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Branches of Government Guided Notes

SS.7.C.3.8 Analyze the structure, functions, and processes of the legislative, executive, and judicial
branches.
SS.7.C.3.9Illustrate the law making process at the local, state, and federal levels.

Key Vocabulary
Congressional
Committee

Constituents
Court Order
Governor
Jurisdiction
Mayor
President pro
tempore of the
Senate

A congressional committee is a legislative sub-organization in

the United States Congress that handles a specific duty (rather
than the general duties of Congress). Committee membership
enables members to develop specialized knowledge of the
matters under their jurisdiction.
people public officials are elected to represent
a formal statement from a court that orders someone to do or
stop doing something
Head executive of a state
the right and power for courts to hear a case, interpret and apply
the law
Head of a city or a town
the person who presides over the Senate when the Vice President
is not present

Speaker of the
House

an office identified in Article I, Section 2 of the U.S. Constitution;

the leader of the U.S. House of Representatives, usually the
highest ranking member of the majority party

State Legislator

a member of the Florida House of Representatives (state

representative) or Florida Senate (state senator)

Summary
Judgement

a judgment decided by a trial court without that case going to

trial; a summary judgment is an attempt to stop a case from going
to trial

Writ of Certiorari

the procedure to see if the U.S. Supreme Court will hear a case; a
writ of certiorari is issued when a higher level court agrees to
hear an appeal of an inferior courts decision

Legislative Branch
Role of the Legislative branch: Make laws
What article of the Constitution outlines the Legislative branch? Article I

Congress

Chamber
(House)
Who is in
charge

House of Representatives

Senate

Speaker of the House

Vice President, President pro tempore

Qualifications
Size
(What is it
based on)
Who they
Represent
Length of Term
Special Duties
Role in
Lawmaking

25 years old, U.S. citizen for 7 years,

live in the state you represent.
435, based on population

30 years old, U.S. citizen for 9 years,

live in the state you represent.
100, equal representation

Interests of the citizens who live in

their district.
Serve 2 year terms

Interests of the citizens of the entire

state
Serve 6 year terms

All bills that raise money must start

in the house
A bill must be approved by BOTH
house of
become a law

Acts as a court during impeachments

Congress before it can go to the
President to

1) What is a bill?
An idea for a law
2) Explain how a bill becomes a law:
Step One: The bill if proposed/created
Step Two: Congress research and then discuss the bill (Goes to Committee)
Step Three: House of Representatives and Senate (Congress) vote on the revised
bill.
Step Four: President signs, vetoes, or ignores the bill (pocket veto)
3) How can Congress over turn a veto?

Congress can override the veto with a two-thirds vote of each house
4) Who makes laws at the local, state, and federal level? What type or form of law can each level
pass?
Local: city commissioners, city council member, county commissioners, mayors.
These local government officials pass ordinances that govern the people who
live in villages, towns, cities and counties. Ordinance - a law enacted by a city
or county affecting local affairs such as traffic, noise, and animal control
State: State House of Representatives & State Senators which are called State
Legislators.
State legislators work to create state laws, called statutes, which govern the
people who live in the state.
Federal: U.S. Representatives (House of Representatives/ based on population)
and U.S. Senators (two per state) which makes up Congress.
Congress enacts federal laws, called acts, which govern the people of the
entire nation.
5) What level of government can pass ordinances, statues, and acts? Explain each type of law.

Ordinances: a law enacted by a city or county affecting local affairs such as

traffic, noise, and animal control.
Statutes: a law enacted at the state level.

Acts: legislation which has passed both houses of Congress in identical form,
been signed into law by the president, or passed over his veto, therefore
becoming law.
Executive Branch
Role of the Executive branch: Enforce Laws
What article of the Constitution outlines the Executive branch? Article II
Who is in
charge
Term
Qualifications
Powers
Presidential
Appointments
Means of
removal

The President
4 years
Natural born citizen, 35 years old, lived in the U.S. for 14 years
Commander in chief of the Army and Navy,
Ambassadors, public officials, Supreme Court Judges, heads of departments
(cabinet)
Impeachment

1) The President has the power to issue executive orders which are: orders that comes

from the U.S. President or a government agency and must be obeyed like a
law.
Example of an executive order:
F. Roosevelts forced internment of U.S. citizens of Japanese descent during

World War II
2) The President also has the power to appoint someone to office which means: he has the

power to nominate (choose) people to serve in different government

positions.
3) Presidential Appointments include his Cabinet. What is the Cabinet?

People appointed by the president to head executive departments of

government and act as official advisers to the president
SS.7.C.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels.

Judicial Branch
Role of the Judicial branch: Interpret Laws
What article of the Constitution outlines the Judicial branch? Article III
State Court System

6) What is the order of Floridas courts from the lowest to highest authority?

