From the Source: Readings in Economics and Government: Reading 37: Judiciary Act of 1789 Interactive Art: Road to the Supreme Court

Chapter 7 Planning Guide The Judicial Branch Chapter Overview Instructional Resources Review, Assessment, Intervention CHAPTER 7

• * * Students Take Action Activities Alternative Assessment Handbook pp. 176–196

   Civic Participation Activities Guide Chapter and Unit Tests: Chapter 7: Overview:

  Students will learn Tests A and B

• *

  Community Service and Participation Handbook:

  about the role, functions, and com- *

Chapter 7 Chapter and Unit Tests for Differentiated

  ponents of the judicial branch of Instruction: Chapter 7: Test C * the U.S. government.

• * Law 101: Chapter 7

   Student Edition on Audio CD Program Holt Online Researcher Interactive Skills Tutor

  Chapter 7 Teaching Transparencies: Quiz Game Creative Teaching Strategies: Chapter 7 * OSP Teacher’s One-Stop Planner Constitution Study Guide Spanish Audio Summaries Media Investigations: Chapter 7 * Standardized Test Practice Handbook: Active Citizenship Video Program Activity 7

• * * Vocabulary Activities: Chapter 7 Online Chapter Summaries in Spanish
• * From the Source: Readings in Economics and Alternative Assessment Handbook

  Equal Justice Under the Law Government: Reading 70: A Theory of Justice Daily Quizzes: Section 1 * The Big Idea: The rights of all U.S.

  

Community Service and Participation Handbook:

ANNING GUIDE

  Online Quiz: Section 1 citizens are protected by laws and

  Chapter 7 Guided Reading Strategies: Section 1 * the courts. Main Idea Activities for Differentiated Instruction: Section 1 * Section 2 From the Source: Readings in Economics and * Alternative Assessment Handbook TER 7 PL The Federal Court System

Government: Reading 37: Judiciary Act of 1789

• * Daily Quizzes: Section 2

  The Big Idea: The federal court Interactive Art: Road to the Supreme Court Online Quiz: Section 2 system consists of three levels of courts, each of which has specific

• * Guided Reading Strategies: Section 2

  CHAP duties.

   Main Idea Activities for Differentiated Instruction: Section 2 *

   Simulations and Case Studies: Lesson 6: Bethel * Alternative Assessment Handbook The Supreme Court School District v. Matthew Fraser

• * Daily Quizzes: Section 3 *

  The Big Idea: The Supreme Court Simulations and Case Studies: Lesson 7: Moot Court: Online Quiz: Section 3 hears appeals, reviews laws, and

• *

  Jones v. Clear Creek ISD

  

Guided Reading Strategies: Section 3 * strongly influences American

• * Graphic Organizer Activities: Chapter 7 society.

   Main Idea Activities for Differentiated

Challenge and Enrichment Activities: Chapter 7 *

Instruction: Section 3 *

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

v. Madison

• *

  U.S. Supreme Court Case Studies: Case 8: Plessy

  v. Ferguson and Brown v. Board of Education

• * Internet Activity: Supreme Court Procedures

  

Internet Activity: Landmark Supreme Court Cases

176a

  OLT H

  Student Edition Print Resource Audio CD SE

  Teacher’s Edition Transparency CD-ROM TE

  Active Citizenship Video Program (VHS/DVD) go.hrw.com Learning Styles Video

  Trials Over Title IX One-Stop Planner CD-ROM also on One-Stop Planner

  OSP

• Differentiated Instruction

  Quiz Game CD-ROM Chapter and Unit Tests for Differentiated Instruction: *

Chapter 7: Test C Quiz Game CD-ROM is an interactive Differentiated Instruction: Teaching ESOL Students

  multimedia game that assesses student Student Edition on Audio CD Program understanding, makes learning fun,

   Spanish Audio Summaries and tracks student performance. Differentiated Instruction Modified Worksheets and Tests CD-ROM CHAP TER 7 PL

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

   Guided Reading Strategies: Section 1 * Main Idea Activities for Differentiated Instruction:

ANNING GUIDE

• * Section 1

  Teacher Resources

  KEYWORD: SZ7 TEACHER

   Guided Reading Strategies: Section 2 * Main Idea Activities for Differentiated Instruction: Student Resources *

