Unit 6: The Federal Court System and Supreme Court Decision-Making

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Presentation transcript:

Unit 6: The Federal Court System and Supreme Court Decision-Making Principles of the American Legal System

Principles of the American Legal System: Main Idea: Introduction to Principles of the American Legal System Notes: There are 4 basic principles that our federal and state courts operate within: Equal Justice Under the Law Due Process of Law The Adversary System Presumption of Innocence

Principles of the American Legal System: Main Idea: Equal Justice Under the Law Notes: It is the goal of the American legal system to treat all persons the same. Constitutional Amendments 5-8 help to ensure that all people are treated equally.

Principles of the American Legal System: Main Idea: Equal Justice Under the Law (cont’d.) Notes: 5th Amendment: Habeas Corpus, due process, double jeopardy, remain silent. 6th Amendment: Fair & speedy trial, jury of peers, face accusers, etc. 7th Amendment: Trial by jury in federal courts. 8th Amendment: No excessive bail or cruel and unusual punishment.

Principles of the American Legal System: Main Idea: Due Process of Law Notes: Due Process of the Law has 2 aspects that require attention by our justice system: Substantive Due Process Procedural Due Process

Principles of the American Legal System: Main Idea: Due Process of Law (cont’d.) Notes: Substantive Due Process refers to rights that are specified in the Constitution (EX. Free speech), and some that are not (EX. Rights to privacy in making personal decisions)

Principles of the American Legal System: Main Idea: Due Process of Law (cont’d.) Notes: Procedural Due Process refers to HOW the law is administered. This involves informing a person of charges against them, and allowing them to respond to those charges.

Principles of the American Legal System: Main Idea: The Adversary System Notes: The adversary system refers to the courtroom as a battleground for attorneys. Lawyers are expect to do everything that is legally allowed to win for their clients—sometimes focusing more on winning, than obtaining justice. Judges serve as referees.

Principles of the American Legal System: Main Idea: Presumption of Innocence Notes: In the American legal system, all accused persons are presumed innocent, until proven to be guilty. This puts the burden of proof rests the government (the prosecution).