THE JUDICIAL BRANCH Introduce students to the judicial branch in one or two class periods with this easy lesson plan. First, kick students off with our optional sponge activity while you’re taking care of business, then show our video on the Judicial Branch. Using our printable resources, have the class read a short passage that reinforces and builds on the video, then guide students as they use what they’ve learned to complete a worksheet and/or crossword puzzle. If there’s time, assess them with an easy version of “Judicial Branch Bingo.” Only have a few minutes to spare? Take them right up to the bell with a no-materials-required, active-participation assessment activity.

Objectives/Learning Outcomes: • • •

Students will be able to describe the structure of the Judicial Branch. Student will be able to explain the roles of the three levels of the Judicial Branch. Students will be able to define key terms associated with the Judicial Branch.

Materials: • • • • • •

Judicial Branch video on www.OurCourts.org (optional) Judicial Branch reading page Judicial Branch worksheet Judicial Branch crossword puzzle (optional) Judicial Branch “Bingo!” grid and teacher instructions (optional) Judicial Branch “active participation” teacher page

Sponge Activity/Bell Work: This is designed to be an open-ended, ungraded brainstorming-type activity that students begin the moment they sit down and that gets them thinking about the topic. You can provide scratch paper or they can provide their own. On the board, write the following question for which students will brainstorm answers: List as many things (or people) as you can think of that might be found inside a courtroom

2. Give students a copy of the Judicial Branch reading page. Read the passage as a class. 3. Have students complete the Judicial Branch worksheet or the Judicial Branch crossword puzzle. 4. Stop students a few minutes early and assess the group using either the true/false or A/B active participation assessment activities.

Two-Class Plan: Class One: 1. Show the Judicial Branch video found on OurCourts.org. 2. Give students a copy of the Judicial Branch reading page. Read the passage as a class. 3. Have students complete the Judicial Branch worksheet. 4. Stop students a few minutes early and assess the group using the true/false active participation assessment activity. Class Two: 1. Make sure each student still has a copy of the reading page. 2. Begin class with the A/B active participation activity as a review. 3. Distribute the Judicial Branch “Bingo!” grids and play two rounds of the game. 4. Have students spend the rest of class completing the Judicial Branch crossword puzzle.

Accommodations: One-Class Plan: 1. Show the Judicial Branch video found on OurCourts.org. The video is also broken down into individual “chapters” so you have the option to review certain topics afterward. (If you can’t show the video, start with the reading page.)

•

• •

Chorally read the passage. Repeat and reinforce bolded words. Read worksheet to the class or as a chorus

THE JUDICIAL BRANCH It’s All About the Robes Actually, it’s not. The cool black robe that 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. If you read the Constitution of the United States, you’ll see the only court it actually creates is the Supreme Court—the highest court in the country. But the Constitution also allows Congress to create other courts. When Congress did that, the federal court system was born.

Federal? State? Huh?? 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! Almost all court cases begin in a trial court. In the federal system, the trial court is called a District Court. The trial court is the first court to hear a case. Everyone loves a good courtroom drama on TV, but in real life people don’t usually make shocking confessions on the witness stand. 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!

Criminal or Civil?



SUPREME COURT The highest court Reviews selected cases from Court of Appeals COURT OF APPEALS Reviews cases from the District Court Does not hear cases for the first time

GOING UP! Taking a case through the court system is like riding an elevator

DISTRICT COURT The trial court Hears cases for the first time







It’s Not Over ‘Til It’s Over Losing in the trial court doesn’t mean the case is over. The losing side can ask a higher court to look at the verdict and replace it with a different decision. The courts above the trial An appellate court can… court are called … affirm the trial court’s appellate courts. decision Asking an appellate … reverse the decision court to review a case … remand the case back to the trial court to start over is called an appeal. While a trial court only has one judge, at the Court of Appeals cases are usually heard by a three-judge panel. The judges review the case to see if the trial court made a mistake. For the losing side in the Court of Appeals, there is one more chance: the Supreme Court, which is the highest court. There, a panel of nine justices reviews the case. But don’t hold your breath waiting to take a case to the Supreme Court… The Supreme Court gets to choose which cases it wants to hear, and it doesn’t choose very many!

Most trials you see on TV involve a person who has been accused of a crime. But criminal cases are not Who Gets The Last Word? the only kind of cases that go to trial. Sometimes people have a The judicial branch! That is, if you’re talking about the civil = relating to disagreement that they can’t Constitution. If you’ve ever read the actual text of the the rights of citizens resolve on their own. Often Constitution, you know it’s not easy to understand. The criminal = relating one side feels that the other Supreme Court is in charge of deciding what the to crime side violated their rights in some Constitution is actually saying. If Congress or the way. This kind of case is called a civil case. The goal President tries to do something that goes against the of a civil case is not to find out whether Constitution, the Supreme Court can strike it down. Once the Supreme Court has someone is innocent or guilty, but to Who Decides? decided something is decide which side’s version of In a jury trial, a group of twelve the story is correct. unconstitutional, that’s it! Only the people listens to the evidence and Court itself can reverse that decides who wins the case. That decision. This power of deciding decision is called the verdict. In a what is constitutional is called bench trial there is no jury, so the judge gives the verdict. judicial review.

