Objectives/Learning Outcomes: Two-Class Plan: Materials: Sponge Activity/Bell Work: Accommodations: One-Class Plan:

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1 T H E J U D I C I A L B R A N C H 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 (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 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.) 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: Chorally read the passage. Repeat and reinforce bolded words. Read worksheet to the class or as a chorus

2 civil = relating to the rights of citizens criminal = relating to crime 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? 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. GOING UP! Taking a case through the court system is like riding an elevator Who Decides? 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. 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 court are called appellate courts. Asking an appellate court to review a case is called an appeal. While a trial court only has one judge, at the 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 DISTRICT COURT The trial court Hears cases for the first time An appellate court can affirm the trial court s decision reverse the decision remand the case back to the trial court to start over 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! Who Gets The Last Word? The judicial branch! That is, if you re talking about the Constitution. If you ve ever read the actual text of the Constitution, you know it s not easy to understand. The Supreme Court is in charge of deciding what the Constitution is actually saying. If Congress or the President tries to do something that goes against the Constitution, the Supreme Court can strike it down. Once the Supreme Court has decided 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.

3 THE JUDICIAL BRANCH Name Date A. Finish each sentence. The only court the Constitution creates is: 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. If you make an appeal, you are asking: Two kinds of legal cases are: Trial Court A Appellate Court The job of the Court of Appeals is: It s difficult to take a case to the Supreme Court because: 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: A. Hears civil cases B. Might have a jury trial C. Does not hear cases for the first time D. Hears criminal cases E. Reviews a verdict to look for mistakes F. Usually has three-judge panels G. Hears cases for the first time H. Works with laws C. 1, 2, 3 Sequencing! Number each set of events to put the three events in order. 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

4 THE JUDICIAL BRANCH Name Teacher s Key Date A. Finish each sentence. The only court the Constitution creates is: 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. Supreme Court. If you make an appeal, you are asking: Trial Court Appellate Court the court to review your case. Two kinds of legal cases are: criminal and civil. B G A D H C F E 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. 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. A. Hears civil cases B. Might have a jury trial C. Does not hear cases for the first time D. Hears criminal cases E. Reviews a verdict to look for mistakes F. Usually has three-judge panels G. Hears cases for the first time H. Works with laws C. 1, 2, 3 Sequencing! Number each set of events to put the three events in order. 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

5 JUDICIAL BRANCH CROSSWORD Name 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

6 JUDICIAL BRANCH CROSSWORD Name Teacher s Key 2 E 1 T W O V I E 7 M I S T A K E R 3 J U 4 R 6 A F F I R M I Y 5 W D L A T E C 9 N I N E 8 U N C O N S T I T U T I O N A L D E C U S E 10 E L E V A T O R 12 C T E O 11 R E V E R S E 13 C V H N I I S V 14 S U P R E M E C O U R T 15 F 16 R 17 P O T I T W D B O I T 19 J U D I 18 A P P E L L A T E E E G 20 C I T 22 B R R 21 A L R E V I E W A A T R P N L P I I P C H O M E H N I A T 23 P A N E L 24 D I S T R I C T C O U R T A 25 L A W S A I 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 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

7 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

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

9 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)

10 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 A B When someone is accused of a crime, the type of case is civil criminal If you appeal a case, you are going to appellate court trial court The court that gets to decide what is constitutional and what isn t is the Supreme Court Court of Appeals If the appellate court thinks a decision was wrong, it will affirm the decision reverse the decision If a group of people gives the verdict after a trial, that trial was a jury trial bench trial A word that means relating to the rights of citizens criminal civil The Supreme Court has three justices nine justices If an appellate court sends a case back to the trial remanded the affirmed the case court, it has case If you go to the Court of Appeals, you will see three judges one judge If the Supreme Court strikes down a law, that law was unconstitutional constitutional The decision in a case is called the evidence verdict If you break a law of the United States, your case will probably be in a federal court state court At trial, lawyers try to prove their case using an appeal evidence If the Court of Appeals reverses a decision, then the case is all there is still the over Supreme Court State courts were created by the US state Constitution constitutions