  Section 2

  KEYWORD: SZ7 CH7

• Document-Based • Current Events Questions • Chapter-based Internet • Interactive Multimedia Activities Activities • and more!
• * Guided Reading Strategies: Section 3

   Main Idea Activities for Differentiated Instruction: * Section 3

   Challenge and Enrichment Activities: Chapter 7 Holt Interactive * Graphic Organizer Activities: Chapter 7 * Online Student Edition Complete online support for interactivity, assessment, and

reporting

• Interactive Art and Notebook • Standardized Test Prep • Homework Practice and Research Activities Online

  176b Before You Teach Why It Matters The third branch of the national government, the judicial branch, is charged with applying and interpreting federal law in cases that come before it. The framers realized the importance of delegating this role to an independent, co-equal branch of government, well aware of the pos- sibilities for abuse when those with the power to make or enforce laws also have the sole power to dispense justice. Accordingly, the Constitution vests the judicial power in the Supreme Court and in the “inferior courts” created by Congress.

  Greg Massing What the Courts Do

  Section 1 describes the basic work that the judicial system performs– determining whether to acquit or convict persons charged with crimes, and settling disputes among private parties, businesses, and government. To decide these cases, the courts look to four main sources of law: statutes, the common law, administrative law, and the Constitution. This section also outlines court procedures for handling legal cases, from trial through appeal.

  A Look at the Federal Courts Every state has its own court system, but the federal government has just one.

  Again, the Constitution provided for the Supreme Court, but otherwise gave Congress the power to create the federal judicial system. Section 2 describes the organization of this system—the United States district courts and their hundreds of federal district judges at the base, the circuit courts of appeal in the middle, and the Supreme Court at the top—and the types of cases heard at each level.

  CH The Supreme Court Today

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

  Perhaps the Supreme Court’s most important role in modern days, however, has been ensuring that state and local gov-

OU TE

  ernments follow federal law, both as enacted by Congress and as set forth in the Constitution—particularly in the Bill of Rights and the Fourteenth Amendment. The Court’s most noteworthy lines of cases, regarding school desegregation, the rights of criminal defendants, civil rights, and voting rights, all fall within this category.

  ORE Y Recent Scholarship BEF The Constitution ensures religious freedom and provides separation between religion and government. The U.S.

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

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

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

  176c

  Students Take Action: Encouraging Safe Exercise What They Did In this chapter, your class will read about a group of students in Missouri who supported plans to encourage safer bicycling

  Students may suggest the following safety measures, among in their community. Their plans included supporting a new

others:

bike trail at a local park, creating bicycle lanes on city roads

• Posted safety signs and rules about hours of use between two parks, and publicly displaying rules and regula-
• Designated areas for particular activities tions for bicyclists. The students conducted surveys and
• Available fi rst aid and trained medical personnel interviews. Their research eventually helped them gain support for their ideas from city offi cials, the city council,

  Service-Learning Teaching Tip and local residents.

  Developing an Oral Presentation To help students

  BEF successfully present a proposed policy, have them use

  What Your Class Can Do material they have collected to develop a fi ve-minute oral As interested citizens, students should get exercise in safe presentation. Because of time constraints, students should places such as local parks and other public spaces and should

  ORE Y present only the most signifi cant material. obey traffi c and safety laws. As active citizens, students then follow the democratic process one step further: They fi nd Have students practice presenting their material without ways to make these parks and areas safer and more usable for reading from it word for word. Suggest that students also use all members of the community. graphics such as charts, graphs, and photographs to illustrate

OU TE

  their point. Make sure that students actually refer to any As you discuss this chapter’s Students Take Action project visual materials in their presentation as well. with your class, work with students to brainstorm ways to encourage safe outdoor activities in your community:

• How does your community encourage residents to exercise?

  A

• What public areas are available in your community for

  CH people to ride bicycles and take part in other recreational activities?

