MultiplePathwaystoSuccess

Quarter3LearningModule

AlignedwithMarylandStateStandards

SocialStudies

LSNGOVERNMENT

PrinceGeorge’sCountyPublicSchools

BoardofEducationofPrinceGeorge’sCounty,Maryland

LSNGovernment3rdQuarterLearningModule

Maryland State Standards Covered in 3rd QuarterGoal 1: Political SystemsThe student will demonstrate an understanding of the historical development and current status of principles, institutions, and processes of political systems.1.1.2 The student will evaluate how the principles of government assist or impede the functioning of government.Assessment limits:

● Concepts: federalism, separation of powers, checks and balances, judicial review, representative democracy, limited government, rule of law, individual rights and responsibilities, consent of the governed, majority rule, popular sovereignty, equal protection, and eminent domain.

● Federal and Maryland state government: Legislative, Executive and Judicial – powers, structure and organization.

● Local government will be assessed in terms of powers and responsibilities.● Selection of National and Maryland state leaders: Electoral College and election/appointment processes.

INDICATOR1.1.3 The student will evaluate roles and policies the government has assumed regarding public issues.Assessment limit:

Public issues:Environment (pollution, land use)Entitlements (Social Security, welfare)Health care and public health (costs, substance abuse, diseases)Censorship (media, technology)Crime (prevention, punishments)Equity (race, ethnicity, region, religion, gender, language, Socioeconomic status, age, and individuals with disabilities)

EXPECTATION 1.21.2 The student will evaluate how the United States government has maintained a balance between protecting rights and maintaining order.1.2.1 The student will analyze the impact of landmark Supreme Court decisions on governmental powers, rights, and responsibilities of citizens in our changing society.Assessment limits:

● Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda v. Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and New Jersey v. T.L.O.

● Other cases that address the same issues could be used, but information about these cases will be provided in the item.

INDICATOR1.2.3 The student will evaluate the impact of governmental decisions and actions that have affected the rights of individuals and groups in American society and/or have affected maintaining order and/or safety.Assessment limits:

● Presidential use of power and executive orders affecting rights, order, and/or safety. ● National government agencies’ actions affecting rights, order, and/or safety. ● State actions affecting rights, order, and/or safety.

INDICATOR

1.2.4 The student will evaluate the principle of due process.Assessment limits:

● Fifth Amendment due process clause. ● Fourteenth Amendment due process clause. ● Procedural due process and the incorporation doctrine under the Fourteenth Amendment. ● Information about due process cases will be provided in the item.

INDICATOR1.2.5 The student will analyze elements, proceedings, and decisions related to criminal and civil law.Assessment limits:

● Compare and contrast the elements, proceedings and decisions of civil and criminal law. ● Civil law: plaintiff, defendant, contract, breach of contract, torts (lawsuits involving

negligence), damages, preponderance of evidence, petit jury, and out-of-court settlements. ● Criminal law: defendant, prosecutor, reasonable doubt, felony, misdemeanor, grand jury,

indictment, probable cause, presumption of innocence, plea bargaining, writ of habeas corpus, and subpoena.

2.1.1, 2.2.1, 4.1.2, 4.1.3, EXPECTATION4.1 The student will demonstrate an understanding of economic principles, institutions, and processes required to formulate government policy.INDICATOR4.1.4 The student will evaluate the effectiveness of current monetary and fiscal policy on promoting full employment, price stability, and economic performance.Assessment limits:

● Business cycle, monetary policy (Federal Reserve actions) and fiscal policy (Legislative and Executive actions) and their effect on economic performance, full employment, and price stability.

● Tools of monetary policy (Federal Reserve System – FED) include the reserve requirement, interest rates, and open-market operations (buying and selling of government securities).

● Tools of fiscal policy include increasing/decreasing taxes and tariffs and/or spending. ● Measures of economic performance include Gross Domestic Product (GDP), Consumer Price Index (CPI), and

unemployment rate.

Activities for Unit 5:Part 1: All in a Day’s WorkProcedures:

1. Anticipation Set: What does the President do? Which of his jobs are easiest? Which are hardest? Think about everything the President does in a day and rank each set of tasks from hardest to easiest.

2. Complete the Background Reading: All in a Day’s Work to gather information about different types of governments. Be sure to Mark the Text as you read!

3. Next, practice what you learned by completing the All in a Day’s Work Worksheet Parts A-C. Part 2: A Very Big BranchProcedures:

1. Begin with the Background Reading: A Very Big Branch to learn a bit about structure and functions of the various departments and agencies that comprise the Executive Branch.

