1. Court Procedure

2. Civil vs. Criminal Cases
Civil Cases
Relations between private citizens. (corporate citizens)
81 year old woman awarded millions of dollars for spilling her coffee on herself

3. Tort Reform
Civil Suits cost the US Economy over 200 billion dollars a year
How can we stop the madness
Some people advocate putting caps on how much money one can win in a civil suit.
Medical Mal Practice

4. Civil vs. Criminal Cases
regulates individual conduct as enforced by the state and national governments

5. There are Many Lawsuits and Crimes….
…But most cases never get to court.
Most Civil Disputes are Settled out of Court
Most Criminal Cases are settled due to plea bargains or dismissals

6. Hearing and Deciding
Court Term starts in October and runs until June or July
Each Attorney gets 30 minutes to present an oral argument at the beginning of the week. (Monday-Wednesday)
After each Attorney presents, the Justices have until the end of the term to render an a ruling
The Rulings are Called OPINIONS

7. Factors in Deciding Past Court Documents (writ of Cert)
Past Decisions in a Court Case
Amicus Curiae
“Friend of the Court” Brief
A legal brief filed by a non litigant group or individual that wants to attempt to influence the court.
Example: Gratz and Grutter v. Bollinger
Fortune 500 companies and multiple Army Generals filed Amicus Curiae briefs on behalf of the University of Michigan

8. Judicial Philosophy Judicial Activism Judicial Restraint Originalism
Demonstrates a willingness to change laws
Protect minorities and Legislative irresponsibility
Judicial Restraint
Legal Positivism
“Let the law makers make the laws”
Originalism
Follow the original intent of the framers and the constitution

9. Types of Opinions Majority Concurring Dissenting
reflects the ideas of the Majority ( …) The legal reasoning for the decision becomes the Legal Precedent in Future Cases
Concurring
Justice agrees with the verdict but not the reasoning
Dissenting
One or more justices disagrees with the opinion of the majority or plurality

10. Majority Opinion
Majority opinion sets the legal precedent for future cases based on the principal of
STARE DECISIS-
“Let the Decision Stand”
We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and other similarly situated are deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.

11. Appointments The selection of judges is a very political process
In general presidents try to select well-qualified individuals for the bench, but they use appointments to further their own political philosophies
Hearings conducted by the Senate Judiciary Committee; majority vote in the full Senate
Who are our Justices?
Chief Justice: Roberts
Breyer
Kagan
Sotomayor
Alito
Thomas
Kennedy
Ginsburg
Gorsuch

12. Federal v. State Courts SEPARATE COURTS
Only one overlap….WHAT IS IT???