Constitution Works

Constitutional

PROTECTED BY CONSTITUTION

Unconstitutional

NOT PROTECTED BY THE CONSTITUTION

Interpret

MAKE MEANING OF

Precedent

Past court decisions used as an example to present a case

Appeal

ASK A HIGHER COURT TO HEAR YOUR CASE

Uphold

KEEP WITH LOWER COURT DECISION

Petitioner

BRINGS THE CASE-LOST IN LOWER COURT Note that their name is listed first in the title of the case

Respondent

RESPONDS TO THE CASE-WON IN LOWER COURT Note that their name is listed second in the title of the case

Dissenting opinion

THE LOSING JUDICIAL OPINION

Overturn

FLIP THE DECISION OF THE LOWER COURT

Unanimous

EVERYONE AGREES

Incinerator

PLANT WHERE THEY BURN GARBAGE

Disorderly Conduct

IGNORING THE POLICE AND ACTING OUT

Federal District Court Who makes the decision?

The judge makes the decision, and the jury (if present) must reach a unanimous verdict.

What is unique about the Federal District Court compared to other courts?

It is the only court where witnesses testify.

What do lawyers do in the Federal District Court?

Lawyers ask questions and present evidence during the trial.

in a federal district court, witness has…

testimony only court with witness

Court of Appeals Which cases do they take?

Cases that are appealed from the Federal District Court.

Who makes the decision in the Court of Appeals?

A panel of 3 judges; a majority (2 out of 3) makes the decision.

What is being decided at the Court of Appeals?

Whether the law was applied correctly in the lower court; no new evidence is introduced.

What kind of arguments are used in the Court of Appeals?

Oral arguments and written briefs based on the Constitution, past Supreme Court decisions, and lower court rulings.

Are there witnesses in the Court of Appeals?

No, there are no witnesses or jury.

Supreme Court Which cases do they take?

Cases appealed from the Court of Appeals, usually involving constitutional issues.

Who makes the decision in the Supreme Court?

9 Justices; the majority opinion determines the outcome (at least 5 votes).

What is decided at the Supreme Court level?

Interpretation of the Constitution, federal laws, and the validity of previous court decisions.

What are arguments in the Supreme Court based on?

briefs and oral arguments - The Constitution, past Supreme Court decisions, federal laws, and lower court decisions.

Who is SpeakOut!?

A local branch of the national environmental organization

What is the name of the waste facility company? What do they process there?

UWI processes hazardous waste

What is the economic state of the town of Phillipsville

It was good, but the economy crashed after Hefty Steel closed its plant, and got better after UWI opened a new plant

Why did the federal government arrest the SpeakOut! protesters

The police asked them to leave and they didn’t, so they were charged with disorderly conduct

What evidence was used was used to justify limiting the rights of the protesters?

Even though the 1st amendment guarantees free speech, it is limited in dangerous situations, such as shouting fire in a crowded area with no fire.

Why were some people upset with the protesters?

They were causing an outrage and a scene

What was the outcome of the federal and U.S. court of appeals.

The government won