2. Be sure to Mark the Text as you read! 3. Practice applying the concepts covered in the reading by completing the A Very Big Branch Worksheet

Parts A-D.

Part 3: Foreign Policy

1. Begin by exploring the description of what Foreign Policy is as well as the tools used by the government to accomplish the goals of United States Foreign Policy.

2. Be sure to Mark the Text as you read! 3. Finally, practice what you learned about the given concepts by completing the Foreign Policy Worksheet

Activities A-D. Part 4: Apply What you LearnedRead the information below and respond to the Constructed Response Item that below on a separate sheet of paper.A major goal of United States foreign policy is to have free and open trade with other countries. However, some of these other countries do not have democratic governments. ● Explain why the United States would maintain trade with these countries. ● Do you believe the United States should continue to trade with countries that do not have democratic

governments? Explain why or why not. ● Use details and examples to support your answer.

Activities for Unit 6:

Part 1: The Judicial Branch in a NutshellProcedures:

1. First, read the Judicial Branch in a Flash in order to differentiate between different types of courts and familiarize yourself with the responsibilities and jurisdiction of each type of court. Be sure the Mark Up the Text as you read!

2. Then, complete the Worksheet Practice Activity, parts A-C. Part 2: Criminal vs. Civil LawProcedures:

1. Begin by reading and comparing various aspects of Criminal and Civil Law. Be sure the Mark Up the Text as you read!

2. Go on to complete the Compare & Contrast Activity A on Worksheet 1. Part 3: Marbury vs. Madison

1. Read about the case of Marbury vs. Madison. Identify the Case Background, COnstitutional Issue questioned, and the decision of the Supreme Court in this landmark case.

2. Complete the Practice Activity titled Supreme Court Strikedown: End of the Line for a Law to guess the outcome of each law presented based on what you learned about the power of the court.

Part 4: Apply What you LearnedRespond to the Constructed Response Item that below on a separate sheet of paper. *Note: This CR incorporates what you learned throughout Units 4, 5, and 6. Look at the chart below:

● Use the flow chart above to identify an example of the principle of checks and balances. ● Describe advantages and disadvantages of checks and balances in the United States government. ● Do the advantages of the use of checks and balances outweigh the disadvantages? Explain your answer. ● Include details and examples to support your answer.

All In a Day’s Work Name:

The Coolest Job in the Country!

Imagine you have been elected President of the United States. What do you

think would be the best part of the job? Having your own personal jet?

Living in the White House? Having a bowling alley in your house? (Yes,

there’s a one lane bowling alley in the basement of the White House!)

Being president is not just fun and games. You have real responsibilities.

Below is a list of things you would do as president of the United States. Which do you think would be the hardest to do? Which do you think would be the easiest?

____

____

____

____

____

____

____

____

____

Rank the tasks in each list from 1 (hardest) to 3 (easiest).

There is no correct answer! Use your own judgment.

Anticipation Activity

The President’s Rule Book

The President of the United States is the leader of our

nation and the leader of the executive branch of

government. The Constitution of the United States gives all

the rules for being president. It tells who can become

president, what powers the president has, and some of the

roles and duties the president takes on.

Read it for yourself:

All In a Day’s Work

Reading p.1

Name:

Lawmaking and the Prez

One of the President’s most important functions is not

in Article II—it’s in Article I, which talks about

Congress! (The Constitution can be sneaky that way.)

Congress is the lawmaking branch of government,

but the Constitution requires the president’s approval

before a bill can actually become a law. The president

either signs the bill to approve it or rejects the bill

with a veto and sends it back to Congress.

Barack Obama is the current president of the United States. He was elected in

November 2008 and took office on January 20, 2009.

He was re-elected in 2012.

All In a Day’s Work

Reading p.2

Name:

Second In Command

The Constitution of the United States gives the president a helper: the

vice president. However, the Constitution doesn’t say much about

what the vice president does, except that the VP is also the president

of the Senate (one of the two lawmaking chambers in Congress). But

the VP only presides over the Senate to cast a tiebreaking vote or

when there is a ceremony. The rest of the time, the vice president

advises the president, travels the world negotiating with other

countries, helps carry out laws here at home, and is important to

many functions in the executive branch of government.

What If the President Dies?

There have been several times in the history of the United States

where a president has died. When that happens, the Constitution

provides that the vice president becomes president. It also gives

Congress the power to make a law saying who becomes

president if something happened to both the president and the

vice president. Congress did this in the Presidential Succession

Act, which puts the speaker of the House (the leader of the

House of Representatives) next in line after the vice president

and lists everyone who is in line after that.

