSupreme Court decisions have allowed the Constitution to meet the demands of changing times. For example, in 1954 the Court decided in the case of Brown v. Board of Education that the segregation of public schools was unconstitutional. By doing this the Court reversed an earlier opinion that said segregation was constitutional as long as

Reading Focus

How has the Supreme Court strength-ened constitutional rights?

Strengthening RightsIdentify What is one Supreme Court ruling that strengthened the rights of accused persons? How? Miranda v. Arizona declared that arrested sus-pects must be informed of their rights before questioning.

Make Inferences How do you think Supreme Court rulings on voting and civil rights might also help protect other important rights? These deci-sions set a precedent for the Court to make a commitment to protect all constitutional rights.

Graphic Organizer Activities: Chapter 7 U.S. Supreme Court Case Studies: Case 8: Plessy v. Ferguson and Brownv. Board of Education

AnswersFocus On He worked to defend individual rights and demanded equal justice for all Americans. Reading Check It has required fair treatment of people accused of committing a crime, equal voting rights, and equal civil rights for all Americans.


1. a. judicial review, p. 189; remand, p. 190; opinion, p. 190; concurring opinion, p. 190; dissenting opinion, p. 191 b. concurring opin-ion—agrees with the majority opinion for different reasons; dissenting—disagrees with the majority

2. a. replace unconstitutional laws and amend the Constitution b. Answers will vary but should show students’ understanding of the power of the Supreme Court.

3. a. civil rights and civil liberties, rights of accused persons, voting rights and represen-tation b. Possible answer: Arrested suspects might not be aware of their rights before being questioned, possibly leading to wrong convictions or imprisonments.

4. Students should identify the steps a Supreme Court case goes through.

5. Opinions in letters will vary but should con-sider the impact of the appointment.

CloseLead a discussion on the ways the Supreme Court and its justices infl uence American society.

Review Online Quiz: Section 3 Quiz Game Vocabulary Activities: Chapter 7




192


Interdisciplinary Connection: Focus on Art


hen Mexico, Missouri, bicyclists ride safely between Fairground and Lakeview Parks or on the Lakeview trail, they will have a local Project Citizen class to thank. These students supported the Lakeview trail pro-posal, wrote rules for the trail, and planned a bike-lane route to connect the two parks.

Community Connection Students in Ms. Diana Henage’s class were concerned that their city did not provide any areas designat-ed for bicycle riding. There were no bike trails and no bicycle lanes on city streets. When the students conducted community surveys, they found there was overwhelming public support for the creation of such bicycle lanes and trails.

Taking Action The class created a “Pedal to the Metal” proposal. They wanted to create bicycle lanes connecting two public parks. They also wanted to establish rules for cyclists, walkers, and people in wheelchairs on trails. They began by interviewing city offi cials about a park bicycle trail that was already being considered, as well as their new proposal. With student support, the park trail was approved, and the city council agreed to consider painting bike lanes. But the class did not stop there. The students gathered information on statewide bicycle programs and then sent lists of rules and regulations to the city manager and the city parks director for fi nal approval. The students look forward to seeing their rules posted at the entrance of the new Lakeview Park Trail!

EncouragingEncouragingSafe Exercise Safe Exercise

1. How were the students inspired to promote safe exercise in their community?

2. How did the students work with local officials to gain support for their ideas?

KEYWORD: SZ7 CH7

go.hrw.comProject Citizen

SERVICE LEARNING

Designated bike lanes and bike trails make bicycling safer.

Info to KnowBenefi ts of Bicycle Lanes Bicycle lanes can help make the road safer not only for cyclists but also for drivers and pedestrians. One survey of League of American Bicyclist members found that bike lanes were the safest place to ride—safer than streets, sidewalks, or bike trails. In places with bike lanes, both overall accidents and those involv-ing bicycles can fall from a third to more than half. On streets with bike lanes, riders are also much less likely to violate traffi c rules. In addition, the presence of bicycle lanes often encour-ages more people to ride their bicycles and get the benefi ts of exercise.