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

  Name Class Date _{TIP Students Take Action}

  2 _{Contacting and Working with Government Officials want to be able to present yourself in a way that guarantees their respect and attention. However, these people are often very busy and receive many requests for their time. You government officials-both elected officials or those working for government agencies. Some of the best sources of information for your community-project research will be} Students Take Action Activities “Evaluating Information,” _{CONTACT BY MAIL 2. Try to keep the letter to one page. It should be as neat and professional as possible, 1. It is often best to contact a government official first by mail, especially if you are This may be a request for an interview or merely information about the subject. problem you are examining and what you hope to gain by contacting the official. you go to school, and why you are contacting the official. It should then explain the booklet, helps students evaluate information they have collected to ensure contacting a state or federal official. Your letter should clearly state your name, where} page 24 of the Students Take Action Activities _{CONTACT BY TELEPHONE with no errors of any kind. Be sure to type it and print it on clean paper. Ask an adult such as your teacher to proofread it before mailing.} that it is useful and accurate. The booklet’s rubrics, forms, planning guides, _{1. Even if you contact a source by mail, you should follow up with a telephone call to letter, clearly state who you are and why you are calling. the person’s office. In most cases, you will talk to a member of their staff. As in your} and additional tip sheets can also be used to organize, assist, and evaluate _{Read about how one group of students worked with government officials on their project in Chapter 8 of your textbook. • Always be courteous and polite when talking with government officials and members • Always be respectful of your contact’s time. Thank him or her for taking the time to • When making public presentations about your topic, be sure to acknowledge any help 2. Ask the staff member how you can set up an interview with the official or speak to of their staff. you received from government officials. discuss the subject with you. him or her by telephone. This is also a good time to request any written information that the staff might have on the topic. REMEMBER} student performance at each phase of the project. _{Holt Civics} Copyright © by Holt, Rinehart and Winston. All rights reserved. _{1 Students Take Action Activities}

  176d

  Standards Focus

THE JUDICIAL

  Standards by Section Section 1:

III.D

III.D

  III.D Explain why the rule of law has a central place in American society, e.g., it

  III.A BRANCH Preview Standards

  SECTION 1 establishes limits on both those who govern

  Equal Justice and the governed, makes possible a system under the Law of ordered liberty that protects the basic rights of citizens, and promotes the common

  SECTION 2 good. Describe historical and contempo- rary instances in which judicial protections The Federal Court have not been extended to all persons,

  System and describe historical and contemporary

  SECTION 3 instances in which judicial protections have been extended to those deprived of them in

  

The Supreme Court

the past.

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

  Chapter Correlations Arkansas Curriculum Framework Civics for Core Curriculum Grades 9-12 C.2.CCC.1; G.3.CCC.3; L.9.CCC.1; L.9.CCC.3;

III.How does the government established by the

PPE.12.CCC.1; SG.8.CCC.3; USC.5.CCC.1

  Constitution embody the purposes, values, and

principles of American democracy?

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

  

D. What is the place of law in the American

constitutional system? ©1994, 2003 Center for Civic Education. All Rights Reserved.

CHAPTER 7 Key to Differentiating Instruction At Level Introduce the Chapter Below Level Basic-level activities designed for all The Constitution and the Judicial Branch

  students encountering new material 1. Review with students Article III, Sections 1 the section of the Constitution they have read. and 2 of the Constitution. Possible questions include What “inferior

  At Level courts” has Congress established? and What

  2. Ask students to summarize in their own Intermediate-level activities designed does “good behavior” for judges mean? words the powers the Constitution gives to the for average students Supreme Court and to other federal courts.

  4. Have students share their questions with the Above Level Help students understand that the Constitution class, and list the questions on the board.

  Challenging activities designed for provides for a federal judiciary but does not Have students revisit the questions as they honors and gifted-and-talented students set up a clear system. read and add answers where possible.

  Verbal/Linguistic Standard English Mastery

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

  Activities designed to improve standard English usage 176

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

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

  

The actions of the U.S. government

and its citizens are governed by laws.

The government relies on a special set of offi cials to interpret these laws and to punish lawbreakers. These functions

are the responsibility of the judicial

branch of the federal government.

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

  Riding a bike in Mexico, Missouri, has become safer

thanks to a group of students who worked with

their city to have bike trails and bike lanes built.

What can you do in your community to promote

safe exercise?