Political Party Leaders

The president and vice president act as the leaders of their political

party. This role is not part of the Constitution, but has evolved over

time as part of the political process. A political party is an organized

group of people who share similar views and work to influence the

government in support of those views. As party leaders, the

president and vice president work to accomplish the party’s goals for

how the government should address the issues facing our nation.

The Republican and Democratic parties are the two major political

parties in the U.S.

Becoming President

In the United States, presidential elections happen every four years.

A president cannot serve more than two 4-year terms—a total of

eight years. This rule is found in the 22nd Amendment to the

Constitution, which was added in 1951. If a president has only

served one term and wants to be re-elected, that president ends up

spending a lot of time campaigning during the last year of the term.

If the president has already served a second term, often the vice

president will decide to become a presidential candidate. Many

presidents started out as the vice president.

Joseph Biden is the current vice president of the United States.

Obama and Biden belong to the Democratic Party.

Before the 2-term limit, President Franklin D. Roosevelt was elected to four terms in a row! He took office in 1933 and died in 1945, a few months into his fourth term.

Powers & Duties Listed

in the Constitution: A. Power to carry out the laws

B. Must protect and defend the Constitution

C. Commander in Chief of the military

D. Elected with the president to hold office in the executive branch

E. May ask advisors, who lead parts of the government, for their opinion on

different issues

F. Is the president of the Senate

G. Pardon someone for a crime,

canceling their punishment

H. Make treaties with other countries (with Senate approval)

I. Take office as president if the current president dies, resigns, or is

unable to do the job

J. Choose new Supreme Court justices (with Senate approval)

K. Make recommendations to Congress about what laws are needed

L. Update Congress on how things are going in the country

M. Sign (approve) or veto (reject) bills

from Congress

N. Can vote in the Senate if the senators are equally divided on a

vote

A. I’ve Got the Power! Match each responsibility of the

president and vice president with the correct power or duty

found in the Constitution.

All In a Day’s Work

President’s Responsibilities

1) ____ Lead weekly meetings where I ask the leaders of executive branch departments for advice on how to handle the country’s most difficult

problems.

2) ____ Go to Congress and give my yearly “State of

the Union” speech on what’s happening in America.

3) ____ Decide whether to approve or reject a bill that

Congress has sent me.

4) ____ Follow the Constitution and the law even if I

disagree with it.

5) ____ Decide whether to send more troops into war knowing that some will die, but it will keep the

country safe.

6) ____ Make sure the Department of Homeland Security properly carries out new airport

safety laws that will anger some travelers.

7) ____ Hold a press conference where I ask Congress

to spend more money on space exploration.

8) ____ Decide whether to let someone out of prison based on the prisoner’s good conduct and

particular circumstances

9) ____ Negotiate an agreement with another country

that would lower the taxes each one adds to the sale of items from the other country.

10) ____ Choose a new Supreme Court justice

to replace one who is retiring.

Vice President’s Responsibilities

11) ____ Take over as president if I’m needed.

12) ____ Act as leader of the Senate.

13) ____ Cast a tiebreaking vote in the Senate.

14) ____ Work with the president to run the executive branch.

Name:

Review Worksheet p. 1

1 2

3

4 5

6

B. So Many Laws, So Little Time! The executive branch is in charge of carrying out thousands of

laws, but the President doesn’t do this alone. Departments inside the executive branch are

responsible for carrying out certain kinds of laws. Complete the table by matching each executive

department to its function. Use the word/picture bank for help.

Review Worksheet p.2

EXECUTIVE DEPARTMENT FUNCTION

Works to protect the country against terrorism and make

sure the borders are safe. 1

Makes coins and paper money, tries to help the economy,

and collects taxes. 2

Keeps the United States safe using the Army, Navy, Marines,

Air Force, Coast Guard, and other military resources. 3

Enforces federal laws, prevents crime, and punishes those

convicted of federal crimes. 4

Supports farmers, makes sure our food is safe, and gives

recommendations about good nutrition. 5

Works to protect the health of all Americans and offers

medical and other basic services to people in need. 6

Builds and maintains federal highways and railroads, makes

rules for air travel, and promotes transportation safety. 7

Provides funding to public schools and helps students pay

for college. 8

C. Crossword! Complete the puzzle using information from

the lesson.

