The Judicial System Lady Justice Blind Folded blind
The Judicial System
Lady Justice • Blind Folded – blind to race, gender, age, status, religion, etc. • Scales – weigh the evidence (facts of the case) • Sword – dispense justice fairly
Article III of the U. S. Constitution • Established the U. S. Supreme Court • All other courts were to be determined by Congress
The Federal Court System - The Judiciary Act of 1789 Established the federal court system by dividing the country into federal judicial districts, creating district courts and courts of appeals
Federal Courts - Three levels a. Trial court (aka District Court) Appellate court (aka Court of Appeals) Supreme Court b. c.
District Courts 94 across the country and U. S. territories a. 89 throughout the states according to population distribution b. 1 each in 1. Washington, D. C. 2. Puerto Rico 3. Guam 4. U. S. Virgin Islands 5. Mariana Islands c. Original jurisdiction over federal cases
Courts of Appeals (aka Circuit Courts) 13 across country a. 12 hear appeals from district courts b. 1 hears appeals from 1. Special courts like Claims Court, Tax Court, etc 2. Federal agencies like Office of Patents and Trademarks, Civil Service Commission, etc
Other Courts These courts are refereed to as Special Courts Military Courts - for the discipline and punishment of military personnel U. S. Tax Court – settles disputes over federal income tax Territorial Courts - for U. S. Virgin Islands, Guam, the Northern Mariana Islands, and all other U. S. Territories Courts for Washington, D. C. – since it is a territory, courts were established for it U. S. Court of International trade - cases involving international trade and customs issues U. S. Claims Court - claims for money damages in excess of $10, 000 against the United States
State Courts 1. Deal with state laws 2. Three levels Trial courts Appellate courts (aka courts of appeal) c. State Supreme Courts (aka courts of final appeal) 3. Cases may be appealed to the U. S. Supreme Court if a federal or constitutional issue is involved a. b.
The U. S. Supreme Court Chief Justice - John G. Roberts Jr. 2005 - Bush Associate Justices: Antonin Scalia 1986 - Reagan Anthony M. Kennedy 1988 - Reagan Clarence Thomas 1991 - George H. W. Bush Ruth Bader Ginsburg 1993 - Clinton Stephen G. Breyer 1994 - Clinton Samuel A. Alito 2006 - G. W. Bush Sonia Sotomayor 2009 – Obama Elena Kagan 2010 - Obama
Qualifications The Constitution does not specify any qualifications There are however informal qualifications: Experience Judge Lawyer Education Thurgood Marshall
The U. S. Supreme Court Out of the thousands of cases sent to the court, the Justices decide if a case is worthy of being brought before them (Rule of 4). Constitutional Law Federal Law Impact on the Masses Balance rights of the individual v. the common good
The U. S. Supreme Court Cases Lawyers for each side have one-half hour in which to present their side of the case in what is called "oral argument. " The Justices can interrupt to ask questions at any time. Long and detailed written arguments from both sides are presented to the justices.
The U. S. Supreme Court Cases It takes a majority of Justices to decide a case. If the Chief Justice sides with the majority, he will write the majority opinion, or assign it to one of the other Justices on the majority side to write. If the Chief Justice is not in the majority, the most senior Justice (the one who has served on the court the longest) writes the opinion or assigns it to another Justices who agree with the opinion write concurring opinions. Justices on the minority side are free to write dissenting, or differing, opinions.
The U. S. Supreme Court The Supreme Court convenes, or meets, the first Monday in October. It stays in session usually until late June of the next year. When they are not hearing cases, the Justices do legal research and write opinions. On Fridays, they meet in private (in "conference") to discuss cases they've heard and to vote on them.
United States Supreme Court - Judicial Review 1. Define: Power to overturn any act of Congress or executive action the Court deems unconstitutional 2. Is it in the Constitution? Not specifically stated; however, the Constitution says the Court shall “interpret the law”
Established by Marbury v Madison (1803) Facts of the case: William Marbury appointed to federal judgeship by outgoing President John Adams. (Midnight Judges) New President, Thomas Jefferson tells Secretary of State James Madison NOT to deliver the commission to Marbury sued in the Supreme Court citing right to do so in the Judiciary Act of 1789 The justices considered both facts of case and law in question
The opinion of the court: Marbury was legally appointed as federal judge and Secretary of State Madison should have delivered the commission. HOWEVER, the section of the Judiciary Act of 1789 that stated that the Supreme Court had to hear this type of case was unconstitutional. The Constitution lists specific type cases that the Supreme Court has original jurisdiction over. This case was not one of them. SO, because that part of Judiciary Act of 1789 was unconstitutional, Marbury should not have been able to sue in the court nor did the court have the authority to force Madison to deliver the letter.