  Active Citizenship Video Program Watch the video to examine the impact the

judicial branch can have on young people’s lives.

   H OLT Active Citizenship 䉴

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

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

ENCOURAGING SAFE EXERCISE

• How does the Supreme Court guar- antee Americans’ rights? It makes
• Why do you think the designers of the Supreme Court building chose to include this statue? Possible answer:

  ฀ ฀

  A RADIO NEWS BROADCAST All of the cases that the Supreme Court hears start in

the lower courts. As you read this chapter, take

notes on the process a court case takes from the original trial all the way to the Supreme

Court. Then you will prepare a radio news story

following a case through the judicial system.

  sure that laws and policies follow the Constitution and the rights it guarantees.

  to show people the importance of the Supreme Court in upholding and serving as an authority of the law

THE JUDICIAL BRANCH

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

  177

  Understanding the Skill In this chapter you will read about the judicial You will also read about the three main levels of

  Discuss with students the difference branch of the federal government, which is federal courts. Finally, you will learn about the between a fact and an opinion. A fact guided by the ideal of equal justice for all. You U.S. Supreme Court. You will learn how justices can be proved or disproved, an opinion will learn about the four kinds of law and how the are appointed and how the other branches of cannot. Remind students that when they U.S. court system uses them to settle disputes. government check the powers of the Court. are trying to determine whether a state- ment is a fact or an opinion, they should look for clues such as the phrases “I

  Distinguishing between Fact and Opinion believe,” “I think,” or “I feel,” which indicate that the statement is an opinion.

  Helpful Hints for

  People have many opinions about our government and

  Distinguishing between Find Examples of Facts

  political issues. To become an informed citizen, however,

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

  Bring in copies of the local newspaper or pages from different Identifying Facts and Opinions

  1. Phrases such as “I believe,”

  Something is a fact if there is a way to

  types of magazines. Organize the class “I think,” or “I feel” indicate

  prove it or disprove it. For example, research can prove or disprove the

  into small groups and give each group an opinion.

  following statement: “There are nine justices on the Supreme Court.”

  different pages. Ask each group to fi nd

  But research cannot prove the following because it is one person’s opin- 2.

  Telling readers what should examples of facts and opinions in the be done is another clue that

  ion or belief: “John Marshall was the greatest chief justice.” Use the an opinion is being given.

  pages it was given. Remind students process below to decide whether a statement is fact or opinion.

  3. that even in reputable newspapers or

  Judgment words such as best, worst, and greatest magazines, authors express opinions. are often used in opinions.

  

Read the statement.

  Have each group present the facts and 4.

  Facts often include numbers, the opinions it found. Review these as a measurements, or other class and evaluate them. things that can be proved.

  Ask yourself, “Can this statement be proved or If not, the statement disproved?” That is, “Can is an opinion. we find evidence to show whether it is a true state- ment or a false one?”

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

CHAPTER 7 Reading and Skills Resources Reading Support Vocabulary Support Student Edition on Audio CD Program Vocabulary Activities Spanish Audio Summaries Standardized Test Practice Handbook Guided Reading Strategies Reading Support Teacher’s One-Stop Planner OSP 178 CHAPTER

  7

KEY TERMS

  Success in school is related to knowing academic vocabulary—the words that are frequently used in school assignments and discussions. In this chapter you will learn the following academic words: affect (p. 183) authority

  (p. 186)

  courts of appeals (p. 187) appellate jurisdiction

  (p. 187)

  justices (p. 188)

  Section 3

  judicial review (p. 189) remand (p. 190) opinion

  (p. 190)

  concurring opinion (p. 190) dissenting opinion

  (p. 191) Academic Vocabulary

  (p. 185)

  (p.186)

  explicitly (p. 190)

  Using Key Terms Have students read the defi nitions of the key terms for this chapter aloud. Then instruct students to choose ten terms from the list and write them on cards.

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

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

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

  Answers 1. Fact; it can be proved.

  2. Fact; it can be proved.

  3. Opinion; it cannot be proved or disproved.

  4. Opinion; it cannot be proved or disproved.

  179

  original jurisdiction

  THE JUDICIAL BRANCH Identify each of the following statements as a fact or an opinion, and then explain your choice.

