Justice The Supreme Court is only one part of a justice system that includes courts (federal, state, and local), prosecutors and investigators at each level, prisons and jails, and probation and parole systems. To most Americans, the police and courts represent the forces of law and order.

LAW The set of rules and standards by which society governs itself….What functions do laws serve??? Resolve conflict Protect rights Limit government Promote the general welfare Set social goals Control crime Laws affect nearly everything we do…can anyone think of something that is not in some way controlled or regulated by law?

Types of Law Civil cases involve the relations between individuals or organizations. They includes divorces and antitrust and damage suits. A crime has not been committed. Trespessassing, Contracts, some type of negligence. Criminal Cases involve crimes committed against public order as defined by federal, state, or local statutes. –Defendants are presumed innocent…trial to determine if guilty Constitutional –Based on process and procedure created by the constitution Statutory –Most trials are based on this –Created by legislatures (either state or federal) –Ordinances are statutes passed by city councils Common –Originated in England…the body of law constructed over time…based on prior decisions or “precedent”

Stare Decisis: principle stating “let the decision stand” - a ruling with the earlier case that set precedent

Jurisdiction- The Authority to Hear and decide a Case What court will hear a case depends on the subject matter and the parties involved. - Incidents involving state laws > state trial court -Incidents involving federal laws > district court pg. 306 Types of Jurisdiction: Original – first court to hear the case, trial court Appellate – court hearing an appealed decision Concurrent – both federal & state courts can hear case

The American Court System Dual system of courts: 1.Federal Supreme Court at the top - reviews cases involving federal or constitutional issues, typically after all remedies in state courts have been exhausted - 2. State Deal with state laws Most cases heard in state/local courts (98%)

The State Court System State/local courts handle more cases than the federal system Quality and structure of the courts varies from state to state, but there are common layers. –Magistrates' courts, presided over by justices of the peace, handle misdemeanors like speeding. –Municipal courts handle civil and lesser criminal cases. –County courts handle major civil cases and criminal felonies. –Special jurisdiction courts include family courts, juvenile courts, and probate courts. –Intermediate courts of appeal handle cases on appeal from county and municipal courts. –Courts of appeals, often called state supreme courts, are the final state tribunals.

The Federal Courts The bulk of cases are handled in the "inferior" courts below the Supreme Court –Circuit courts or courts of appeal –Nation is divided geographically into 12 circuits, each with a court of appeals –94 district or federal trial courts, each state having at least one

District Courts have original jurisdiction. If the verdict is contested it can be appealed at an appellate (appeals) court. This is radically different from a court room trial, appellate judges are limited in what they can review. Size varies by circuit

Supreme Court Interprets the Constitution…. Determines whether or not existing laws/statutes are constitutional. Judicial Review – Supreme Courts’ authority to review acts of Congress & declare laws unconstitutional Marbury v. Madison, 1803 (see later Judicial Review slide for case explanation) "The Constitution is what the judges say it is.“ Justice Charles Evans Hughes How is it that nine unelected people in a democracy can do this? Is this a good idea?

Checks & Balances Is the Judicial Branch the most powerful of the three? Congress can amend Constitution to get around court decisions. Congress can pass new legislation. Congress can impeach justices. Congress controls jurisdiction of federal court system & can create special courts Congress controls size of Supreme Court President selects federal justices with Senate approval

The Supreme Court How do cases reach the Supreme Court? Most cases never get to the Court. Original jurisdiction in cases involving foreign parties or one of the states. Final court of appeals for state & federal cases Writ of certiorari petitions: application for court to hear case Rule of Four – 4 of 9 justices needed to grant "cert” or agree to review a case (most cases reach this way) (Between 90-95% of applications denied meaning lower court’s decision stands) Certificate – lower court asking for High court’s help with a procedure or rule of law in a case

The Supreme Court in Action Opinions: Majority – the court ruling, simple majority decides Dissenting – justices write-up on why they do not agree with the majority opinion Concurring – justices write-up on why they agree with decision but for different reasons then the majority opinion

2010 Supreme Court Name these US Supreme Court Justices Sotomayer Thomas ScaliaRoberts Kennedy Breyer Ginsburg Alito Kagan replaced

Do your rights change once you pass through the doors of East Ridge High School? The case of TLO v. the State of New Jersey: –A student was observed leaving a restroom that smelled of cigarette smoke –An assistant principal searched the purse of that student who was suspected of smoking in that restroom –Found cigarettes AND marijuana –TLO was suspended and prosecuted The following slides explain both the State of New Jersey’s and TLO’s arguments

Should School Officials Have the Right to Search Your Property? Arguments for New Jersey 1.School officials act for the parents of students. Like parents, they do not need a warrant to make searches or seize evidence. 2.School officials must have broad powers to control student conduct, including the powers of search & seizure. 3.T.L.O.’s behavior furnished a reasonable basis for the search of her purse; therefore, the exclusionary rule does not apply.

Should School Officials Have the Right to Search Your Property? Arguments for T.L.O. 1.Public school officials are employees of the State, not representatives of parents; they have no right to act as parents. 2.School officials are public employees and so are obligated to respect every student’s rights, including his/her right to privacy. 3.The search of T.L.O.’s purse and the seizure of its contents were unreasonable acts, and they led to her confession; therefore, the exclusionary rule should apply.

Justice Rulings & Philosophy Judicial Activism v. Judicial Restraint Activism Should justices make bold policy decisions? Should justices be able to play an active role in political questions to correct injustice? (Legislate from the bench) -Or- Restraint Should justices rule strictly on constitutionality of issues & defer policy decisions to Congress?

What article of the Constitution deals with the Judicial Branch? A Article 1 C Article III B Article II D Article IV

Article III The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges….shall hold their Offices during good Behaviour…. Which Article in the Constitution deals with the Judicial Branch?

How long is a Supreme Court Justice’s term? A life C 20 years B 10 years D Its up to the president

Justice Selection & Term President appoints justices and Senate confirms appointment John Roberts Confirmation The FBI and Justice Department do background checks and the American Bar Association (ABA) files a report. Life term or good behavior –Justices may be impeached by House of Representatives & trial is held in the Senate