Students Take Action Activities

Answers 1. They were concerned that their city provided no areas designated for bicycle riding 2. They talked about the issue with local and state officials to get their feedback and advice—and eventually their support.

1. Point out that the Missouri students helped people better appreciate the outdoors through safe bike riding. Another way people express and appreciate the beauty of the outdoors is through art.

2. Tell students that a work of art showing outdoor scenery is called a landscape. Have

students research famous landscapes in books.

3. Take the class outside on the school grounds. Using colored pencils or watercolor paints, have students create landscapes. Encourage students to add people doing outdoor activities in their landscapes. Visual/Spatial

193

At Level

Create a Landscape

U.S. District Court

U.S. Court of Appeals

The SupremeCourt

194 CHAPTER 7

CHAPTER 7 REVIEW

Reviewing Key TermsFor each term below, write a sentence explaining its signifi cance to the judicial branch.

1. crime

2. criminal law

3. civil law

4. common law

5. precedent

6. constitutional law

7. appeal

8. jurisdiction

9. district courts

10. original jurisdiction

11. courts of appeals

12. appellate jurisdiction

13. justices

14. judicial review

15. remand

16. opinion

17. concurring opinion

18. dissenting opinion

Visual SummaryUse the visual summary to help you review the main ideas of the chapter.

There are three main levels of federal courts that lead to the U.S. Supreme Court, the court that has the final say on what is constitutional and what is not.

Comprehension and Critical ThinkingSECTION 1 (Pages 180–183)

19. a. Describe What are the types of laws that exist in the United States?

b. Explain What purposes do U.S. courts serve?

SECTION 2 (Pages 185–188)

20. a. Recall What two kinds of cases are tried in district courts?

b. Sequence How is the federal court system organized?

SECTION 3 (Pages 189–192)

21. a. Recall How are appointments made to the Supreme Court, and how long do justices serve?

b. Summarize How did John Marshall increase the Supreme Court’s power?

c. Elaborate How does the Supreme Court limit Congress’s power?

194 CHAPTER 7

Reviewing Key Terms 1. When a person commits a crime, he

or she is tried in a court.

2. Criminal law deals with acts that are considered crimes.

3. In a civil case, a judge applies civil law when making a decision.

4. Common law relies on both the common sense of judges and the outcomes of previous cases.

5. A judge may choose to follow the precedent of a previous case when making a decision.

6. The Supreme Court uses constitu-tional law when deciding if laws or rulings are unconstitutional.

7. A defendant who receives a guilty verdict in a trial may be able to appeal the decision in a higher court.

8. The authority of a court to hear and decide a case properly brought before it is its jurisdiction.

9. District courts are the lowest level of federal courts in the United States.

10. A court can hear and decide a case for the fi rst time if it has original jurisdiction.

11. Courts of appeals are the next level of courts after district courts.

12. A court with appellate jurisdiction can review decisions made by a lower court.

13. Supreme Court judges are called justices.

14. The power of judicial review allows courts to decide whether laws or presidential actions are unconstitutional.

15. The Supreme Court may sometimes choose to remand a case it receives to a lower court for a new trial.

16. Justices write opinions to explain the reasoning behind the court’s decisions.

17. A justice gives a concurring opin-ion when he or she agrees with the majority of the opinions of the court, but for a different reason.

18. A dissenting opinion is given by a justice who disagrees with the majority opinion.

Comprehension and Critical Thinking19. a. criminal laws and civil laws

b. U.S. courts settle criminal and civil disputes.

20. a. criminal and civil casesb. district courts: lowest level, trial courts; courts of appeals: next level, review decisions made by district courts; U.S. Supreme Court: high-est court in the land, mainly reviews cases heard in lower courts

21. a. Justices are appointed by the president and approved by the Senate. They serve for life or until they choose to retire.b. He established the power of judi-cial review.c. The Supreme Court can rule that laws passed by Congress are unconstitutional.

Intervention Resources


Reading SkillsDistinguishing Between Fact and Opinion Use the Reading Skill taught in this chapter to answer the question about the selection below.