Precedent set: THE CONSTITUTION IS WHAT THE SUPREME COURT BELIEVES IT TO BE First time Court interpreted the Constitution to the extent of declaring part of a law unconstitutional. This put the Judicial Branch on equal footing with the other 2 branches because the Court has the power to declare acts of the others unconstitutional.
Federal Judges are: 1. Appointed by president a. Advisors recommend candidates b. Professional background c. Political/social views d. Collegiate career 2. Confirmed by Senate a. b. c. d. Judiciary committee holds hearings Professional background Political/social views Simple majority vote
Life terms a. Death Resignation/retirement Impeachment b. c. Why it matters!! • Conservative presidents = conservative justices • Liberal presidents = liberal justices • Justices serve for years • Justices interpret the Constitution; set precedent • Those precedents affect all Americans • Balance rights of individual rights v. the common good
Selecting Cases a. Original jurisdiction-must hear cases b. Appellate jurisdiction cases—choose to hear 1. Must deal with federal or constitutional issue 2. Must impact a majority of citizens Writ of Certiorari - a discretionary writ that the court grants or refuses at its own discretion. The writ is granted if four of the justices want it to be heard. In both civil and criminal law, the Supreme Court is the final court of appeal.
Factors influencing the Court 1. Constitution—fundamental law of US 2. Precedent—are there past similar cases 3. Intent—of the Constitution and law(s) in question 4. Social values—what is the current view of most Americans (will of the people) 5. Personal judicial philosophy—to what extent should justices become involved in setting policy
Checks on the Court 1. Executive Branch: • president appoints judges, • may pardon the convicted 2. Legislative Branch: • Senate confirms appointees • Amendment process
Example of the Amendment Process: Dred Scott (1857) decision: • Slave was property and not free just because he had lived in a free state. As property, and not a US citizen, he had no right to sue in federal court. • 14 th Amendment (1868) : • Declared former slaves to be US citizens with all rights of citizenship. • The amendment nullified the Dred Scott decision.
Jurisdiction of the Supreme Court Original Suits Appellate Suits 1. Between two or more states These are cases heard by the Court through the appeals process. 2. Between the U. S. and a representative of a foreign nation 3. Between a state(s) and the Federal Government 4. Between a state and a citizen of another state Refusal of the case to be heard by the Supreme Court means that the decision of the lower court stands.
Jurisdiction The types of cases a court may hear. Exclusive – only heard in Federal Courts Concurrent – heard in Federal or State court Original – heard by the Supreme Court first
Case Flow – Federal Courts
Purpose of Courts: To review and interpret law (settle disputes) 2 Types of Law: 1. Criminal law: the people (government) v. an individual 2. Civil law: an individual v. an individual **Note: Legally an individual does NOT have to be a human being. A legal individual can be an individual, a business, a corporation, and/or a government agency.
Major Players: 1. Criminal law a. Prosecutor—represents the people b. Defendant—accused of breaking law 2. Civil law a. Plaintiff—person who was wronged b. Defendant—person accused of wrongdoing 3. Judge a. Applies the law b. Instructs the jury c. Keeps proceedings fair and neutral d. May decide case if no jury 4. Jury a. Decides facts of case b. Determines innocence or guilt
Types of Law Common Law Statutory Law Constitutional Law Administrative Law Other – Contract, Tort TORT - A negligent or intentional civil wrong not arising out of a contract or statute. These include "intentional torts" such as battery or defamation, and torts for negligence.
The Jury System Two Types of Juries 1. Petit Juries – Trial Juries 2. Grand Juries – Used to determine if there needs to be a trial Origins of Juries – Ancient Vikings (Anglo-Saxons) (female elders? ? ? ) Purpose of Juries 1. To ensure a fair and honest trial 2. To be judged by one’s peers
The Jury System Sources of Jurors • Voter’s Registration • State Records • Public Assistance/Welfare records • Vehicle Registration • U. S. Census Records • Property Tax Records
The Jury System Jury Exemption 1. Currently Serving in the military or National Guard 2. Served as a juror in the past 3 years 3. Undue hardship or extreme inconvenience Juror Disqualification 1. Can not read, write, speak, or understand English 2. Mental or physical health reasons 3. Convicted of certain crimes *** If selected for jury duty, in PA we have the 1 Day 1 Trial System.