Down

2. Political party of the current president and vice president

3. Length of a presidential term, in years

5. Name of the current president

Across

1. Name of the current vice president

4. Word that refers to the sequence of who will become

president if something happens

6. Number of times a president can be elected

All In a Day’s Work Name:

A Very Big Branch Name:

Reading p.1

We’ve Got a Job to Do

The job of the executive branch is to carry out the laws that the

legislative branch passes. When you think of the executive branch,

you probably think of the president. But the president is only the

head of the executive branch. He is like the tip of the iceberg:

underneath, there is a giant organization with lots of people doing

many different jobs. In fact, the executive branch is the largest

branch of our government!

Help From Many

Most of the executive branch is made up of departments and independent

agencies. Departments are the main organizations in the executive branch.

There are 15 departments. Each one focuses on a specific type of activity such

as education, transportation, defense, or energy. Each department has smaller

agencies that do specific jobs. For example, the Department of Justice (DOJ)

operates our justice system and works to prevent crime. Two agencies inside

the DOJ are the Federal Bureau of Investigation (FBI) and the Drug

Enforcement Administration (DEA). The FBI investigates certain kinds of crimes,

while the DEA deals with crime related to drugs and controlled substances.

Carrying Out Laws: Enforcement

What does it mean to “carry out” a law? That depends on the kind of law that

needs to be carried out. Some laws make things illegal and describe

consequences for those who do those things. Executive agencies enforce the

law when someone isn’t following it. There are several things an agency can

do to enforce a law:

Educate the public about new laws

Monitor the public to make sure laws are being followed

Catch individuals or organizations not following the law

Take the offenders to court

Follow any other enforcement procedures the agency may have

Th

e E

xe

cu

tive B

ran

ch

President

Executive

Departments

& Agencies

The U.S. Marshals Service is the oldest federal law enforcement agency. Marshals provide court security, hunt fugitives, and offer witness protection.

Independent agencies are government organizations that also focus on specific issues, but they are different from departments because they are independent of the president’s control. Instead, these agencies are controlled by a board or commission. The president can appoint someone to the board or commission but cannot remove them.

There are 52 agencies and offices within the DOJ.

President Obama and his cabinet.

The president appoints a secretary to lead each department. (But the

head of the Department of Justice is called the Attorney General). These

secretaries do more than just lead a department. They are the president’s

cabinet—a group of people that give advice to help the president make

important decisions. Officials who hold these cabinet-level positions such

as the Secretary of Defense, the Secretary of Education, or the Secretary

of Homeland Security, are very important players in the executive branch.

Carrying Out Laws: Regulations

Other laws are just instructions about something that must be done, such as

installing new security procedures at the nation’s airports. A law like this will

not include every last detail about how it should be carried out. Instead, the

law will authorize the executive branch to decide these details. The rules the

executive branch makes about how the law will be carried out are called

regulations. Regulations have power similar to laws. Some regulations make

activity illegal, and others give instructions for how something must be done.

A Very Big Branch Name:

Reading p.2

Maintaining Order and Safety

We depend on many parts of the executive branch to keep us safe and to

keep order. For example, the Department of Homeland Security (DHS) is

responsible for protecting the United States against all kinds of threats. It

includes agencies that deal with terrorism, natural disasters, and border

protection. It even includes the Secret Service, whose agents protect the

president! Inside the DHS, the Federal Emergency Management Agency

(FEMA) responds to natural disasters to help people get the help they

need in an orderly way. The Coast Guard, also part of DHS, patrols our

nation’s coastlines to watch for threats and help boats in distress.

Busy, Busy

Remember that most of the day-to-day activity in the executive branch

involves ordinary people doing the work that needs to be done: an FBI

agent conducts an investigation, a soldier participates in training exercises,

or a worker monitors a nuclear reactor at an energy plant. The executive

branch needs people to answer phones, program computers, file papers,

do scientific research, process mail, fly airplanes, and clean bathrooms. In

fact, the federal government is the nation’s largest employer, and most of

those jobs are in the executive branch.

Agencies Enforce and Regulate

Most departments and agencies both enforce laws and make

regulations. For example, the Environmental Protection Agency

(EPA) is an independent agency whose goal is to protect the

environment and human health. It carries out laws passed by

Congress, such as the Clean Air Act that is designed to limit air

pollution. The Clean Air Act authorizes the EPA to set limits on

how much pollution can be put into the air. To do this, the EPA

issues regulations that say exactly how much pollution vehicles,

factories, and other sources can put into the air. The EPA then

works to enforce these regulations. Violating them can result in

penalties.

A U.S. Postal Service employee works hard to deliver your mail.