THE JUDICIAL BRANCH

Name _________________________________ Date

A. Finish each sentence. The only court the Constitution creates is: _____________________________________________ If you make an appeal, you are asking:

_________________

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. Trial Court

Appellate Court

A

_____________________________________________ Two kinds of legal cases are: _____________________________________________ The job of the Court of Appeals is: _____________________________________________ It’s difficult to take a case to the Supreme Court because: _____________________________________________ _____________________________________________

A. B. C. D. E. F. G. H.

Hears civil cases Might have a jury trial Does not hear cases for the first time Hears criminal cases Reviews a verdict to look for mistakes Usually has three-judge panels Hears cases for the first time Works with laws

C. 1, 2, 3… Sequencing! Number each set of events to put the three events in order.

If you lose a case in the trial court, you can: _____________________________________________ If an appellate court affirms a case, that means: _____________________________________________ If a law is unconstitutional, the Supreme Court can: _____________________________________________ Evidence is used to: _____________________________________________ _____________________________________________ A trial with no jury is a: _____________________________________________

1) ____ Trial is held in the District Court ____ The Supreme Court agrees to hear the case ____ An appeal is made to the Court of Appeals 2) ____ Evidence is presented to the jury ____ The members of the jury are chosen ____ The jury returns a verdict 3) ____ The Court of Appeals affirms the case ____ The jury returns a verdict ____ The case is appealed 4) ____ The Court of Appeals remands the case ____ A new trial begins ____ The first verdict is appealed 5) ____ The Supreme Court strikes down the law ____ The Supreme Court hears a case about the law ____ Congress passes a law

THE JUDICIAL BRANCH

Name ___Teacher’s Key________________ Date

A. Finish each sentence. The only court the Constitution creates is: __________Supreme Court.___________________ If you make an appeal, you are asking:

_________________

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. Trial Court

Appellate Court

the court to review your case._______________

B

Two kinds of legal cases are:

G

________criminal and civil._________________

A

C

D H

E F

The job of the Court of Appeals is: to see if the trial court made a mistake._____ It’s difficult to take a case to the Supreme Court because: the Supreme Court chooses which cases to___ hear and they don’t choose very many._____

A. B. C. D. E. F. G. H.

Hears civil cases Might have a jury trial Does not hear cases for the first time Hears criminal cases Reviews a verdict to look for mistakes Usually has three-judge panels Hears cases for the first time Works with laws

C. 1, 2, 3… Sequencing! Number each set of events to put the three events in order.

If you lose a case in the trial court, you can: __________appeal to a higher court._________ If an appellate court affirms a case, that means: the verdict stays the same.__________________ If a law is unconstitutional, the Supreme Court can: ______strike it down.________________________ Evidence is used to: prove that one person’s side of the story is___ what really happened.______________________ A trial with no jury is a: _______bench trial._______________________

1) __1__ Trial is held in the District Court __3__ The Supreme Court agrees to hear the case __2__ An appeal is made to the Court of Appeals 2) __2__ Evidence is presented to the jury __1__ The members of the jury are chosen __3__ The jury returns a verdict 3) __3__ The Court of Appeals affirms the case __1__ The jury returns a verdict __2__ The case is appealed 4) __2__ The Court of Appeals remands the case __3__ A new trial begins __1__ The first verdict is appealed 5) __3__ The Supreme Court strikes down the law __2__ The Supreme Court hears a case about the law __1__ Congress passes a law

JUDICIAL BRANCH CROSSWORD

Name ___________________________

1 2

3

4 5

7

6

9 8

10

11

12

17 13 15

16

14

18 22 19

20

23

21

24

25

Across 1. Number of court systems in the U.S. 3. Group of people that decides a case after hearing the evidence 6. When an appellate court upholds a verdict 7. What appellate judges look for when they review a case 8. Something that goes against the Constitution 9. Number of justices on the Supreme Court 10. Taking a case through the court system is like riding one of these 11. When an appellate court rejects a verdict 14. This court gets to choose which cases to hear 18. Type of court that reviews the trial court’s decision 19. The Supreme Court’s power to decide what is constitutional 23. When there is more than one judge, the group of judges is called a _____ 24. The lowest court in the federal system 25. Choosing between the federal or state court system depends on the ____ involved in the case