The Jury System Juror – Rules of Conduct 1. 2. 3. 4. 5. 6. Arrive on time Listen to all questions and answers Do not discuss case with anyone Do not speak to either lawyer(s) outside of the courtroom No private investigations Consider no outside sources
Rights of the Accused (Due Process of Law) Arrested on Probable Cause Defendant is innocent until proven guilty For a defendant to be found guilty, the prosecution must prove beyond a reasonable doubt The accused are protected from self-incrimination (5 th Amendment). No 3 rd Degree or other forms of coercion Right to legal counsel. Right to know what the charges are (Writ of Habeas Corpus) No excessive bail
Rights of the Accused (continued) Right to confront witness testifying against him/her. Right to gather his/her own evidence and witnesses. Those charged with serious crimes must be indicted by a grand jury. An individual cannot be tried for the same crime twice (Double Jeopardy). Right to a speedy and public trial by jury if desired. The accused has the right to be free of unreasonable search and seizure. (Search Warrant) No excessive fines and/or cruel and unusual punishment Right to Appeal
Courtroom Combat – Criminal Step 1 Arrest Probable Cause Miranda Rights Grand Jury
Courtroom Combat – Criminal Step 2 Jury Selection Vior Dire Process
Courtroom Combat – Criminal Step 3 Opening Arguments
Courtroom Combat – Criminal Step 4 Presenting of Evidence
Courtroom Combat – Criminal Step 5 Questioning of Witnesses
Courtroom Combat – Criminal Step 6 Cross-examination
Courtroom Combat – Criminal Step 7 Closing Arguments
Courtroom Combat – Criminal Step 8 Jury Deliberation
Courtroom Combat – Criminal Step 9 Verdict of Jury
Courtroom Combat – Criminal Step 10 Sentencing
Courtroom Combat – Civil Step 1 Problem
Courtroom Combat – Civil Step 2 Acquire Legal Council
Courtroom Combat – Civil Step 3 Getting Tough
Courtroom Combat – Civil Step 4 Filing the Case
Courtroom Combat – Civil Step 5 Discovery
Courtroom Combat – Civil Step 6 Settlement Talks
Courtroom Combat – Civil Step 7 Trial In Civil Trial, There is no “beyond a reasonable doubt”… only a tipping of the scales.
Courtroom Combat – Civil Step 8 Settlement
Jury Questionnaire JURY DUTY QUESTIONNAIRE REMEMBER ALL CITIZENS HAVE AN OBLIGATION TO SERVE AS JURORS WHEN CALLED. IF YOUR NAME AND RESIDENCE ADDRESS ARE NOT CORRECT, PLEASE MAKE CORRECTIONS BELOW. DO NOT USE P. O. BOX NUMBER AS RESIDENCE ADDRESS. ARE YOU A RESIDENT OF RICHMOND COUNTY? YES NO HOW LONG HAVE YOU LIVED IN RICHMOND COUNTY? __________________________ ARE YOU A U. S. CITIZEN? YES NO HAVE YOU EVER BEEN CONVICTED OF A FELONY? YES NO IF SO, WERE YOUR CIVIL RIGHTS RESTORED? YES NO ARE ANY SUCH CHARGES NOW PENDING AGAINST YOU? YES NO HAVE YOU PREVIOUSLY SERVED ON JURY DUTY? YES NO IF SO, WHEN AND WHERE? ________________________________________ DO YOU UNDERSTAND THE SPOKEN ENGLISH LANGUAGE? YES NO DO YOU HAVE ANY PHYSICAL OR MENTAL IMPAIRMENT THAT WOULD PREVENT YOU FROM SERVING ON A JURY? YES NO IF SO, PLEASE EXPLAIN _________________________________________ TELEPHONE NUMBERS: HOME ________________ BUSINESS ________________ SEX: MALE FEMALE RACE: WHITE BLACK OTHER DATE OF BIRTH: ____________ PLACE OF BIRTH: ________________________ IF MARRIED, GIVE NAME OF SPOUSE: ___________________________________ OCCUPATION OR BUSINESS _______________________________________ NAME AND ADDRESS OF EMPLOYER ___________________________________ YEARS EMPLOYED _________________ RETIRED: YES NO SOCIAL SECURITY NUMBER _______________________________________ HIGHEST GRADE COMPLETED IN ELEMENTARY OR HIGH SCHOOL _____________________ COLLEGE OR GRADUATE SCHOOL ____________________________________ I CERTIFY THAT THE WITHIN AND FOREGOING STATEMENTS ARE TRUE AND CORRECT. I UNDERSTAND THAT I MAY BE CITED FOR CONTEMPT OF COURT FOR MAKING A FALSE STATEMENT. SIGNATURE _________________________ DATE ___________________
Subpoena
Some “Judicial Humor”
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