The headquarters of the DoD is located at the Pentagon.

The ever-present Secret Service has the president’s back.

The Department of Agriculture inspects more than eight million birds every year.

The Department of Defense (DoD) is the biggest department. It includes all the military departments such as the Army, Navy, and Air Force, as well as many other agencies. Together, all the parts of the Department of Defense work together to make sure our armed forces are prepared to protect our nation’s security.

A Very Big Branch

Worksheet p. 1

A. Cabinet Departments. Use the word bank to fill in the missing words from the graphic organizer:

Attorney armed basic needs college highway countries farmers

military homes money fuel public lands wages terrorists trade court

Name:

_______________________

B. Who Said That? Identify which secretary might give the following advice or information:

1) “Mr. President, we need to invest in more solar electricity.”

2) “Mr. President, we saw a decrease in highway deaths this year.”

3) “Mr. President, agents intercepted a terrorist threat this morning.”

4) “Mr. President, it’s time to take the penny out of circulation.”

5) “Mr. President, we need to combat bark beetles in the national forest.”

Sec. of ___________________

Sec. of ___________________

Sec. of ___________________

Sec. of ___________________

Sec. of ___________________

___________

___________

__________________

_______________________

_______________

__________________

__________________

__________

__________________

___________

________________ ________________

_______________________

______________

__________________

A Very Big Branch Name:

Worksheet p.2

C. Whose Job Is It, Anyway? Identify the executive agency that would most likely execute each act:

No Child

Left Behind

Act (2001)

Ensures that students in every public

school achieve important learning

goals by well-prepared teachers.

Violent Crime

Control and Law

Enforcement Act

(1994)

Increased the number of police

officers, funding for prisons, and crime

prevention programs.

The Patient

Protection and

Affordable Care

Act (2010) Makes it easier for Americans to be

covered by health insurance and get

medical attention.

D. Enforce and Regulate. The Centers for Disease Control and Prevention (CDC) works to protect public

health and safety. Decide if each item on the list is a CDC regulation or enforcement activity.

The Veterans

Educational

Assistance

Act (2008)

Increases educational benefits for

military veterans who have served

since September 11, 2001.

Protect

America

Act (2007)

Provides the intelligence community

tools to gather important

information about terrorists.

Helping

Families Save

Their Homes

Act (2009)

Prevents families from losing their

homes to foreclosure.

American

Recovery and

Reinvestment

Act (2009) Gives funds to projects like ones that

support improving roads, bridges, and

other public structures.

Farm Security

and Rural

Investment

Act (2002)

Provides support to American farmers.

The Clean Air

Act (1963)

Controls air pollution on a national level.

Projection Master p.1

U.S. Foreign Policy...

… is this country’s actions, words, and beliefs

towards other countries.

The main goals of our foreign policy are to:

protect America and Americans

support economic growth and human rights around the world

increase support for American values like democracy and

freedom

Most often, the President and executive branch initiate our

foreign policy responses to world events and work with the

legislative branch to carry out those responses.

Foreign Aid...

… is the help or assistance that we give to other

countries, usually through our Department of State.

The main goal of our foreign aid is to create friendships abroad

and foster future trading partners.

Foreign aid comes in many forms. The most common are

economic, like money

military, like soldiers helping after a disaster

advice, like how to create a democracy

Projection Master p.2

Military...

… is this country’s troops, led by our President who

is called the Commander-in-Chief.

The main goal of our military is to prevent war and protect the

United States.

The Department of Defense is made up of the following

branches:

Army

Navy

Air Force

Marines

Treaties...

… are a formal agreement between countries that,

like laws, must be followed.

The President is responsible for negotiating and signing treaties.

All treaties must be approved by 2/3rds of the Senate.

An example:

Countries form an alliance through signing a treaty. This treaty

says that if one of the countries is attacked, the others will step

in to protect each other.

Foreign Policy Name:

Notes

U.S. Foreign Policy

Definition:

Main Goals 1) Key Players:

2)

3)

Foreign Aid

Definition:

Main Goals Forms

1)

2)

3)

Treaties

Definition:

Who is involved? Example:

Military

Definition:

Main Goals Active Groups

1)

2)

3)

4)

Foreign Policy Name:

Activity p.1

1. Americans often refer to a country that is not

the United States as a __________ country

domestic

foreign

2. A language that is not English and comes from

a country outside the United States is called a

___________ language.

domestic

foreign

3. Someone who is really good at

chores and maintaining a home might

be described as a __________ person.

domestic

foreign

4. If you get on an airplane and take a flight that

doesn’t leave the country it is called a ________

flight.

domestic

foreign

A. Foreign vs. Domestic. Read each example and select the correct word to fill in the blank.

Looking at the examples you answered above, complete the following definitions and draw a symbol that

represents the term to you in each box.

