Miranda Warnings Judicial Branch Worksheet Review Matching 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. arraignment summons crosscross-examine complaint juvenile rehabilitate discovery crime juvenile delinquent hung jury Matching 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. plaintiff defendant civil case criminal case mandatory arraignment juvenile neglect delinquency diversion Matching 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. parole juvenile delinquent mandatory sentencing testimony settlement penal code prosecution summons rehabilitate acquittal The federal court system consists of a. federal district courts, federal appeals courts, and the U.S. Supreme Court. b. federal appeals courts, state appeals courts, and the U.S. Supreme Court. c. federal district courts, state supreme courts, and the U.S. Supreme Court. d. local courts, state courts, and federal district courts. 1 In which cases would federal courts have jurisdiction? a. disputes between two citizens of the same state b. violations of local ordinances c. disputes between two states d. violations of state laws The job of an appeals court is to a. review decisions made in lower courts. b. sentence people who are convicted in federal courts. c. decide the defendant’ defendant’s guilt or innocence. d. decide whether a law is allowed by the U.S. Constitution. What kinds of trials do district courts hold? a. They hold only criminal trials. b. They hold only civil trials. c. They do not hold trials. d. They hold both criminal and civil trials. In which type of court do federal trials and lawsuits usually begin? a. state supreme courts b. federal appeals courts c. federal district courts d. municipal courts What does it mean when a judge uses precedent to arrive at an opinion? a. The judge does not refer to the U.S. Constitution. b. The judge relies heavily on previous opinions in similar cases. c. The judge asks for the opinions of several other justices. d. The judge arrives at an opinion unlike any in the past. Which of the following established the principle of federal judicial review? a. U.S. Constitution b. Supreme Court decision in Brown v. Board of Education of Topeka, Kansas c. Judiciary Act of 1789 d. Supreme Court decision in Marbury v. Madison 2 Which of the following can limit the power of the Supreme Court? a. political elections b. special interest groups c. Congressional legislation d. lifetime appointments When can the Supreme Court rule on the constitutionality of a law? a. It can rule at any time. b. It can rule only during a case. c. It can rule within 30 days after the law is passed. d. The Supreme Court can never rule a law unconstitutional. Which of the following is an appeals court allowed to do? a. to retry a case b. to call a jury c. to reverse a lower court decision d. to advise the Supreme Court How does a case come before the Supreme Court? a. All federal cases automatically come before the Supreme Court. b. The Senate determines the cases that the Supreme Court will hear each year. c. The justices of the Supreme Court choose the cases they will hear. d. Any case in which a state government loses is appealed to the Supreme Court. The Supreme Court would have jurisdiction in a case involving a a. violation of freedom of speech. b. real estate dispute between two large companies in Texas. c. traffic violation in Washington, D.C. d. child custody dispute between divorced parents. All Supreme Court Justices have been a. representatives. b. lawyers. c. senators. d. political scientists. 3 Which group prosecutes people accused of breaking federal laws? a. U.S. attorneys b. U.S. marshals c. magistrate judges d. probation officers Which of the following correctly describes the composition of the U.S. Supreme Court? a. five associate justices b. nine associate justices and one chief justice c. five assistant justices, five associate justices, and one chief justice d. eight associate justices and one chief justice What is the significance of the Supreme Court decision in the case Marbury v. Madison? a. It was the first case decided by the U.S. Supreme Court. b. It established the U.S. Supreme Court’ Court’s right of judicial review in federal cases. c. It established the U.S. Supreme Court’ Court’s jurisdiction in cases between states. d. It overturned the practice of “separate but equal” equal” in schools. Be able to find the answers to the following questions: Which president appointed the most chief justices? Which states have had the highest number of chief justice appointments? The longest serving chief justice was “In the interest of finality, the majority effectively orders the disenfranchisement of an unknown number of voters whose ballots reveal their intent . . . but were for some reason rejected by ballot-counting machines.” “What must underlie petitioners’ entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed . . . . Although we may never know . . . the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.” —Justice John Paul Stevens, from his dissenting opinion in Bush v. Gore, 2000 4 Be able to find the answers to the following questions: In what way does Justice Stevens