Judicial Branch Chapters 11 & 12

2 overriding concepts to keep in mind about the judicial system: – 1. – 2.

State Court system: Federal Court system: Roles of the Court systems: – Resolve disputes – Set precedent – Interpret law Strict Constructionism Loose Constructionism

Organization of Federal Court System Step 1: Trial Courts – Original jurisdiction – Divided into regions/districts – Use juries Step 2: Courts of Appeals (Circuit Courts) – Appellate jurisdiction Look at only issues of law Determine cases by use of oral arguments & briefs – 13 District Courts – No juries – Each court typically has between 3-5 judges Step 3: Supreme Court – Appellate jurisdiction

Supreme Court 9 justices – 1 Chief Justice – Nominated by President/approved by Senate – Serve life term Current Chief Justice: John Roberts Purpose of S.C.: Constitutional arguments, appeals court, cases involving diplomats, cases btw states or states & federal gov’t

Process of S.C. case 1.Original trial & appeal process—must usually go through first 2 steps 2.Writ of certiorari (4 of 9 justices needed) 3.Briefs submitted 4.Amicus Curiae briefs submitted 5.30 minutes oral arguments 6.Conference/vote amongst justices 7.Decisions are announced and typed

Majority opinion Concurring opinion Dissenting opinion Stare Decisis

Major Supreme Court Cases GOES AGAINST CONCEPT OF “STARE DECISIS” Scott v. Sandford Plessy v. Ferguson Brown v. Board of Educ. (Topeka, KS)

Miller v. California (1973) – Miller Test Average person is “uneasy” with content Shows excretory or sexual conduct Lacks literary, artistic, political, or scientific value Schenck v. United States (1919) Texas v. Johnson (1989) New York Times v. Sullivan (1964) – Libel – Actual malice

Roe v. Wade (1973)—Norma McCorvey Griswold v. Connecticut (1965)—Estelle Griswold Lawrence v. Texas (2002)

Miranda v. Arizona (1966) – Ernesto Miranda arrested for rape – Police forced a confession – Miranda was unaware of right to remain silent & right to an attorney Gideon v. Wainwright (1963) – Clarence Gideon arrested for petty larceny in FL – Denied court-appointed lawyer – Created the “Public Defender” system

Types of Law Common Law Natural Law Constitutional Law Civil Law Criminal Law – Felony – Misdemeanor

Trial Process 1.Arrest/Miranda 2.Arraignment – Bond/bail is set – Notified of charges – Enter a plea (guilty, not guilty, no contest) 3.Indictment – Grand Jury 4.Jury selection – Voir dire – Peremptory Challenge

5. Trial – Opening statements – Prosecution’s case Subpoena – Defense’s case Jury nullification – Redirect – Closing arguments 6. Verdict – Sequester – Hung jury—mistrial – Plea bargain

7. Sentencing – Suspended sentence – Probation – Imprisonment 4 purposes of prison: – Capital punishment