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

CA State Judges Superior Ct: often appointed by governor midterm elected to 6 year terms run against (some) opposition Appellate and Supreme Ct: always originally appointed by gov must be approved by voters for 12 year terms “Shall ______ be elected to office”--does not run against opponents --if answer is “no”, gov appoints someone else

Jury Instructions Since 2003—plain language reform

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 Infraction, misdemeanor and felony A fine, versus 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

CA Supreme Court with Chief Justice Ronald George Janice R. Brown now replaced by Carol Corrigan: 3 women, 1 Latino, 1 Asian, 6 Republicans

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