“Foreign” refers to things that

happen ____________________ of

the United States.

“Domestic” refers to things that

happen ____________________ of

the United States.

B. Which is which? Read each example below and decide if it is a domestic policy—addresses issues at

home—or a foreign policy—addresses issues around the world. Label each with a “D” or and “F.”

_____ 1. The government wants to make sure

students are learning what they should

be, so it requires standardized testing in

certain grades.

_____ 2. The government operates national parks

in different parts of the country.

_____ 3. The United States is allied with countries

around the world, which means they are

partners and look out for each other’s

interests.

_____ 4. The United States provides help to other

countries when natural disasters, like

earthquakes, occur.

_____ 5. The countries of the world meet to

decide how to handle climate change,

and the United States plays

a role in the talks.

_____ 6. The United States is attacked, and the

President, in his role as Commander-in-

Chief, calls on the U.S. military to

defend the U.S. by attacking the other

country.

_____ 7. The government decides how much

money Americans must pay in federal

taxes.

_____ 8. The government makes an agreement

with specific countries that none of them

will attack each other.

_____ 9. The government cleans up land and

water areas that are severely polluted.

_____ 10. The government enforces federal laws

and sends convicted criminals to jail.

Foreign Policy Name:

Activity p.2

C. Who does what? The Constitution, the rulebook for the government, says who has which foreign

policy powers. Using your notes, see if you can figure out who is responsible for which power and write

them in the correct places in the chart bellows.

Foreign Aid Military Treaties

President

Congress

Negotiates and signs 2/3’s of the Senate must approve Makes recommendations on and

signs or vetoes bills into law.

As Commander-in-Chief, can send

troops around the world Writes and passes bills Declares war

D. What do you think? Read the questions below carefully and check the answer that best reflects your

opinion.

1. Who do you think has the most difficult job

when it comes to foreign policy?

President

Congress

2. Why do you think the writers of the

Constitution gave Congress a voice in most

foreign policy decisions?

so the President can make decisions on

his own and not listen to Congress

to make it really difficult for our country

to respond in a war

to make sure that not just one person had

all the power in making these important

decisions, like whether or not to go to

war

Why? List two reasons that you think that

branch has the hardest job when it comes

to foreign policy.

1)

2)

Judicial Branch in a Flash Name:

Reading p.1

It’s All About the Robes

Actually, it’s not. The cool black robe judges wear is the first thing

a lot of people think of when they hear the word “judicial.” But the

first thing you really need to know is how courts were created.

The only court the United States Constitution actually creates is

the Supreme Court—the highest court in the country. The

Constitution also allows Congress to create other courts. When

Congress created those courts, the federal court system was born.

Criminal v. Civil

Most trials you see on TV involve a person who has been accused of

a crime. But criminal cases are not the only kind of cases that go to

trial. Sometimes people have a disagreement that they can’t resolve

on their own. Often, one side feels that the other side violated their

rights in some way. This kind of case is called a civil case. The goal

of a civil case is not to find out whether someone is innocent or

guilty, but to decide which side’s version of the story is correct.

Two Court Systems

Here’s the confusing part: There are two systems of courts in the

United States. The federal court system deals with disputes

about laws that apply to the entire United States. State court

systems mostly deal with disputes about state laws. Each state

has its own court system created by its own state constitution.

Whether people take their case to a federal or state court depends

on the laws involved in the case. The good news is that state court

systems usually work just like the federal court system.

You’re On Trial!

The trial court is the first court to hear a case. Both the state and

federal systems have trial courts. In the Federal system, the trial court

is called a District Court. In the trial court, lawyers use evidence to try

to prove that their client’s side of the story is what really happened.

Evidence can be almost anything—witnesses, videos, photographs, a

letter, a piece of fabric, or even a murder weapon! In a jury trial, a

group of twelve people listens to the evidence and decides who wins

the case. That decision is called the verdict. In a bench trial there is

no jury, so the judge gives the verdict.

The federal system is divided into districts called circuits.

Which Court to Use

Each court system deals with certain kinds of cases. Federal courts hear

cases involving federal laws, the U.S. Constitution, or disputes between

citizens of different states. State courts hear cases involving state laws

or the state’s constitution. They also deal with disagreements between

citizens of the state. State courts normally resolve the kinds of issues

you hear about in everyday life, such as family matters, accidents,

crimes, and traffic violations. Most legal issues that people have get resolved in the state court system.

