THE JUDICIAL BRANCH COURTS, JUDGES, AND THE LAW

MAIN ROLE Conflict Resolution! With every law, comes potential conflict Role of judicial system is to resolve conflicts... Peacefully In accordance to law In a manner most parties will see as just, or fair

CRIMINAL VS. CIVIL LAW CRIMINALCIVIL NATURE Person has allegedly broken a law passed by a legislative body No law broken, but a dispute exists Property, injury, contracts, divorce, etc. DISPUTANTS State Prosecutor v. Defendant Plaintiff v. Defendant BURDEN OF PROOF “Beyond reasonable doubt” “Preponderance of evidence” SATISFACTION Guilty party fined, imprisoned, or placed on probation Party at fault, or liable, must pay the amount of damages in compensation

WHO’S WHO IN THE COURTROOM Judge Prosecutor v. Defendant **OR** Plaintiff v. Defendant Citizens Witnesses Jurors

THE JUDGE Acts like a “referee” for the trial Presides over trial Protects rights of those involved Makes sure rules of evidence are followed Determines facts of the case and renders a judgment (NON-JURY TRIALS ONLY) Instructs the jury Sentences convicted criminals

“TRIAL BY A JURY OF ONE’S PEERS” 6 th Amendment = Right to trial by jury 7 th Amendment = Right to trial by jury in civil cases at federal level Juries… Listen to testimony Consider evidence Decide facts 6-12 persons Federal criminal cases require 12 Require unanimous verdict in criminal cases

JURY DUTY Must be… A U.S. citizen At least 18 years old Able to speak and understand English A resident of the applicable state

JURY SELECTION Voir dire examination Potential jurors are questioned by both sides to determine which ones best fit their case Peremptory challenge Certain number of pre- determined potential jurors that can be dismissed w/o giving a reason Removal for cause Asking for a juror to be dismissed b/c he or she is “incapable of rendering a fair and impartial verdict” watch?v=9enPC37mHrM

“IF I WERE A PARTICIPANT IN A TRIAL, I WOULD WANT A JURY TO DECIDE MY FATE RATHER THAN A JUDGE.”

AMERICA’S DUEL COURT SYSTEM Original Jurisdiction

JURISDICTION IN STATE AND FEDERAL COURTS Cases Heard in State Courts Crimes punishable under state law Traffic violations Divorce & child custody disputes Most contract disputes Most personal injury lawsuits Cases Heard in Federal Courts Matters involving interstate & international commerce Disputes involving federal taxes or federal programs Patent & copyright issues Issues involving treaties and foreign countries Disputes between states Cases Heard in Both State & Federal Courts Crimes punishable under both state & federal laws Environmental regulations Certain civil rights claims Civil actions involving large groups of people seeking damages Issues involving the U.S. Constitution

STATE COURTS Hear cases that deal w/ state law as well as federal law IL state courts hear ~3,500,000 cases per year Courts often specialized to deal w/ specific legal issues Family, traffic, criminal, small claims, probate, etc. If state supreme court decision only involves states law, it can be appealed no further If it involves federal law, appeal to SCOTUS possible tssumm/2013_statistical_summary.pdf

FEDERAL COURTS Hear criminal & civil cases involving federal law Hear ~300,000 cases per year Federal trial courts called “U.S. District Courts” Federal appeals courts called “U.S. Circuit Courts of Appeal” 94 District Courts, 13 Circuit Courts Most federal appeals courts have 15 justices

APPELLATE COURTS Appeals courts have appellate jurisdiction Have the authority to review decisions made in lower courts DO NOT second-guess decisions made by lower courts Instead, focus on whether trial in lower court was carried out in a fair manner, with no errors of law Error of law: mistake made by judge in applying law to a case

APPELLATE COURTS One party presents arguments asking the court to review trial court decision One party presents arguments supporting trial court decision No new evidence, testimony is presented No juries Only judges & lawyers

ESTABLISHING PRECEDENT Appeals court decides case, issues written opinion Opinion sets a precedent for similar cases in the future All lower courts in the area MUST follow precedent set by higher court decision Courts in other parts of the country DO NOT have to follow precedent if not under same jurisdiction

APPEALS PROCESS Panel of 3-9 justices hear arguments Most appeals courts: 3 SCOTUS: 9 When justices disagree, two or more written opinions may be issued: Majority Opinion: Official decision of the court Dissenting Opinion: States reasons for disagreeing w/ majority opinion Concurring opinion: Agree w/ majority, but for different reasons Dissenting opinions are important! Reasoning may become basis for future opinions

JUDGES: ELECTED OR APPOINTED? Appointed by President, confirmed by Senate: Federal judges Supreme Court justices Elected by people: Illinois state judges

THE FEDERAL JUDICIARY sadfsad fsadfsad