Chapter 15: Courts, Judges and Laws

Vocabulary AFFIMRATIVE ACTION BEYOND A REASONABLE DOUBT BURDEN OF TERM DEFINITION AFFIMRATIVE ACTION the practice of making special efforts to admit, recruit, or hire members of disadvantaged groups BEYOND A REASONABLE DOUBT legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given BURDEN OF PROOF the obligation in a legal case to prove allegations by presenting strong supporting evidence CROSS- EXAMINATION the questioning of a witness in court by an attorney for the opposing side JUDICIAL ACTIVISM the principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals

Vocabulary Vocabulary TERM DEFINITION JUDICIAL RESTRAINT the principle that judicial review should be used sparingly, especially in dealing with controversial issues Ex.) “Judges are like umpires. Umpires don't make the rules, they apply them.” MILITARY TRIBUNAL a court in which officers from the armed forces serve as both judge and jury PLAINTIFF the person or party who brings a lawsuit, or legal action, against another party in a civil case PROSECUTION the attorneys representing the government and the people in a criminal case STARE DECISIS a legal doctrine requiring lower courts to honor rulings made by higher courts

Government working on behalf of society Criminal vs. Civil Law TYPE OF LAW WHAT IS IT? WHO INVOLVED? EVIDENCE NEEDED? PUNISHMENT OR COMPENSATION? CRIMINAL protect the welfare of society and to provide punishments Government working on behalf of society VS. Individuals To be convicted of a crime, a person must be found guilty beyond a reasonable doubt, usually by a jury  fines, prison sentences, capital sentences, probation, or similar penalties CIVIL govern conflicts between private parties or, occasionally, between a private party and the government Two private parties or the government Preponderance of Evidence: This means that the party must prove that it is more likely than not that the other party is at fault and should be held liable Typically financial compensation

Jurisdiction Jurisdiction= Authority to enforce laws ORIGINAL WHAT/WHERE DO HAVE JURISDICTION OVER? ORIGINAL Typically trial courts which have the authority to hear a case for the first time APPELLATE Have the ability to review lower courts decisions. They do not question the jury but make sure there were no errors of law. GENERAL Trial courts that can deal with most cases. LIMITED Trial courts that only specialize in certain cases. Ex.) Traffic Court, Bankruptcy Court

Courts TRIAL COURTS OF GENERAL JURISDICTION LIMITED JURISDICTION Serious crimes and civil disputes Superior, District, or Circuit Courts Jury LIMITED JURISDICTION Minor crimes justice-of-the-peace courts, magistrate courts, municipal courts, city courts, county courts, traffic courts, or small-claims courts Usually no jury INTERMEDIATE APPELLATE COURTS 3 judge panel hears general court appeals and make sure there are no errors of law COURTS OF LAST RESORT Usually the final court of appeal State Supreme Court In rare cases involving Constitutionality, cases may reach US Supreme Court

Judges ELECTION APPOINTMENT SELECTION & RETENTION SELECTION PROCESS DESCRIPTION ELECTION Oldest and most common form Forces campaigning which could lead to corruption Low voter turnout APPOINTMENT Depending on the state, governors and legislators can select judges Helps choose qualified judges Could lead to patronage SELECTION & RETENTION Selection= a list of judges based on merit is made allowing for governors to select from Retention= Voters approve or reject retaining a judge

Judicial Checks and Balances BRANCH CHECKS & BALANCES EXECUTIVE Can declare the following unconstitutional: Treaties Executive Orders Appointments LEGISLATIVE Can declare LAWS unconstitutional

11 US Court of Appeals 7th with IN and WI How Many Circuits Are There? QUESTION ANSWER How Many Circuits Are There? 11 Where Are We? 7th with IN and WI What Are They For? To hear appellate court cases= Individuals fighting previous decisions in lower court

Opinions of Justices MAJORITY DISSENTING CONCURRING OPINION WHAT DOES IT MEAN? MAJORITY One judge will write the and describe the majority opinion of the USSC Justices DISSENTING Justices who disagree with the majority opinion write their reasons for not supporting the majority opinion CONCURRING Justices that agree with the majority but for different reasons may write the reasons why they supported the majority decision

Judicial Interpretation EXPLANATION JUDICIAL ACTIVISM the principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals Liberal Want to use power of Judicial Review to overturn bad precedent RESTRAINT the principle that judicial review should be used sparingly, especially in dealing with controversial issues Conservative Want to use Judicial Review to establish precedent