Judicial Branch Lesson Plan

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:
•
•
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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:
•
•
•
•
•
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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.)
•
•
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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