The team created a “Pedal to the Metal” proposal. They wanted to create bicycle lanes connecting two public parks. They also wanted to establish rules for cyclists, walkers, and people in wheel-chairs on trails. They began by interviewing city officials about a park bicycle trail that was already being considered, as well as their new proposal. With student support, the park trail was approved and the city council agreed to consider paint-ing bike lanes. But the team did not stop there. The students gathered information on statewide bicycle programs and then sent lists of rules and regulations to the city manager and the city parks director for final approval. The students look for-ward to seeing their rules posted at the entrance of the new Lakeview Park Trail! (p. 193)

24. Which of the following statements from the passage is an opinion?

a. With student support, the park trail was approved.

b. The students look forward to seeing their rules posted at the entrance of the new Lake-view Park Trail!

c. The students gathered information on state-wide bicycle programs.

d. The city council agreed to consider painting bike lanes.

25. Writing a Radio News Broadcast Reviewyour notes on the process a court case takes, from the original trial all the way to the Supreme Court. Then, pick one of the Supreme Court cas-es discussed in your textbook. Using the library or an online resource, research the history of the case. Now write a radio news broadcast where you follow the case through the judicial system.

Using the Internet KEYWORD: SZ7 CH7

22. Visualizing the Judiciary With so many special courts and levels of responsibility, understanding the judicial branch of the U.S. government can be challenging. Enter the activity keyword to research the structure of the federal court system. Then create a mobile that displays your information. Focus on the juris-dictions of various courts and the cases that each court handles.

Civics SkillsAnalyzing a News Article Use the Civics Skills taught in this chapter to answer the question about the selection below.

23. Does this article seem to favor one side of the issue over another? Explain your answer.

Active Citizenship video programReview the video to answer the closing question:Why do Supreme Court decisions affect different groups of people all over the country?

July 20, 2005BUSH NOMINATES ROBERTS TO SUPREME COURT

Republicans praise nominee as Dems vow thorough review

WASHINGTON (CNN) -- President Bush on Tuesday chose as his first Supreme Court nominee U.S. Circuit Judge John Roberts Jr., a conservative whose selection pleased Republicans and prompted Democrats to vow a thorough review in the Senate.

If confirmed by the Senate, Roberts would replace retiring Justice Sandra Day O’Connor, who gained a reputation as a moderate swing voter in her 24 terms on the nation’s highest court.

Bush called the selection of a nominee to the high court “one of the most consequential decisions a president makes.”

Bush’s announcement, televised nationally in prime time Tuesday from the White House, ended nearly three weeks of fervent specula-tion about who would take O’Connor’s pivotal place on the court.

A senior administration official told CNN that Bush interviewed Roberts Friday at the White House and made his final decision Tuesday morning. He called Roberts about 12:30 p.m. to offer him the appointment.

With Roberts standing at his side, Bush said the nominee “has devoted his entire professional life to the cause of justice and is widely admired for his intellect, his sound judgment and personal decency.”

In a brief statement, Roberts said, “It is both an honor and very hum-bling to be nominated to serve on the Supreme Court.”

Source: CNN.com

HOLT

Active Citizenship� Video Program

Use the video Trials Over Title IXto extend the Law 101 feature in this chapter.

Using the Internet22. Go to the HRW Web site and enter

the keyword shown to access a rubric for this activity.

KEYWORD: SZ7 TEACHER

Civics Skills23. Answers will vary, but students

should explain if they think the article favors one side of the issue over another and why.

Reading Skills24. b

Focus on Speaking25. Students’ radio news broadcasts

should be based on library or online research, and should follow the progress of the case they chose, from the original trial and through the Supreme Court.

Active Citizenship video program

The Supreme Court’s decisions supersede those of lower state courts and therefore impact all citi-zens’ lives. The Court’s rulings are based on how a law relates to the Constitution, which remains the supreme law of the land.

Reproducible Guided Reading Strategies

TechnologyStudent Edition on Audio CD Program


Interactive Skills Tutor

Quiz Game

Go With Your Instinct When taking tests, a person’s fi rst impulse about an answer is many times correct. Tell students to consider care-fully before changing their answers to multiple-choice or true-false questions. If students do decide to change an answer, they should do so because they are confi dent about the change.