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

  closely at statements about the judicial branch. Are they facts or opinions?

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

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

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

  The Power of Judicial Review

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

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

  From Chapter 7, p.190

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

  As you read Chapter 7, look

  You Try It!

  Section 2

  CHAPTER 7 Section 1

  crime

  (p. 181)

  criminal law (p. 181) civil law

  (p. 181)

  common law (p. 182) precedent

  (p. 183)

  constitutional law

  (p. 183)

  appeal (p. 183)

  jurisdiction (p. 185) district courts Equal Justice under the Law Why It Matters Read with students John Rawls’s A

  TAKING

  As you read, take

  BEFORE YOU READ NOTES

  notes on equal

  Theory of Justice in From the Source:

  justice under the law. Use a

  The Main Idea Reading Focus Key Terms Readings in Economics and Govern-

  chart like this one to record

  ment. Have students identify Rawls’s The rights of all U.S. citizens

  1. In what ways is the United

  crime, p. 181 your notes. are protected by laws and States a nation of laws? criminal law, p. 181

  ideas of justice, why justice is impor- the courts.

  2. What are the four sources Type of Law Sources Courts

  civil law, p. 181

  tant, and the government’s role in estab-

  of law in the United States? common law, p. 182

  

3.

lishing justice. (Possible answer: Rawl What roles do the courts

  precedent, p. 183 play in the United States?

  believes that justice establishes individ-

  constitutional law, p. 183 appeal, p. 183

  uals’ equal rights and duties and is an essential idea behind today’s societies and governments.) Then ask students to describe their own ideas about justice,

  Carved in marble over the entrance

  A Nation of Laws its importance, and the government’s

  of the Supreme Court building in role in establishing it.

  Every society needs rules. Without rules, Washington, D.C., is the motto

  From the Source: Readings in

  people might feel like they could do any- “Equal Justice under Law.” What

  Economics and Government: Reading thing to anybody anytime they wanted.

  does this motto mean to you? It means that you

70: A Theory of Justice That is one reason why societies have laws.

  and all other citizens are considered equal and are Laws are society’s rules. Laws promote the protected by the rule of law. Laws defi ne individual

  Academic Vocabulary

  common good. Laws protect you. Laws, rights and freedoms. But where does your freedom such as traffi c laws and laws against rape end and another person’s freedom begin? The judicial

  Review with students the high-use academic

  and murder, are aimed at protecting your branch of the government—the court system—helps

  term in this section.

  personal and physical safety. fi nd the answer.

  affect to change or infl uence (p. 183) A criminal trial.

  Key Terms The judge ensures that the law and

  Preteach the following terms: proper court proce- crime any behavior that is illegal because dures are followed during the trial. society, through its government, considers the behavior harmful to society (p. 181) criminal law group of laws that defi ne what acts are crimes (p. 181) The car is being used as evidence in civil law group of laws that refer to dis- the trial. putes between people (p. 181) common law type of law that comes from judges’ decisions (p. 182)

  The jury hears the case and decides the precedent earlier decision (p. 183) guilt or innocence of constitutional law type of law based on the defendant. the U.S. Constitution and on Supreme Court decisions interpreting the Constitution (p. 183)

  180

  CHAPTER 7 appeal process of asking for a review of the court’s decision (p. 183)

  At Level Teach the Main Idea

  Taking Notes Equal Justice under the Law Type of Law Sources Courts Criminal law Statutory law Use laws to Teach

  1. Ask students the Reading Focus Explain to the class that the word liberty settle disputes questions to teach this section. comes from the Latin word for “free.” Then

  Civil law Common law Decisions lead a class discussion on how the ways the

  Apply

  2. As students read the section, have in lower

  U.S. government ensures justice is related to courts can be them take notes on how the U.S. government appealed in Americans’ freedom. helps guarantee justice. higher courts

  Practice/Homework

  4. Have students write Review

  3. To review the section’s main Administrative a brief essay on the relationship between law ideas, have students recite together the justice and freedom in the United States.

  Constitutional last six words of the Pledge of Allegiance: law

  “with liberty and justice for all.”