Which roles do you recognize?

Judicial Branch in a Flash Name:

Reading p.2

And That’s Final!

At the U.S. Supreme Court, a panel of nine justices hears

the cases. (State supreme courts often have fewer justices.)

The Supreme Court gets to choose which cases to take —

and it doesn’t take very many! Often, cases that make it to

the Supreme Court are disputes about whether a law goes

against the Constitution. Once the Supreme Court has said

something is unconstitutional, that’s it! Only the Court itself

can reverse that decision. This power of deciding what is

constitutional is called judicial review. The U.S. Supreme

Court has this power over federal laws. State supreme

courts have this power over state laws.

Judges and More Judges

While a trial court only has one judge, most Court of Appeals cases are heard

by three judges! When more than one judge listens to a case, the group of

judges is called a panel. Usually, the judges decide the case by majority

vote. At the appellate level, there is never a jury. That’s because a jury’s only

job is to look at evidence and decide what happened. In an appellate court,

the judges are deciding whether legal errors have been made. For the losing

side in the Court of Appeals, there is one more chance: the Supreme Court,

which is the highest court.

The nine current U.S. Supreme Court Justices.

It’s Not Over Until It’s Over

Losing in the trial court doesn’t mean the case is over. If the

losing side thinks there’s been an error, they can ask a higher

court to review the verdict and replace it with a different

decision. The courts above the trial court are called appellate

courts. The federal system and most state systems have two

appellate-level courts: a Court of Appeals and a Supreme Court.

(Your state might have a different name for these courts!) Asking

an appellate court to review a case is called making an appeal.

Going Up! (And Sometimes Down)

Want to sound like a legal eagle? Then you can

say that a case is “brought up on appeal.” Cases

are thought of as going “up” through the court

system. A trial court decision is brought up to

the appeals court; an appeals court decision is

brought up to the highest court. Once a case

has been heard by the highest court, there is

nowhere left to go.

Appellate courts review lower courts’ decisions

to see if a mistake was made. When an

appellate court makes a decision, all lower

courts must follow that decision in the future

when the same issue comes up again.

Judicial Branch in a Flash Name:

Worksheet p.1

A. Complete the Sentence. Use the terms and

ideas that you learned in this lesson to finish each

statement.

B. Making Comparisons. Decide whether each

description fits trial courts only, appellate courts

only, or both, and write the letter of the description

in the correct part of the diagram. The first one is

done for you. 1. The only court the Constitution creates is

_____________________________________

2. The two court systems in the United States are

_____________________________________

_____________________________________

3. Two kinds of legal cases are ______________

_____________________________________

4. The job of the Court of Appeals is

_____________________________________

_____________________________________

5. It’s difficult to take a case to the Supreme

Court because __________________________

_____________________________________

_____________________________________

6. If you lose a case in the trial court, you can

_____________________________________

_____________________________________

7. If an appellate court affirms a case, it means

_____________________________________

_____________________________________

8. If a law is unconstitutional, the Supreme Court

can __________________________________

_____________________________________

9. Evidence is used for _____________________

_____________________________________

_____________________________________

10. A trial with no jury is called a _____________

_____________________________________

C. Order in the Court! Number each set of

events to put the three events in the correct order.

A

____

____

____

____

____

____

____

____

____

____

____

____

Sources of Law Name:

Reading p.3

Types of Law

Laws can be divided into two main categories: criminal and civil.

The sources of law you just read about create both kinds of laws.

However, courts treat criminal and civil cases differently.

Criminal Law

Criminal laws are laws that make certain actions a crime. These

laws come from all three levels of government (federal, state, and

local) and can be found in statutes, regulations, and sometimes in

state constitutions.

There are two general levels of crimes. Felonies are serious crimes

that normally have a punishment of more than a year in jail.

Misdemeanors are less serious crimes where the penalty is usually

less than a year in jail or even just a fine. A law that makes it a

crime to do something usually says whether violating the law will be

considered a felony or a misdemeanor. Felonies and misdemeanors

are also divided into classes depending on how serious they are.

In a criminal trial, the question is always, “Did this person commit a

crime?” The government is always on one side of the case, charging

someone with a crime. The person accused of the crime, called the

defendant, is always on the other side. The defendant is either

found innocent of the crime and is acquitted, or he or she is found

guilty and is sentenced with a fine or jail time.