Down 1. The first court to hear a case 2. People or things that can prove one side’s version of what happened 4. When an appellate court sends a case back to the trial court 5. One kind of evidence 11. What an appellate court does with a case 12. The document that created the judicial branch 13. Type of case relating to peoples’ rights 14. Court system that deals with state laws 15. Court system that deals with United States laws 16. What a judge wears 17. One kind of evidence 20. Type of case about someone accused of committing a crime 21. Asking an appellate court to review a case 22. Type of trial that has no jury

JUDICIAL BRANCH CROSSWORD 1 T

7 M

2 E

R

V

I

I

S

T

A

K

D E 8 U

N

C

O

N

S

T

I

T

U

T

I

C

3 J

U

4 R

Y 5 W

M

I

L

A

T

C

9 N

O

F

N

F

A

I

R

L

I

D

L

E

V

A

T

O

12 C

N

T 18 A

I

T

E

P

P

E

V I

T L

A

U

P

D

I

I

21 A

L

R

E

R

T

V

I

E

P

N

I

I

P

C

O

M

E

H

I

A

A

N

E

S

E

M

W

E

16 R C

O

O U

R

T

D

B

O

E

E

G

R

R

A

A

L

P H

T 24 D

L

A 25 L

E

22 B

R

23 P

R

H

E

T

N

E

15 F

W

T 20 C

V

17 P

I 14 S

L

E

V

T U

R

I

S

E

S 11 R

13 C

O

N E

U 10 E

E

19 J

O

E

6 A

E

W

Name ______Teacher’s Key___

I

S

T

R

I

C

T

C

O

U

R

T

I A

W

S

Across 1. Number of court systems in the U.S. 3. Group of people that decides a case after hearing the evidence 6. When an appellate court upholds a verdict 7. What appellate judges look for when they review a case 8. Something that goes against the Constitution 9. Number of justices on the Supreme Court 10. Taking a case through the court system is like riding one of these 11. When an appellate court rejects a verdict 14. This court gets to choose which cases to hear 18. Type of court that reviews the trial court’s decision 19. The Supreme Court’s power to decide what is constitutional 23. When there is more than one judge, the group of judges is called a _____ 24. The lowest court in the federal system 25. Choosing between the federal or state court system depends on the ____ involved in the case

A L

Down 1. The first court to hear a case 2. People or things that can prove one side’s version of what happened 4. When an appellate court sends a case back to the trial court 5. One kind of evidence 11. What an appellate court does with a case 12. The document that created the judicial branch 13. Type of case relating to peoples’ rights 14. Court system that deals with state laws 15. Court system that deals with United States laws 16. What a judge wears 17. One kind of evidence 20. Type of case about someone accused of committing a crime 21. Asking an appellate court to review a case 22. Type of trial that has no jury

JUDICIAL BRANCH BINGO! TEACHER DIRECTIONS Here’s an easy version of Bingo with nothing that only requires pencil and paper: 1) Give each student a Judicial Branch Bingo grid. 2) There are 16 squares in the grid and 18 vocabulary words at the bottom of the Bingo page. Students should choose 16 words and write the words in random order in the grid. Emphasize to students that they mush choose their own order for the words or everyone’s grid will be the same. 3) Tell students you will be reading definitions out loud. When they hear a definition, they should look for the correct vocabulary word on their grid. If it’s there, they should make a small mark in that square. 4) Read definitions out loud at random and keep track of which ones you’ve read. 5) When a student gets four words in a row either vertically, horizontally, or diagonally, they should call “Bingo!” 6) When a student calls “Bingo,” pause the game and ask the student to read the four words back to you. As they read, confirm that you really did read the definitions for those words. 7) Assign the student an appropriate reward (for example, an extra credit point). 8) Continue this round of Bingo until you are satisfied with the number of students who have won. Normally, it works to allow students to get Bingo more than once during a round. 9) When you’re ready, stop the round and start over. For the second round, tell students to use a different shaped mark in the grid to distinguish from the first round. On a grid this size, two rounds is usually plenty.

Keep Track

Vocab Word Supreme Court Court of Appeals District Court Federal Courts State Courts Trial court Evidence Criminal Case Civil Case Jury Trial Bench Trial Verdict Appellate Courts Appeal Affirm Reverse Remand Judicial Review

Definition Court that only reviews some cases, usually about the Constitution Reviews cases to see if the trial court made a mistake The trial court in the Federal system Courts that hear disputes about laws that apply to the entire United States Courts that hear disputes about the laws of one state Court that hears a case for the first time Objects or information used in court to prove what really happened A case involving someone who is accused of committing a crime A case involving the rights of citizens A trial where a group of people listens to the evidence and decides the case A trial where only the judge hears the evidence and decides the case The decision at the end of a case Courts above the trial court Asking a higher court to review a case When an appellate court decides no mistake was made When an appellate court overturns the trial court’s verdict When an appellate court sends a case back to the trial court The power of the Supreme Court to decide what the Constitution really says

JUDICIAL BRANCH BINGO! Choose 16 vocabulary words from the list at the bottom of the page and write them in random order inside the squares. When your teacher reads a definition, look to see whether you have that word in your grid. If so, make a small mark in the box. When you get four words in a row (vertical, horizontal, or diagonal), call out “Bingo!” Then read the four words back to your teacher to make sure they match definitions that were read. Keep playing until your teacher starts over with a new round of Bingo. For the new round, make a different shaped mark in the squares (for example, X the first time, O the second time).