say the majority decision injures the voters? Who does Justice Stevens say that the loser of the election is? Why does Justice Stevens say that the majority of the justices decided to end the ballot counting in Florida? [I]t is apparent, that the framers of the constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature. Why otherwise does it direct the judges to take an oath to support it? This oath certainly applies, in an especial manner, to their conduct in their official character. How immoral to impose it on them, if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support! —Chief Justice John Marshall p://usinfo.state.gov/usa/infousa/facts/democrac/9.htm Be able to find the answers to the following questions: Which of the following statements BEST explains the point John Marshall is making in the above excerpt from Marbury v. Madison? Madison? Be able to find the answers to the following questions: The blindfolded Justice figure is used to represent the Supreme Court because justice is supposed to be The artist uses the man in the cartoon to suggest that affirmative action goals will be Which of the following would make the best title for this cartoon? “. . . [In recent years,] the Court has more and more often and more and more boldly asserted a power to veto laws passed by the Congress and by state legislatures in complete disregard of . . . [the] original limitation [of the Constitution] . . . “In the last four years the sound rule of giving statutes the benefit of all reasonable doubt has been cast aside. The Court has been acting not as a judicial body, but as a policymaking body.” body.” —President Franklin D. Roosevelt, discussing his plan to reorganize the federal judiciary in the face of Supreme Court opposition to New Deal legislation 5 Be able to find the answers to the following questions: Roosevelt objects to the Supreme Court’ Court’s tendency to What power of the Court has Roosevelt questioned? What problem does Roosevelt believe the Court’ Court’s actions will cause? A citizen who is concededly loyal presents no problem of espionage or sabotage. Loyalty is a matter of the heart and mind not of race, creed, or color. —Ex parte Endo, Endo, 1944 ttp:// caselaw.lp.findlaw.com// ttp://caselaw.lp.findlaw.com Be able to find the answers to the following questions: In the Ex parte Endo case, Endo was a What practice did the Ex parte Endo case question? What was the outcome of the Ex parte Endo case? United States Court System 1. 1. 2. U.S. Courts of Appeals 1. 3. Appellate jurisdiction U.S. District Courts 1. According to the graphic above, U.S. district courts are the only federal courts in which The appellate jurisdiction of U.S. courts of appeals, as shown above, means that appeals courts have the authority to Which court belongs in the box labeled 1 in the graphic above? Limited original jurisdiction and appellate jurisdiction Original jurisdiction Steps in Supreme Court Decision Making 1. Written Arguments 2. Oral Arguments 3. Conference 4. Opinion Writing 5. ? 6 Be able to find the answers to the following questions: At which step pictured in the graphic above are briefs presented? How many justices must be present for a decision during the conference step listed in the graphic above? What is the last step that the Supreme Court takes on a decision? Local and State Government Federalism Ratification of the U.S. Constitution The federal system Our nations government consists of two parts The power is divided between these two parts National government (federal / central) State government (North Carolina) National government is superior (supremacy clause) States have reserved powers (Amend. 10) Basic Structure of N.C. State Government Has remained basically the same since the first NC Constitution. Separation of Powers • Legislative, Executive, Judicial Checks and Balances • Governor’ Governor’s veto power (1996) • General assembly can override the veto with 3/5 vote in both houses N.C.’ N.C.’s major complaint was the lack of a bill of rights N.C. was the only state to vote against the ratification of the U.S. Constitution. In 1788 they voted not to ratify the U.S. constitution and called on the U.S. Congress to amend it to include a bill of rights. In 1789 when the U.S. Congress approved a set of bills that would eventually make up the “Bill of Rights” Rights” (amendments 11-10), N.C. delegates ratified the U.S. Constitution. Changes in the N.C. Constitution First constitution was in 1776 18351835- Took away the right to vote from African Americans and Native Americans 18681868- As a result of the Civil War, mandated by the U.S. Congress (Legislative Branch) 18751875- Promoted segregation by banning white and African American children from going to the same school. 