Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S.

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Presentation transcript:

Judicial System

State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S. Supreme Court Court System at least 1 per countyat least 1 per state CA has 4

Federal Judges selected by President confirmed by the Senate lifetime tenure a lawyer, usually with political experience

State Judges usually elected, in CA 6 to 12 year terms but usually begin career by being appointed by the governor, and then run with little opposition are political activists

Legal System British-American case law, not code law precedent and stare decisis Marbury v. Madison and “judicial review” courts judge the constitutionality of all government actions

Limits on Judicial Power Judges have to wait for a case to come to them legislature can revise laws Limited power of enforcement

Some key legal terms civil and criminal suing for a damage, versus government punishing with a fine or imprisonment misdemeanor and felony a crime punishable by one year or less imprisonment versus more

Recent trends in the USSC Warren Ct ( ) “heroic” period of the liberal “activist” court desegregation, privacy, free speech, rights of the accused Berger Ct ( ) narrowing some landmark liberal decisions, but extending others Rehnquist Ct ( ) holding off a major change in direction--but often by only one vote Roberts Ct (2006- ) ??

Present US Supreme Ct Samuel Alito John Roberts Stephen Breyer Ruth Bader Ginsberg Clarence Thomas David Souter Anthony Kennedy Antonin Scalia John Paul Stevens One woman, one black, two Jews, five Catholics, seven Republicans

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