1. Chapter 15:
Courts, Judges and Laws

2. Vocabulary AFFIMRATIVE ACTION BEYOND A REASONABLE DOUBT BURDEN OF
TERM
DEFINITION
AFFIMRATIVE
ACTION
the practice of making special efforts to admit, recruit, or hire members of disadvantaged groups
BEYOND A
REASONABLE
DOUBT
legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given
BURDEN OF
PROOF
the obligation in a legal case to prove allegations by presenting strong supporting evidence
CROSS-
EXAMINATION
the questioning of a witness in court by an attorney for the opposing side
JUDICIAL
ACTIVISM
the principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals

4. Vocabulary Vocabulary
TERM
DEFINITION
JUDICIAL
RESTRAINT
the principle that judicial review should be used sparingly, especially in dealing with controversial issues
Ex.) “Judges are like umpires. Umpires don't make the rules, they apply them.”
MILITARY
TRIBUNAL
a court in which officers from the armed forces serve as both judge and jury
PLAINTIFF
the person or party who brings a lawsuit, or legal action, against another party in a civil case
PROSECUTION
the attorneys representing the government and the people in a criminal case
STARE
DECISIS
a legal doctrine requiring lower courts to honor rulings made by higher courts

5. Government working on behalf of society
Criminal vs. Civil Law
TYPE OF
LAW
WHAT IS
IT?
WHO
INVOLVED?
EVIDENCE NEEDED?
PUNISHMENT
OR COMPENSATION?
CRIMINAL
protect the welfare of society and to provide punishments
Government working on behalf of society
VS.
Individuals
To be convicted of a crime, a person must be found guilty beyond a reasonable doubt, usually by a jury
 fines, prison sentences, capital sentences, probation, or similar penalties
CIVIL
govern conflicts between private parties or, occasionally, between a private party and the government
Two private parties or the government
Preponderance of Evidence: This means that the party must prove that it is more likely than not that the other party is at fault and should be held liable
Typically financial compensation

6. Jurisdiction Jurisdiction= Authority to enforce laws ORIGINAL
WHAT/WHERE DO HAVE JURISDICTION OVER?
ORIGINAL
Typically trial courts which have the authority to hear a case for the first time
APPELLATE
Have the ability to review lower courts decisions. They do not question the jury but make sure there were no errors of law.
GENERAL
Trial courts that can deal with most cases.
LIMITED
Trial courts that only specialize in certain cases.
Ex.) Traffic Court, Bankruptcy Court

7. Courts TRIAL COURTS OF GENERAL JURISDICTION LIMITED JURISDICTION
Serious crimes and civil disputes
Superior, District, or Circuit Courts
Jury
LIMITED JURISDICTION
Minor crimes
justice-of-the-peace courts, magistrate courts, municipal courts, city courts, county courts, traffic courts, or small-claims courts
Usually no jury
INTERMEDIATE
APPELLATE COURTS
3 judge panel hears general court appeals and make sure there are no errors of law
COURTS OF
LAST RESORT
Usually the final court of appeal
State Supreme Court
In rare cases involving Constitutionality, cases may reach US Supreme Court

8. Judges ELECTION APPOINTMENT SELECTION & RETENTION SELECTION PROCESS
DESCRIPTION
ELECTION
Oldest and most common form
Forces campaigning which could lead to corruption
Low voter turnout
APPOINTMENT
Depending on the state, governors and legislators can select judges
Helps choose qualified judges
Could lead to patronage
SELECTION &
RETENTION
Selection= a list of judges based on merit is made allowing for governors to select from
Retention= Voters approve or reject retaining a judge

9. Judicial Checks and Balances
BRANCH
CHECKS & BALANCES
EXECUTIVE
Can declare the following unconstitutional:
Treaties
Executive Orders
Appointments
LEGISLATIVE
Can declare LAWS unconstitutional

10. 11 US Court of Appeals 7th with IN and WI How Many Circuits Are There?
QUESTION
ANSWER
How Many Circuits
Are There? 11
Where
Are We?
7th with
IN and WI
What Are
They For?
To hear appellate court cases= Individuals fighting previous decisions in lower court

11. Opinions of Justices MAJORITY DISSENTING CONCURRING OPINION
WHAT DOES IT MEAN?
MAJORITY
One judge will write the and describe the majority opinion of the USSC Justices
DISSENTING
Justices who disagree with the majority opinion write their reasons for not supporting the majority opinion
CONCURRING
Justices that agree with the majority but for different reasons may write the reasons why they supported the majority decision

12. Judicial Interpretation
EXPLANATION
JUDICIAL
ACTIVISM
the principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals
Liberal
Want to use power of Judicial Review to overturn bad precedent
RESTRAINT
the principle that judicial review should be used sparingly, especially in dealing with controversial issues
Conservative
Want to use Judicial Review to establish precedent