19711971- As a result of the Civil Rights Movement 7 Similarities and Differences in the N.C. Constitution and the U.S. Constitution The U.S. Constitution outlines the national or federal government. The N.C. constitution outlines the state and local government in North Carolina ONLY! The U.S. Constitution has a “Bill of Rights” Rights” that were added as amendments. The N.C. constitution has a declaration of rights in article 1. (not as amendments) Both include the ideas of a separation of powers (three branches), checks and balances, and the ability to make changes. (amend) N.C. Constitution’ Constitution’s preamble focuses on God Sit in Movement Greensboro 4 freshman from N.C. A&T Joseph McNeil, Franklin McCain, Ezell Blair, Jr. (later known as Jibreel Khazan), Khazan), and David Richmond Sat down at the Woolworth’ Woolworth’s lunch counter 1960. never got waited on, stayed until closing. Similar demonstrations sprang up throughout the nation Franklin McCain died January 9, 2014. He was 71 years old. U.S. Constitution has no mention of God North Carolina Government Legislative Branch (Legislature) General Assembly Senate and House of Representatives http://www.ncga.state.nc.us/ Legislative Two types of laws: Statutes: state laws Local specific laws Non Legislative Powers Redistricting Qualifications for House (120 members) How old must you be to run for Senator and how old to run for Representative? What is the length of term for Senators and Representatives? Speaker of the House (chosen by members) Citizen, 21 years old, lived in district for 1 year Qualification for Senate (50 members) President of Senate (Lt. Governor) Citizen, 25 years old, lived in district for 1 year North Carolina Government Executive Leader (Chief Executive) Governor Pat McCrory http://www.governor.state.nc.us/ Executive Governor 4 year terms, 2 CONSECTIVE terms limit • 30 years old, U.S. Citizen for 5 years, lived in state 2 years Lt. Governor Elected separately from Governor Criminals Commute, Reprieve, Pardon, Parole Powers and duties (chart on 385) Council of State 4 year term, no term limits Governors Cabinet 8 North Carolina Government Judicial Branch Supreme http://www.nccourts.org http://www.nccourts.org// Court of Appeals e gre th t de a Firs der/de es s r u c m alty a n pe Superior Court District Court Magistrates Judges are ELECTED in North Carolina How is this different from the way it’ it’s done at the Federal Level? Three Purposes of Local Government Provide Services Water Fire Department Schools Parks Libraries Garbage Pickup Three Purposes of Local Government Three Purposes of Local Government Encourage Community improvement Encourage new Businesses Sponsoring festivals Sponsoring cleanup days Organizing human relations commissions Extra Credit: • How many persons are employed at Dell Computers in WinstonWinston-Salem? North Western Counties Protect people against harmful behavior Laws and Law Enforcement Zoning Planning for the worst Extra Credit: How are government agencies in Lansing Michigan planning to protect their town from a zombie attack? Surry Wilkes Yadkin Stokes Forsyth Rockingham Guilford Davie Iredell Davidson Randolph 9 Terms Legal Document that gives a town legal authority to act as a local government. Town Charter A town that has the authority to organize its own government and make laws. Terms A “town” town” or area that has not received a town charter from the state. It cannot be sued, make laws, or collect taxes. Unincorporated Municipality Term used to refer to a town that has received a charter from the state. Incorporated Term used to refer to any law that has been created by a city/county. Ordinance Terms Process of a town extending its borders (boundaries), in order to bring more land under its jurisdiction (control). Annexation Local Government What types of governing bodies can local government have? Mayor City/Town Council Board of Directors In North Carolina Process of determining what can be built in an area. Zoning Incorporation What are the steps that a town must take in order to become incorporated? What do they need from the state? Towns are usually incorporated after a settlement has developed in the area. The residents begin to want public services that can only be provided by a municipality. Incorporation also gives them the right to vote or attend town meetings, allowing them to participate in local decision making. Town Charter (approved by the General Assembly) May require approval of voters. Defining the geographic boundaries of the municipality. Each county elects a board of County Commissioners, Sheriff, Register of Deeds, and Clerk of Court The board of County Commissioners in most counties elects a County Manager. Incorporated vs. Unincorporated Can Make Laws Collect Taxes Annex Land Provide Services Enter into Contracts Be Sued Can NOT Make Laws Collect Taxes Annex Land Provide Services Enter into Contracts Be Sued 10 Zoning Three major types of zoning. Residential Commercial Industrial Zoning -Housing, Apartments -Stores, Offices -Factories, Warehouses “R-1 residential zone might allow only singlesingle-family detached homes as opposed to duplexes or apartment complexes.” complexes.” “C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction.” jurisdiction.” http://realhttp://real-estateestate-law.freeadvice.com/zoning/zoning_legalese.htm ReRe-Apportionment / ReRe-Districting Fill in the Blanks When a community wishes to become Incorporated , they will write and submit ____________ Town ________ Charter a ______ to the General Assembly. The General