unit 5 judicial branch

Unit 5 - Judicial Branch

Basic Structure

Established by Article III.

Meant to hear civil (lawsuits) and criminal law.

State courts have judicial system.

Cases flow in hierarchical system (bottom to top).

Hierarchy

94 District or Inferior Courts in

major cities.

Courts of Appeal

Supreme Court

Cases flow in hierarchical system (top to bottom).

Federal district judges are in major cities throughout the USA.Cases may be appealed or re-heard by a US Court of appeals known as appellate jurisdiction.Cases may then be heard by the Supreme Court (SCOTUS)Some cases can be taken directly to SCOTUS = Original Jurisdiction

Supreme Court

Located in D.C.8 associate justices and 1 Chief Justice sit on the court.Justices are appointed by the president and approved by the Senate.Justices sit on the bench until resignation or death or impeachment/removal.It has the final say whether the law should be followed or if laws are unconstitutional.9 justices vote on a case

Winning side writes a majority opinionLosing side writes a dissenting opinion.

History of the Court

First met in 1790.Did not receive its own building until 1935.Shortest description in constitution.Court would change with population and law.Over 90% of cases are not heard.Cases must “catch” the interest of one of the justices, and three others must agree to hear it.Hearings are off limit to photographing and videotaping to separate the court from public influence.

Rights and LibertiesCivil Rights = positive acts the government protects

1st amendment Speech - Symbolic speech protected. Press

Libel – written, malicious lieSlander – spoken, malicious lieSedition – crime of attempting to overthrow the government.

Assembly – guarantee of association. PetitionReligion – Free exercise clause and establishment clause.

2nd amendment14th amendment = due process for people of all races

De jure segregation is unconstitutionalAffirmative action is used, quotas are illegalRights apply if you are jus soli or jus sanguinis

Liberties = protections against government acts4th amendment – warrants, probable cause8th amendment – cruel and unusual punishment

J. Disallowed

1. Ex post facto laws – after the fact

2. Bill of Attainder – Punishes a person without trial

3. Double jeopardy – tried for same crime twice

4. Monica smells

II. Cases and Justices

1790-1800

High turnover rate for justices.

Had to act as Supreme, Appeals, and District court.

Congress was slow to organize the judicial branch.

Marshall Court (1801-1835)Chief Justice John MarshallFederalist (loose constructionist)– strong central gov’t loosely based on constitution.Marbury v. Madison established judicial review (court can declare laws unconstitutional).Federal law is greater than state law.Contracts must be honored.

Taney Court (1836-1864)

Passive court.

Strict constructionist (only do what the constitution says).

Dredd Scott v. Sanford = Blacks could not sue for freedom.

Missouri Compromise unconstitutional.

Property rights cannot be taken away.

1864 - 1910Passive Court

Plessey v. FergusonOver segregation

Plessey sues because he is not allowed to ride in white passenger car.

Court declares segregation is okay as long as it is “separate yet equal.”

1910 - 1930

Pro-business

Former President Taft becomes Chief Justice for awhile.

Rules many laws unconstitutional…Minimum wage.

Limiting hours.

Child labor laws.

1930-1953Court filled with Democrats.

FDR tries to speed up the process by adding more justices, Congress refuses.

Japanese sue to get out of internment.

Court rules in times of war gov’t can do things for “safety and security.”

Warren Court (1953-68)Gov. Earl Warren of CA becomes new Chief Justice.Brown v. Board of Education.

Brown had to walk to inferior colored school.Order to desegregate has no timeline, takes twenty years.

Rights of the accused reaffirmed under Miranda v. Arizona.Griswold v. Connecticut

They make birth control illegal.Court decides that is a private matter between doctor and woman.

Burger Court (1969-86)

Court had determined there is a loose right to privacy because the gov’t has to…

Get a warrant to search

Pay to seize property

Reproductive Rights

Continued to follow GriswoldRoe v. Wade

Abortion illegal in most states

Another private matter

Rehnquist Court (1986-2001)

Texas v. Johnson clears way for flag burning under freedom of speech.

Sodomy laws unconstitutional under right to privacy – Lawrence and Garner v. Texas (2003).

Hustler v. Farewell clears even vulgar speech if it is political.

III. Crimes and Sources of Law

Crime and Criminal Law

Violating the law.Ignorant of the law.Punishable.Misdemeanors – minor crime punishable by…

FineShort prison term

FelonySerious CrimePrison for at least 1 yearDeath

Civil Law (suing)

Your responsibilities to others.Just compensation is due.Commercial/contract:

Buyer does not paySeller does not provide

Negligence: Suffered loss due to someone else’s carelessness. Libel (write)/slander (say): maliciously and knowingly state something. Titles to land: eminent domain: seized property must be paid for.

family matters (children or marriage)

Sources of Law (where we get it)

Constitution – Supreme law of the land.

Statutory – law made by legislature

Case – Set by precedents or traditions of courts.

Common – cultural traits, accepted behavior.

Administrative – laws made by agencies of the government.

Civil Rights and Liberties

Civil Rights = positive acts the government protects1st amendment

SpeechPressAssemblyPetitionReligion

2nd amendment14th amendment = due process for people of all races

De jure segregation is unconstitutionalAffirmative action is used, quotas are illegalRights apply if you are jus soli or jus sanguinis

Liberties = protections against government acts4th amendment – warrants8th amendment – cruel and unusual punishment

Trial Procedure

Opening StatementSuspect maybe indicted to a grand jury.Suspect is arrested, Miranda Rights are read.Arraigned, and bail is set.Right to jury can be waived for bench trial.Summary of position at beginning.First statement is given by those that initiate the case.

CriminalGovernment (district attorney or prosecutor) makes indictment. Must prove beyond a reasonable doubt.

CivilPlaintiffMust provide a preponderance of evidence (greater amount).

Defense or defendant then presents.

ExaminationFirst the initiator presents evidence.Evidence can be…

Direct – witness, forensics, confession, weapon.Circumstantial – opinion, connection between defendant and crime with no physical proof.

They are not allowed to ask leading questions (guide the witness).Defense can issue an objection and stop the question.Judge can sustain (agree) or overrule (disagree).Defense may cross-examine.

Examination continuedDefense may treat witnesses as hostile (treat them harshly to break them).

Decency may be questioned (if the person is honest and decent enough).

The gov’t/plaintiff may then rest and the defense calls their witnesses or evidence.

ConclusionBoth sides give closing arguments.

Judge gives the jury a charge or reminder of their duties.

Jury deliberates until there is a unanimous (criminal) or majority (civil) verdict.

They may be sequestered (asked to stay in hotel until decision is made).

If no decision is made, then there is a hung jury.

A mistrial is declared and the case has to be retried.