Civil Law

Here’s a basic rule of thumb: If it’s not criminal, it’s civil! Civil laws

involve a wide range of subjects such as property, divorce, contracts,

wills, personal injury, bankruptcy, employment, agriculture, and taxes.

For this reason, there are many more civil laws than criminal laws.

Civil laws usually help settle disagreements between people. People

may disagree over things like rights to property, custody of children in a

divorce, or what a contract says. The two sides in a civil case each get

to tell their side of the story. The judge or jury decides what the facts

are and what the remedy, or solution, should be.

Sometimes, like criminal cases, civil cases involve someone who has

injured someone else. Many injuries, such as accidents, are not caused

by a crime. The person who caused the accident and the person who

was hurt must come to an agreement about how the injured person can

be compensated for his or her loss.

Very often, civil law does not involve a problem or disagreement at all.

If someone wants to make a will or draw up a contract to sell

something, there are civil laws that say how those things should be

done.

Judge’s-eye view of a typical courtroom

Sources of Law Name:

Worksheet p.1

A. One Accident, Two Trials. Follow the diagram through to the questions below.

Compare & Contrast. Based on what you have learned, complete the Venn diagram by using the statements below.

(A) The defendant may have to pay money

(B) The defendant may get jail time or loss of privileges

(C) Deals with a crime that was committed

(D) The case involves a problem between two individuals

(E) The case involves the government against a person

(F) Trials can be heard and decided by a jury

(G) The remedy is decided according to state guidelines

(H) The remedy is decided according to what is asked for

In both cases, Tracy

has to defend her

actions in court.

Did you know?

Someone can be

found innocent in

a criminal case

but found at fault

in a civil case and

be ordered to pay

for damages.

Marbury v. Madison (1803) Name:

Reading

So What?

Believe it or not, this is considered one of the most important

cases the Supreme Court has ever decided. That’s because it

was the first time the Supreme Court struck down an act of

Congress for being unconstitutional. The idea that the

Supreme Court has the final say about what is constitutional is

called judicial review. Judicial review lets the judicial branch

do two things: 1) interpret the Constitution and decide what it

means, and 2) stop the executive and legislative branches

from doing things that go against the Constitution.

The decision in Marbury v. Madison helped cement the judicial

branch as equal with the other two branches of government by

giving it equal power.

“But the President Said I Could Be a Judge!”

In 1800, President John Adams ran to be re-elected as president, but he

lost to Thomas Jefferson. During his last weeks in office, Adams

appointed a bunch of men to be justices of the peace in the District of

Columbia. Each man would receive a paper commission that was signed

and sealed. The commissions were prepared, but they were not sent

before Adams left office. When President Jefferson took over, he refused

to send them.

One man, William Marbury, was upset. He wanted to be a judge! So he

asked the United States Supreme Court to issue a legal order called a writ

of mandamus (man-DAY-mus). In this case, the writ would have required

Marbury’s commission to be delivered.

The Decision

The Supreme Court agreed that Marbury had a right to receive his

commission, but disagreed that the Court had the power to issue

the writ. Why? Because the Supreme Court gets its power directly

from the Constitution, and the Constitution says only certain kinds

of cases can start at the Supreme Court. That meant the 1789 law

passed by Congress was unconstitutional. Congress did not have

the power to allow more kinds of cases to start at the Supreme

Court. Therefore, the Supreme Court said it could not help Marbury

get his commission.

The Argument

Did you notice that Marbury didn’t start in a regular, local court?

He started at the Supreme Court. Normally, that would be

backwards. But in 1789, Congress had passed a law saying

people could start at the Supreme Court if all they wanted was a

writ of mandamus. Marbury argued that he was entitled to the

writ because his commission had already been created. He also

argued that the Supreme Court had the power to issue the writ.

James Madison was Jefferson’s Secretary of State. He was told not to deliver the commissions.

Thanks to Marbury v. Madison, today the three branches of government are equal.

William Marbury never did receive his commission. Photo courtesy of Maryland Historical Society.

Name:

Activity

Supreme Court Strikedown: End of the Line for a Law? The Supreme Court may declare a law

unconstitutional, but that doesn’t always mean the whole law is dead. Congress can change the law,

repeal the law and pass a new one, drop the subject, or even amend the Constitution itself!

First, read about four laws the Supreme Court has struck down. Then see if you can correctly guess what

happened next! When you’re done, match the letter of each law to its answer below. (Hey—no peeking!)

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Marbury v. Madison (1803)

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