1. Objective: Discuss the dimensions of power exercised today by the Supreme Court and the opposing viewpoints on an activist Supreme Court. Drill: 1. What are the grounds for an appeal? 2. Why are jury trials available only once in our legal system.
Unit 4 Day 16

2. How is a legislative court different than a traditional court?
Warm Up 2/23
How is a legislative court different than a traditional court?
Set up by Congress for a specialized purpose, staffed with people who have fixed terms of office and can be removed or have their salaries reduced.

3. Objectives Describe the principles of the legal system
Explain the process of becoming a federal judge
List the steps for how a case moves through the Supreme Court

4. Principles of Our Legal System

5. Goal of the American Court System to treat everyone alike.
Equal Justice
Goal of the American Court System to treat everyone alike.
Grants all people rights:
Trial by jury of peers
5th-8th Amendments spell out the “Equal Justice Under the Law Principle”

6. Due Process of Law 5th and 14th Amendments
Substantive
Short Hand of rights
Constitutional- Free Speech
Implied- Right to make private decisions.
5th and 14th Amendments
Procedural
Prohibits arbitrary enforcement of the law
Makes sure Law Enforcement protects your rights

7. Opposing lawyers fight, using their best cases, to help their client.
Adversary System
Opposing lawyers fight, using their best cases, to help their client.
They are to work to the full extent of the law to defend or prosecute.
The judge is impartial.

8. Presumption of Innocence
You are innocent until proven guilty
The burden of proving an accusation falls on the prosecution/plaintiff.
Defendants do not have to prove innocence.

9. Court Terms!

10. Vocab! Litigant Standing – Pledge Case Test Case – Plessy
1. Plaintiff
2. Defendant – Plaintiff v. Defendant
Standing – Pledge Case
Test Case – Plessy
Amicus Curiae
Acquittal – “If the glove doesn’t fit, you must acquit”
Burden of Proof
Precedent – Stare Decisis
Other words from your cases?
Standing-who is entitled to bring a case

11. Supreme Court Judges Judges
Judges hold their commission “during good Behavior”
Presidential Legacy
Presidents use the White House Counsel, DOJ, FBI background checks; not using ABA as they have in the past.
Congress sets salaries (but cannot lower them during their tenure)
Chief $203,000
Associate Justice $194,000
Appeals Judges $168,000
District Judges $158,000
Magistrate Judges $145,000
Law Clerks

12. Getting on the Court: Senatorial Courtesy
For appointments to Federal District & Appeals Courts:
The Senate will not confirm a nominee who is opposed by the senior senator from the nominee’s state if that senator is a member of the President’s party
For example, the senior Senator from MD is Barbara Mikulski. Since she is in Obama’s party, the Senate will not confirm a judge from MD to the federal bench without her OK.
However…any senator can put a “hold”

13. Senate Judiciary Committee
Chairman: Patrick J. Leahy, Vermont (D)
Since 2009 Obama has made about 220 nominations, most of whom are either confirmed or awaiting hearings by the committee

14. Getting a case through the court

15. Opinions
Opinion is written – it often takes many months and many drafts • Majority Opinion – Justices in the majority must draft an opinion setting out the reasons for their decision. If the Chief is in the majority he gets to decide who writes the opinion. • Concurring Opinion – Justices who agree with the judgment, but for other reasons than those articulated in the majority opinion. • Dissenting Opinion – Justices who disagree with the opinion write a dissenting opinion • Per Curiam Opinion – An opinion that announces the judgment of the court as a whole. Used in Bush v. Gore (2000)