Courts, Judges, and the Law TCI ch15
Notes Essential Question: How is the US judicial system organized to ensure justice?
Resolving Society’s Conflicts criminal law - to protect the welfare of society and provide punishments for those who fail to comply proven beyond a reasonable doubt civil law - conflicts between private parties (or occasionally private party vs. gov’t) burden of proof is less - preponderance of evidence
Players in a Court of Law defendant - accused (criminal or civil) prosecution - gov’t lawyer, represents the people plaintiff - accuser in civil trial
Role of Citizens witnesses - testify in court jurors - usually 12 people who make decisions in court
US Dual Court System two court systems - state and federal usually independent but can overlap
Jurisdiction original jurisdiction - authority to hear case for the first time appellate jurisdiction - (appeals) - review decisions by lower courts
State Courts vs. federal courts most cases are heard in state courts robberies, traffic violations, broken contracts, and family disputes, murders, assault federal cases Cases in which the United States is a party; Cases involving violations of the U.S. Constitution Cases b/n citizens of different states if the amount in controversy exceeds $75,000 Bankruptcy, copyright, patent, and maritime law cases, mail fraud, drugs into and across state lines
Choosing State Judges judicial election - pro: public input, debate - con: interferes with impartiality ($$ to run) judicial appointment - governor or state legislature appoints judges - pro: avoid poorly informed voters - con: may appoint supporters merit selection - committee nominates judges
Federal Judges Article III of Constitution gives their power cases of federal law or state vs. state 1. US District Courts (600) 2. US Appellate Courts (200) 3. Supreme Court (last appellate court) nominated by ___________; confirmed by _______________
Supreme Court President nominates and Senate approves only hears 100-150 cases each year writ of certiorari - Courts requests a case
Supreme Court Decisions uphold or overrule decision of lower court majority opinion - explain position of majority dissenting opinion - explains position of minority concurring opinion - agree with majority but for different reasons
The Supreme Court Justices
John G. Roberts Chief Justice Buffalo, NY 54 yrs. old George W. Bush
Elana Kagan Elana Kagan 51 yrs. old Barack Obama Aug. 2010
Antonin Scalia Trenton, NJ 73 yrs old Ronald Reagan
Anthony Kennedy Sacramento, CA 73 yrs old Ronald Reagan
Clarence Thomas Pin Point, GA 61 yrs old George H.W. Bush Scandalous confirmation hearing
Ruth Bader Ginsburg Brooklyn, NY 76 yrs old Bill Clinton
Stephen Breyer San Francisco, CA 71 yrs old Bill Clinton
Samuel Alito Trenton, NJ 59 yrs old George W. Bush
Sonia Sotomayor The Bronx, NY 54 yrs old Barack Obama
Misc. Info. Average age of justices = 64 yrs old Only 4 presidents have NOT appointed a justice William Henry Harrison, Zachary Taylor, Andrew Johnson and Jimmy Carter Two current living retired justices Sandra Day O’Connor and David Souter FDR’s “Court-Packing Scheme” President should be able to appoint a justice for each sitting justice older than 70 years and 6 months Plan denied, but he ended up 8 justices total