Unit:
Enduring Themes:
Time Frame (Fall):
Time Frame
(Spring):
Unit Resources
Curriculum Map
American Government
Unit 6 – Judicial Branch
Governance, Rule of Law, Distribution of Power
November 12 – November 20 (7 days)
April 25 – May 6 (10 days)
Unit 6 Content Map
Unit 6 Sample Test Questions Version 1
Unit 6 Sample Test Questions Version 2
Concept 1: Court System
Standard: SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary
SSCG16a Explain the jurisdiction of the Supreme Court, federal courts and state courts
Lesson EQ: How is the court system in the United States organized?
Know
Understand
Supreme Court
We have a dual court system with
Federal courts
both federal and state courts
State courts
(federalism).
Jurisdiction
Original jurisdiction
Federal courts deal with federal law
Appellate jurisdiction
and state courts deal with state laws.
U.S. District courts have original
jurisdiction. U.S. Courts of Appeals
have appellate jurisdiction.
Be Able To Do (DOK2)
Explain the structure of the court
system in the United States.
Explain how jurisdiction is determined
and how our dual court system works.
Explain the jurisdiction of the
Supreme Court, federal courts and
state courts.
Original jurisdiction means that a
court hears a case for the first time.
Appellate courts (U.S. Court of
Appeals and State Supreme Courts)
have appellate jurisdiction, meaning
they review decisions from lower
courts.
I Do (Teacher Point)
Judicial Branch Powerpoint
Judicial Branch Guided Notes
The Supreme Court has both original
and appellate jurisdiction.
We Do (Guided/Differentiated
Instruction)
Judicial Branch Outline
You Do (Independent Practice)
Organization of the Court System
TOTD
Concept 2: Judicial Review
Standard: SSCG16b. Examine how John Marshall established the Supreme Court as an independent, coequal
branch of government through his opinions in Marbury v. Madison
Lesson EQ: How did Marbury v. Madison establish judicial review?
Know
Understand
Judicial Review
Judicial Review is the power of
John Marshall
Supreme Court to declare an act of
Marbury v. Madison
Congress unconstitutional.
Chief Justice John Marshall established
judicial review in his opinions during
the Marbury v. Madison case (1803).
Marbury sued because Madison
(Thomas Jefferson’s Secretary of State)
did not deliver his commission for
justice of the peace when Jefferson took
office. Marshall determined in his
decision that the Supreme Court could
not issue a legal order concerning
Marbury’s commission, because a
portion of the Judiciary Act of 1789 that
would have given the Supreme Court
the power to do so, was actually
unconstitutional. Marshall decided that
the Judiciary Act of 1789 gave the
Supreme Court original jurisdiction
over cases like Marbury’s, however the
Constitution did not. Marshall’s opinion
that it was the job of the Supreme Court
to uphold the Constitution established
judicial review.
I Do (Teacher Point)
https://www.youtube.com/watch?v=YFFZY
Jzv8-I
Be Able To Do (DOK 3)
Examine the text of John
Marshall’s opinions in Marbury
v. Madison to explain how his
opinion established the
Supreme Court as an
independent, coequal branch of
government (judicial review).
Explain judicial review and how
Marbury v. Madison established
it.
John Marshall’s establishment of
judicial review made the Supreme Court
an independent, coequal branch of
government because it clearly
established the Court’s role in the
system of checks and balances.
Resources
We Do (Guided/Differentiated
You Do (Independent Practice)
Instruction)
Web Quest:
The Marshall Courts Marbury
http://law2.umkc.edu/faculty/projects/ft Case Analysis | Teacher Notes
rials/conlaw/judicialrev.htm
Concept 3: The Supreme Court
Standard: SSCG16c. Describe how the Supreme Court decides cases
Lesson EQ: How does the Supreme Court decide cases?
Know
Understand
Case Selection
The justices are able to choose the cases
Briefs
they hear that are appealed from the lower
Oral Arguments
courts. If 4 of the 9 justices agree to hear
Conference
the case it is put on the calendar.
Opinions
The attorneys from both sides write briefs,
 Majority
which are written statements with relevant
 Dissenting
facts about the case that outline the
 Concurring
argument for their side.
Be Able To Do (DOK 2)
Describe the process through which
the Supreme Court decides cases.
Oral Arguments occur at the actual hearing,
each attorney will receive a brief amount of
time to provide his/her argument and
answer questions from the justices.
After hearing the oral arguments, the
justices conference in a secret session and
each justice gives his/her opinion.
I Do (Teacher Point)
CSPAN Supreme Court Viewing
Guide
http://www.cspan.org/video/?2892291/supreme-court-home-americashighest-court-2009-edition
After the decision is made, the justices write
an opinion for the majority decision, the
dissenting (minority) decision and
sometimes a concurring opinion is written if
someone agrees with the majority, but for
different reasons than those listed in the
majority opinion.
