Judicial System & The Judicial Branch

http://www.youtube.com/watch?v=BvA0J_2ZpIQ&feature=related Do Now- On a sheet of paper. Write in complete sentences: 1. What does “all men are created equal” mean to you? 2. What does it mean as an assumption? 3. What does it mean as a goal for the US?

The Judicial System Basics The job of the American Judicial system: is to settle disputes between citizens and citizens Between citizens and their government. There are two types of Judicial Systems Adversary Inquisitorial

Adversary System We have an adversary system A judge plays a passive role as attorneys compete to present their side’s interest

Inquisitorial System Other countries have an inquisitorial system Judges play an active role in questioning witnesses and seek to discover the truth

Which do you think sounds like the fairest system? Discuss: Which do you think sounds like the fairest system?

The Judicial System Basics We have a dual court system Just as other branches of the government share power between states and the national government, so does the judicial branch

State or Federal Courts State Courts Federal Courts State or Federal Courts Crimes under state legislation. State constitutional issues and cases involving state laws or regulations. Family law issues. Real property issues. Most private contract disputes (except those resolved under bankruptcy law). Most issues involving the regulation of trades and professions. Most professional malpractice issues. Most issues involving the internal governance of business associations such as partnerships and corporations. Most personal injury lawsuits. Most workers' injury claims. Probate and inheritance matters. Most traffic violations and registration of motor vehicles. Crimes under statuses enacted by congress. Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights) Matters involving interstate and international commerce, including airline and railroad regulation. Cases involving securities and commodities regulation, including takeover of publicly held corporations. Admiralty cases. International trade law matters. Patent, copyright, and other intellectual property issues. Cases involving rights under treaties, foreign states, and foreign nationals. State law disputes when "diversity of citizenship" exists. Bankruptcy matters. Disputes between states. Habeas corpus actions. Traffic violations and other misdemeanors occurring on certain federal property. Crimes punishable under both federal and state law. Federal constitutional issues. Certain civil rights claims. "Class action" cases. Environmental regulations. Certain disputes involving federal law.

Three types of Courts Trial Courts- general courts which see a range of cases and deliver a verdict (ruling) US district courts, Indiana Circuit Courts (county) Appellate courts- courts charged with reviewing the validity of trial court verdicts US Courts of Appeals, Indiana Court of Appeals Courts of last resort- Courts that have the final say on determining the validity of verdicts US Supreme Court, Indiana Supreme Court

Two types of legal cases Criminal prosecutions Civil lawsuits

Criminal Prosecutions Criminal prosecutions- legal processes in which the government seeks to prove that an individual is guilty of a crime and deserving of punishment for it

Civil Lawsuits Civil lawsuits- legal actions filed by individuals, corporations, or governments seeking remedies from private parties for contract violations, personal injuries, or other noncriminal matters.

Discuss at your tables: If your neighbor’s dog attacks your cat what type of trial is that?

What is Due Process? Due Process- The government must follow known and established procedures and may not act arbitrarily or unpredictably in negatively altering or destroying life, liberty, or property.

Two types of Due Process Procedural Substantive

Procedural Procedural- requires government officials to act in certain ways before they regulate or take live, liberty, or property. a fair trial, an appeal, notice, presenting evidence

Substantive Substantive- protects some fundamental rights from ever being taken away unless the government has a “compelling” or exceedingly important reason to interfere with them Free speech, right to associate, religious freedom

Discuss with your table If you are arrested and you are questioned even after you have requested an attorney, were your substantive or procedural due process rights violated?

U.S. Federal Judges US judges have three important structural elements Judges interpret the constitution and statutes ex- cruel and unusual punishment, what is it? Judges decide Judicial Review Judges determine if the government’s actions are constitutional Judges have protected tenure (time in office) Judges are given life terms if they maintain “good behavior” Can be impeached, just like the President or executive officials There are 9 current justices: 6 men, 3 women

Ideology Activism- The judicial philosophy that posits that the Court should see beyond the text of the Constitution or a statute to consider broader societal implications for its decisions. Restraint- the judicial philosophy whereby its adherents refuse to go beyond the text of the Constitution in interpreting its meaning. http://www.youtube.com/watch?v=FrFj7JAyutg

How are judges appointed? Appointed by the president 1. Senatorial courtesy- the informal practice of only appointing a federal judge if their home state senators will support the appointee. 2. Formally nominated 3. Senate Judiciary Committee considers the nominee 4. Confirmed by a majority vote of the whole senate

How does a case get to the Supreme Court? Original Jurisdiction 1. cases between the US and a states 2. cases between two or more states 3. cases involving foreign ambassadors or other ministers 4. cases brought by one state against citizens of another state or against a foreign country Writ of Certiorari- A formal request by an appellant to have Supreme Court review a decision of a lower court (means “to make more certain” in Latin) Most cases the Supreme Court sees are cert cases. Cases can come from Federal Courts of Appeals and State Supreme Courts

Supreme Court Cases- Process Solicitor General controls the flow of cases to the Court Cert Issued- By the “rule of 4” Four justices have to agree to hear the case Attorneys prepare Briefs (others prepare Amicus Curiae Briefs- interest groups issue “friend of the court” briefs to influence the decision) Oral Arguments- 30 minutes each side to plead their case to the justices Conference – Justices talk about case Opinion-the written explanation of the Supreme Court’s decision in a particular case. (majority and minority) Usually takes 2-3 months for decisions to be released