Supreme Court Trial court Civil Case Verdict Affirm Judicial Review

Federal Courts Evidence Jury Trial Appellate Courts Reverse Court of Appeals

State Courts Criminal Case Bench Trial Appeal Remand District Court

ACTIVE PARTICIPATION INFORMAL ASSESSMENT #1 JUDICIAL BRANCH TRUE/FALSE Procedure Tell students you are going to read a series of true/false questions. Tell them that when you have finished reading each statement (sometimes you may need to repeat the statement), you will ask them to tell you whether the statement is true or false. There are several ways you can have students respond: • Ask them to give you a “thumbs up” if the answer is true and a “thumbs down” if it’s false. • Have students call out “true” or “false” in a chorus. • Make a quick set of T/F cards using index cards. On each card, write a large T on one side and F on the other. Give each student a card and ask them to answer by showing you the T side or the F side. Either way, ask students to wait until you have finished reading the statement to respond. Example Teacher: Class: Teacher:

There are two levels of courts. True or false? (showing thumbs down) Great! Everyone is showing me that’s wrong. How many are there? (This is a good opportunity to reinforce the material with students)

1. The Supreme Court of the United States was created by Congress. (F) 2. There is only one judge in a trial court. (T) 3. If Congress passes an unconstitutional law, the Supreme Court can strike it down. (T) 4. When you first begin a trial, you will be in an appellate court. (F) 5. A jury decides the case in a bench trial. (F) 6. The Supreme Court must take every case that gets appealed to it. (F) 7. If you break a state law, your case will probably be in a state court system. (T) 8. When the Supreme Court looks at whether something is constitutional, the court is exercising judicial review. (T) 9. It would be easy to prove a case without evidence. (F) 10. If the Court of Appeals remands a case, that means the court says the verdict was right. (F) 11. The federal court system was created by Congress. (T) 12. State court systems were created by the Constitution of the United States. (F) 13. When you ask a higher court to review your case, you are making an appeal. (T) 14. When the Court of Appeals affirms a case, it sends the case back to the trial court. (F) 15. The Supreme Court gets the last word about what the Constitution really says. (T)

ACTIVE PARTICIPATION INFORMAL ASSESSMENT #2 JUDICIAL BRANCH A/B Procedure Tell students you are going to read a series of statements that are not complete. Tell them that when you have finished reading each statement (sometimes you may need to repeat the statement), you will give them two possible answers—an “A” answer and a “B” answer. There are several ways you can have students respond: • Ask them to give you a “thumbs up” if the answer is A and a “thumbs down” if the answer is B. • Have students call out “A” or “B” in a chorus. • Make a quick set of A/B cards using index cards. On each card, write a large A on one side and B on the other. Give each student a card and ask them to answer by showing you the A side or the B side. In addition to reading the answer options, you can also make an overhead with an A column and a B column so the students can see the answers as you go along. Either way, ask students to wait until you have finished reading the statement to answer. Example Teacher: There are 9 justices on the _____. Is it A: Court of Appeals, or B: Supreme Court? Class: (saying or showing B) Teacher: Great! Everyone is saying it’s the Supreme Court. How many judges usually hear a case at the Court of Appeals? (This is a good opportunity to verbally reinforce the material with students) QUESTION When someone is accused of a crime, the type of case is If you appeal a case, you are going to The court that gets to decide what is constitutional and what isn’t is the If the appellate court thinks a decision was wrong, it will If a group of people gives the verdict after a trial, that trial was a A word that means “relating to the rights of citizens” The Supreme Court has If an appellate court sends a case back to the trial court, it has If you go to the Court of Appeals, you will see If the Supreme Court strikes down a law, that law was The decision in a case is called the If you break a law of the United States, your case will probably be in a At trial, lawyers try to prove their case using If the Court of Appeals reverses a decision, then State courts were created by

A

B

civil

criminal

appellate court

trial court

Supreme Court

Court of Appeals

affirm the decision

reverse the decision

jury trial

bench trial

criminal three justices three judges

civil nine justices remanded the case one judge

unconstitutional

constitutional

evidence

verdict

federal court

state court

an appeal the case is all over the US Constitution

evidence there is still the Supreme Court state constitutions

affirmed the case