HISTORIC DOCUMENT

  Answers Analyzing Primary Sources Possible answer: so everyone would know the laws and would not be able to dispute them.

  223.

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

  A NALYZING P RIMARY S OURCES ^ANALYSIS SKILL Reading Focus

  In what ways is the United States a nation of laws? A Nation of Laws Identify

  What are the two basic categories of laws? criminal law and civil law Explain

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

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

  Reading Check Possible answer: They protect people’s ability to express

  Differentiating Instruction

  Learners Having Diffi culty Describe Different Kinds of Law

  1. Create a chart on the board with the following four columns: Statutory Law, Common Law, Administrative Law, and Constitutional Law.

  Have students copy the chart onto a sheet of paper.

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

  3. Remind students that they can refer back to their charts to recall the different kinds of U.S. law. Visual/Spatial, Verbal/Linguistic

  Alternative Assessment Handbook: Rubric 13: Graphic Organizers Info to Know Jury Selection The Jury Selection and Service Act of 1968 recommends that juries be chosen from the list of registered voters. Most states use their voter lists as a source for jurors.

  Because of varying voter registration rates, however, this list may not meet the requirement that forbids discrimina- tion in jury selection based on race, color, religion, sex, national origin, or economic status. Other lists that states use to select jurors include drivers’ license records, tax rolls, welfare rolls, telephone books, and records of utility company subscribers.

  Below Level

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

  222.

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

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

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

  199.

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

  198.

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

  197.

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

  221.

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

  

Why was it important that Hammurabi’s code

was written down? 196.

  do laws protect freedom?

   Finding the Main Idea How

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

  Civil Law The other basic category of laws is civil law. Civil law Civil law

  Criminal laws are intended to protect society as a whole. For example, laws against assault, murder, and rape help protect you and other people from being harmed. Laws against stealing help protect your property and other people’s property as well. You might think that a crime against another per- son does not affect you, but that is not true. If someone who breaks into your neighbor’s house and steals something is not caught and punished, the criminal may steal again. The criminal might even break into your house next. And if criminals are not caught and punished, people may begin to think that it is okay to steal.

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

  Criminal Law

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

READING CHECK

  181

THE JUDICIAL BRANCH

  Differentiating Instruction Using Examples

  Serving on a Jury American Civil Liberties

  Standard English Mastery At Level Arkansas Curriculum Framework Civics for Core Curriculum Grades 9-12 C.2.CCC.1; G.3.CCC.3; L.9.CCC.1; L.9.CCC.3; PPE.12.CCC.1; USC.5.CCC.1 Section Correlations

  Alternative Assessment Handbook: Rubric 33: Skits and Reader’s Theater 182 Reading Focus

  4. Have groups present their segments to the class. Make sure each group member plays a role in the broadcast. Verbal/Linguistic

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

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

  Tell students to imagine that they are correspondents for a court television network.

  English-Language Learners Report on the Court 1. Organize students into small groups.

  2. Possible answer: Being left out of jury duty could mean they are not being treated as full citizens. It might also prevent their point of view from being considered in trials.

  Answers American Civil Liberties 1. Possible answer: It could result in a jury that is unfairly biased against the defendant.

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

  How are common law and constitutional law similar? Both depend on the courts and judges’ decisions.

  What are the four sources of law in the United States? Sources of Law Compare

  they were not called for jury duty because of their gender, race, or ethnicity?

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

  2. Why would it matter to citizens if

  selection affect a defendant in a criminal case?

  1. How could discrimination in jury

  probably receive a letter calling you to jury service. Performing this civic duty might be your only involvement with the judicial system—but it is a duty that carries great responsibility. In a criminal case, the jury decides if the defendant is guilty of the crime charged by the government. In a civil case, the jury decides if the defen- dant is liable, or responsible, for the damages named in the case, and if so, how much money to award. As stated by the Sixth Amendment, the parties in a case are entitled to a jury selected from a fair cross-section of the community. Lawyers cannot exclude potential jurors on the basis of their gender or identifiable racial or ethnic group. There have been many cases that were appealed because of alleged discrimination during jury selection.

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

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

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

  Common Law

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

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

  Statutory Law