Critical Thinking: Analyzing InformationResearch Required

196 CHAPTER 7

Did the Supreme Court pull the plug on your music? In June 2005 the Supreme Court ruled that makers of file-sharing systems for the Internet could face criminal charges if people used their technology to illegally download copyrighted music. The technology involved in this case about copyrighted work had only been around for a few years. Some of the Supreme Court justices who decided the case were over age 70. Do you think age influenced the Court’s decision?

Justices of the U.S. Supreme Court are appointed for life, as are all other

federal judges. These people play an important role in inter-preting the laws that govern our country and our lives. For instance, think about how the Court’s decision on file-sharing technology might affect you. Federal judges decide many other issues that affect our daily lives and our futures. The public often debates whether it is fair for these decisions to be made by people who may some-times be far removed from the younger genera-tions their decisions affect the most.

But Article 2, Section 1, of the U.S. Constitution states that Supreme Court justices should be appointed for life. The framers wanted justices to be able to make decisions freely, without political influence or concerns about how their decisions might affect their chances of re-election. The justices can serve until they die or they choose to retire. William O. Douglas, the longest-serving Supreme Court justice, held his position for 36 years before retiring. The oldest justice, Oliver Wendell Holmes, served until he was 90. Many justices have served into their 80s.

Some people believe that there should be a re-quired retirement age for Supreme Court justices. Others point out that Americans are now living longer, healthier lives. If older justices are able to do their jobs well, their age should not matter. And, they argue, the experience the justices gain with age will benefit the Court.

Judges for LifeJudges for Life

The nine justices of the U.S. Supreme Court in March 2006

1. Do you think the age of Supreme Court justices affects their views on issues? Explain.

2. How might the role of justices and their decisions change if they were elected for set periods of time?

EVALUATING THE LAWANALYSISSKILL

go.hrw.comKEYWORD: SZ7 CH7

Judges for LifeConsider Justices’ Age

Tell students to imagine that they are Supreme Court justices. Lead a class discussion in which students describe how they would they feel about being told they must retire by a certain age. What problems might they have with this idea? Would it have any benefi ts for them? If students need help, bring up considerations such as the in-depth process of making appointments to the Court and the controversy that frequent-ly surrounds Supreme Court vacancies and nominations.

Law 101: Chapter 7

Info to KnowCourt-packing In 1937, President Franklin Roosevelt proposed one of the most famous and controversial plans concerning the issue of aged justices. In his fi rst term as president, Roosevelt did not have the opportunity to appoint any Supreme Court justices. He also faced opposition from the Court, which declared several key parts of his New Deal unconstitutional. To solve these problems, Roosevelt suggested reorga-nizing the Court. His idea would have allowed him to appoint an extra justice for every justice over age 70. However, most Americans—and their representa-tives in Congress—disapproved of this “court-packing” plan, and it was not approved by Congress.

Answers Evaluating the Law 1. Possible answers: Yes, because people in different generations may be more or less familiar with different ideas, technology, and so on; No, age is not a factor in judges’ views on issues. 2. Students’ answers will vary. Possible answer: Justices might make decisions that appealed to certain groups to ensure that they would remain on the court.

196

Apply Research about a Supreme Court Justice to an Argument1. Have students research the career of a current

or former Supreme Court justice. They may choose one of the justices mentioned in the Law 101 feature, or another justice.

2. Based on what they learned about this justice, have students write a short report explaining how evidence from this justice’s career can either help support or help refute the argument that justices should be required

to retire. Encourage students to consider factors such as the justice’s length of service, mental and physical health, and changing or consistent views over the course of his or her service on the Court.

3. Ask students to summarize their fi ndings for the class. Use their contributions to make a class pro-and-con list about requiring justices to retire by a certain age. Verbal/Linguistic

Above Level


Documents

Chapter 7 Planning Guide - Millersburg Area School · PDF fileStandardized Test Practice Handbook: ... Matthew Fraser* ... CHAPTER 7 PLANNING GUIDE Chapter and Unit Tests for Differentiated