Resources
We Do (Guided/Differentiated Instruction)
Web Quest:
http://law2.umkc.edu/faculty/projects/ftrials/
conlaw/supremecourtintro.html
You Do (Independent Practice)
How Supreme Court hears cases |
Teacher Notes
Concept 4: Judicial Activism and Judicial Restraint
Standard: SSCG16d. Compare the philosophies of judicial activism and judicial restraint.
Lesson EQ: How do the philosophies of judicial activism and judicial restraint impact how Supreme Court justices
decide cases?
Know
Understand
Be Able To Do (DOK 2)
Judicial Activism
Justices who are judicial activists
Compare the philosophies of judicial
Judicial Restraint
believe in a loose interpretation of the activism and judicial restraint.
Constitution, setting precedents, and
that the Court should play an active
role in determining policies.
I Do (Teacher Point)
The Judicial Branch Full PowerPoint
(Note: This PowerPoint expands
beyond the one in Concept 1 and
covers SCOTUS and Restraint vs.
Activism)
Justices who believe in judicial
restraint believe in a strict
interpretation of the Constitution,
that the Court should not seek to set
new precedents, and that the Court
should avoid political and social
questions.
Resources
We Do (Guided/Differentiated
Instruction)
SCOTUS Comparison Chart
You Do (Independent Practice)
Judicial Restraint vs. Judicial Activism
TOTD
Concept 5: Causes and Effects of Criminal Activity
Standard: SSCG21 The student will describe the causes and effects of criminal activity
a. examine the nature and causes of crimes
b. explain the effects criminal acts have on their intended victims
c. categorize different types of crimes
d. explain the different types of defenses used by perpetrators of crime
Lesson EQ: What are the causes and effects of criminal activity?
Know
Understand
Nature and Causes of Crimes
Some of the theories about the causes
Effects of crimes on victims
of crimes include human nature,
Misdemeanor
biological causes, psychological
Felony
causes, sociological causes, and
Capital Crimes
economic causes.
Defenses used by criminals
Some of the effects of criminal
behavior on victims of crimes include
emotional effects, trauma, physical
effects and inconvenience.
Be Able To Do (DOK )
Examine the nature and causes of
crimes.
Explain the effects criminal acts have
on their victims.
Categorize different types of crimes.
Explain the different types of defenses
used by perpetrators of a crime.
Categories of Crimes:
 Misdemeanors are crimes that
are less serious than felonies
and usually punishable by less
than 1 year of jail time.
 Felonies are more serious
crimes that are usually
punishable by more than 1
year jail time.
 Capital crimes are felonies
that are punishable by death.
Crimes can also be categorized by
whether they are personal (against a
person), property, attempted, or
statutory.
I Do (Teacher Point)
Criminal Activity (PPT)
Defenses used by criminals include
not guilty, guilty or guilty because of
self-defense, insanity, entrapment or
intoxication (in some states).
Resources
We Do (Guided/Differentiated
Instruction)
Crimes and Consequences Lesson
You Do (Independent Practice)
Causes and Effects of Criminal
Activity TOTD
Concept 6: Criminal Justice Process
Standard: SSCG22 The student will demonstrate knowledge of the criminal justice process
a. analyze the steps in the criminal justice process
b. explain an individual’s due process rights
c. describe the steps in a criminal trial or civil suit
d. examine the different types of sentences a convicted person can receive
Lesson EQ: How does the criminal justice process work in the United States?
Know
Understand
Steps in criminal justice process/trial
Criminal Justice Process: crime, arrest,
Due process rights
pre-trial, grand jury (if major crime),
Miranda rights
indictment, arraignment (possible
Sentencing
plea bargain), jury selection, trial, jury
deliberation, sentencing, (appeals,
incarceration, parole or serve full
sentence.
Due Process rights are protected by
the 5th and 14th amendments and
ensure that all citizens are treated
equally under the law and that the
government must use fair procedures
when they deprive a person of life,
liberty or property.
Be Able To Do (DOK 2 )
Analyze the steps in the criminal
justice process.
(According the DOE, the meet the
standard here students needed to
explain the steps in the process
(DOK2) and to exceed students needed
to identify the portions in the process
in which citizen’s rights and liberties
are affected and which amendments
are related (DOK4, according to
GADOE).
Explain an individual’s due process
rights
Describe the steps in a criminal trial
Miranda rights from (Miranda v.
Arizona) ensure that suspects are
made aware of their rights.
Examine the different types of
sentences a convicted person can
receive.
Possible sentences: Fines or
Restitution, Probation, Incarceration,
Death Penalty
I Do (Teacher Point)
Criminal Justice Process PowerPoint
(Note: This PowerPoint is just a brief
slide review of the process from the
larger Judicial Branch Notes from
Concept 1)
Resources
We Do (Guided/Differentiated
Instruction)
Boston Bomber Trial:
Teacher Directions
Steps in a Criminal Case
Boston Bomber Intro Video
Video 1
Video 2
Video 3
Video 4
Video 5
Video 6
Notice of Intent for Seeking Death P.
Tsarnaev Charges from U.S Dist. Ct.
You Do (Independent Practice)
Criminal Justice Process TOTD