Assembly will review the request and if they approve, they will pass an act that turns the municipality community into a _______________ . They will then have the power to make laws , collect ______ taxes and provide _____ services ___________ . Apportionment 2010 When? Every ten years Why? That’ That’s when we have a census What? Divide up the 435 members of the House of Representatives among the 50 states based on their relative populations. North Carolina Congressional Districts The 12th District 19901990-2010 11 The 12th District 19901990-2010 The 12th District 19901990-2010 Today Politics, Citizenship and Voting Frequent and Free elections in a Representative Democracy! Key Questions What are the characteristics of an active citizen? How does the voting process work? What functions do political parties perform? What key issues do we face, how does that influence our voting, and how can we influence change? What duties and responsibilities do we have as good citizens? Front Side 1. 2. 3. 4. 5. 6. 7. 8. Canvassing Interest Groups Political Party Political Action Committee Propaganda Lobbying Caucus Electoral Votes 12 Front Side Front Side 9. The process of naming persons who are possible candidates to run for a particular office. 10. An election held only among members of a particular political party in order to choose one candidate from the ones nominated to run for a specific office. Nomination Primary Election Back Side 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Poll Tax Polling Site (Place) Redistricting Apathy Electorate Straight Party Ticket Literacy Test Gerrymandering Grandfather Clause Candidate Party Platform and Planks Platform: The parties basic principles, beliefs, and positions on certain issues. Planks: The individual parts of the party platform. Each viewpoint or belief on a specific issue. Front Side Short Answer 1. • • • Public Opinion Polls and Random Samples. A way to determine or measure public opinion. Asking individuals survey questions Random samples are public opinion polls that survey a random group of people from all ages, incomes, races, etc. MultiMulti-Party v. Two Party Multi= when there are many political parties but none of them seem to dominate the elections. IE: congress would be made up of individuals from dozens of political parties. Two= When there are two main political parties that dominate almost every election. IE: US Senate March of 2014: 53 Democrats, 45 Republicans, and 2 independent. 13 Conservative or Liberal? Conservative: Political Machine lib· lib·er· er·al· al·ism A political philosophy based on belief in progress, the essential goodness of the human race, and the autonomy of the individual and standing for the protection of political and civil liberties. A powerful political organization whose party members win almost all elections year after year. Often times use bribes, kickbacks, or other illegal activities to maintain control. Often times provided food, jobs, medical care to the needy in return for votes. After they are in control for a period they begin to do what ever they like with no regard to anyone but themselves. Duties vs. Responsibilities Campaigns con· con·ser· ser·va· va·tism A political philosophy based on tradition and social stability, stressing established institutions, and preferring gradual development to abrupt change. Liberal: Duties: Failure to complete or comply with a duty could result in criminal charges. Following the law Jury DUTY Responsibilities: You might be “frowned upon” upon” for not performing a responsibility, but it usually will not result in criminal charges. Voting Community Involvement – (Clemmons Cleanup) Voting Requirements 18 years old A resident of the state for a specific amount of time A citizen of the US Registered to vote Private funding Contributions from businesses, political parties, interest groups, and individuals Public funding (Federal government) Congressional Campaigns 19971997-2000 Individuals 57% PAC 28% Candidates 15% Roles of Political Parties Nominate Candidates and conduct a Primary Election to choose a single candidate to represent their party in the “General Election.” Election.” Campaign for Candidates Inform Citizens (Watchdog=party not in power) Helping Manage Government Linking the different levels of government Acting as a watchdog 14 Republicans v. Democrats Republicans: Generally conservative party that originally began out of the federalist party. Democrats: Generally liberal party that originally began out of the antianti-federalist party. Who were these original two groups? Recall Vote Some places (not North Carolina) allow voters to petition the government to have an election to remove a person from office. This type of election is called a recall vote Electoral College State electoral votes Winner take all North Carolina has 15 electoral votes In 2004 George Bush won the popular vote in NC and therefore got ALL 15 of the electoral votes. Electoral College 538 electoral votes 100 = Senators 435 = Representatives 3 = Washington DC Which amendment gave three electoral votes to Washington D.C.? Frequent and Free elections in a Representative Democracy! 15