County Court

Circuit Court

District Courts

Florida Supreme
Court

7) Explain the cases each court level hears.

a. County Court: Handles misdemeanors or less serious crimes. Examples: traffic
violations, disturbing the peace, civil cases involving sums of money less
than $1,000.
b. Circuit Courts: Handles more serious crimes like felonies and civil cases
involving large amounts of money (more than $1,000). Examples: murder,
armed robbery, drug trafficking, etc.
c. District Court of Appeals: reviews decisions made by trial courts. Panel of
judges decide by a majority vote; no jury.
d. Florida Supreme Court: highest court in the state. It is responsible for
reviewing the decisions of appellate courts and to supervise all Florida
courts. Also responsible for interpreting the Florida Constitution.
Federal Court System
Complete the diagram to show the level of federal courts, from lowest to highest:
District Courts

Court of Appeals

U.S. Supreme Court

8) If someone is found guilty in the court of law what are their options?

Serve the time or appeal their case.

9) Explain the Appellate Process.

Appeals courts have appellate jurisdiction, which means that they can review the rulings

and decisions from lower courts if the people or groups involved believe the
court acted unfairly.
Appeals courts do not hold trials; instead they hear oral arguments made by two sides

the petitioner (the person who disagrees with the previous ruling) and the
respondent (the person who agrees with the previous ruling).
Once an appeals court hears the oral arguments, the judges may do one of three things:
Option 1:
Option 2:
Option 3:
Uphold original decisions
reverse that decision (find in
return the case to the
favor of the petitioner)
lower court

The appeals court decision is final unless it is appealed to the U.S. Supreme Court.
Appeals judges do not decide guilt or innocence, they decide if the petitioners rights
have been protected and whether or not they received a fair trial.
10)

What are the requirements for an appeal?

The lower court judge applied the law

incorrectly

The lower court judge used the wrong

procedures

New evidence turns up

Someones rights were violated.

11)

Explain the significance of the role of juries in the American Legal system.

As a juror, one is expected to listen to the facts of the case and review the evidence
as presented. From there, one is expected to deliberate (discuss the case) with fellow
jurors to determine the verdict. The U.S. Constitution protects the right of every citizen to
have a trial by jury in criminal cases.
SS.7.C.3.10 Identify sources and types (civil, criminal, constitutional, military) of law.

Types of Laws

1) Define the terms:

Include what level of government does is apply to:

Statue

Can be laws passed by the state or federal government that apply to

everyone.
Include what level of government does is apply to:

Ordinance

Laws passed by the local government

Include who creates them:

Regulation

Rules that an agency within the executive branch makes

Include who creates them:

Precedent

Once the Supreme Court has decided how the law should be
interpreted, that interpretation must be followed in the future. It is a
decision that people can point to and say, Here is how you handled
this situation before. In this way, the courts interpretation acts as a
law.
Include what type of law it applies to:

Felony

Serious crimes that normally have a punishment of more than a year

in jail. (Criminal Law)
Include what type of law it applies to:

Misdemea
nor

Less serious crimes where the penalty is usually less than a year in
jail or even just a fine. (Criminal Law)
Include what type of law it applies to:

Defendant

Someone who is charged with a criminal or accused of other

wrongdoing (Civil and Criminal Law)
Include what type of law it applies to:

Plaintif

Someone who files a lawsuit against someone else in a civil court

(Civil Law)

2) Complete the chart to explain the types of laws:

Type of Law
Definition
Law that focuses on interpreting the U.S.
Constitution.
Constitutional
Constitutional law deals with the structure
Law
and meaning of constitutions.
Constitutional cases decides the limits of
the governments power and the rights of
individuals.

Criminal Law

Law that deals with crimes and the

punishments for those crimes. Can be a
misdemeanor (minor) or a felony (serious)

Example
Protections in the Bill
of Rights

Murder
Kidnap
Robbery

Civil Law

Military Law

Law that deals with relationships between

people (rather than relationships between
people and the
government)

Laws that apply only to people in the

military. Based on the Uniform Code of
Military Justice (UCMJ)

Laws that deals with people who are under

the age of 18
Juvenile Law

Disputes between
groups
Adoption
Civil laws involve a
wide range of subjects
such as property,
divorce, contracts,
wills, personal injury,
bankruptcy,
employment,
agriculture, adoption,
and taxes.
Laws against leaving
the military without
permission, showing
disrespect to a
superior officer, and
failing to obey an
order.
Curfew laws or laws
about school
attendance. Other laws
have been passed in
order to protect
children from abuse.
Most states have laws
that describe what
happens when an
abused child is
removed from his or
her home. There are
also laws about
adoption, foster care,
and special health and
education programs
for children.