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Judicial Branch Lindquist
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Equal Justice under the Law
“He approved of (our) undertakings." "a new order of the ages."
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provide fair public trials ensure equal justice for all
The Roles that Courts Play provide fair public trials ensure equal justice for all
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Laws for the Good of All U.S. citizens enjoy freedom because the United States has laws to protect their rights, yet some laws, of course, limit freedom. A system of law provides citizens with predictable rules by which they must live. Without such rules, a country could fall into a state of political disorder, known as anarchy.
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Laws for the Good of All Every U.S. citizen has the duty to know and obey the laws. Law-abiding citizens understand that laws are passed for the good of all. By learning and obeying the country's laws, you are practicing good citizenship.
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Kinds of Law The four principal types of law include statutory law, common law, administrative law, and constitutional law. All these laws must follow the principles set forth in the Constitution, which is the supreme law of the land.
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Statutory Law Laws that are passed by lawmaking bodies are known as statutory laws. Congress and state and local governments pass these laws.
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Common Law What happens if there is no existing statutory law covering a specific situation? Some laws are based on common sense. Others are based on experience and common practice. In court cases most judges have the option to follow the same precedent, or earlier decision, when considering some cases.
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Common Law Rules can be a part of the country's customary, or common, law. Common law is a type of law that comes from judges' decisions. In time, most common law is passed as statutory law by the country's lawmaking bodies. In this way, a law is written down so that all citizens may know it.
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Administrative Law Administrative laws are laws created by government agencies For example, the Consumer Product Safety Commission (CPSC) makes an administrative law when it rules that a particular toy is unsafe and must be taken off the market immediately. (2007 situation involving lead paint in toys)
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Constitutional Law The U.S. Constitution is the supreme law of the United States. Constitutional law is law based on the Constitution of the United States and on Supreme Court decisions interpreting the Constitution.
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Plaintiff vs. Defendant Prosecutor vs. Defendant
Trial Courts Plaintiff vs. Defendant If a trial is initiated by an individual Prosecutor vs. Defendant If the state brings charges against a person
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ROLE OF THE COURTS
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Roles of the Courts To guarantee justice, U.S. law assumes that a person is innocent until proven guilty. The proper way to determine whether a person is guilty is to hold a trial in a court of law. The courts are made up of persons who have been given the authority to administer justice. Most Americans believe that only a system of courts can assure equal justice for all people.
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Indictment by a Grand Jury
There must be enough evidence against someone to justify bringing that person into court for trial. Group that decides this evidence issue is the grand jury. In federal courts, the grand jury is made up of between 12 and 23 citizens who live in the court district where the trial will be held.
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Indictment by a Grand Jury
If a majority of grand jury members agree that the evidence against the accused is strong enough, the person is indicted, or formally accused of a crime.
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Right to a Jury Trial A trial jury is also called a petit jury. It is usually made up of between 6 and 12 persons—known as jurors. Jurors on trial juries and grand juries are selected from a list of people who live in the community. A court official selects the names at random and sends notices ordering the people to report for jury duty. Jury duty: selection to serve on a panel of jurors.
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Right to a Jury Trial The trial jury must try to reach a decision, or verdict, in the case. Usually the jury's verdict must be a unanimous vote, with all members agreeing on whether the accused is guilty or innocent of the charges. If a jury cannot reach a verdict, it is called a hung jury. When a trial results in a hung jury, a new trial with a new jury is usually held.
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Innocent until Proven Guilty
The burden of proof in a jury trial rests with those people who bring charges against the person on trial. Prosecution must prove their case "beyond a reasonable doubt." Accused persons cannot be forced to testify against themselves.
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Innocent until Proven Guilty
Their lawyers have the right to cross-examine, or question, witnesses to ensure that the testimony, or evidence given in court, is accurate. Accused persons also have the right to call their own witnesses in order to defend themselves.
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Right of Appeal Because courts are made up of human beings, they sometimes make mistakes. To ensure that cases are tried fairly, convicted individuals may appeal, or ask for a review of the court's decision.
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