Unit 5 judicial branch
- 1. Unit 5 - Judicial Branch
- 2. 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).
- 3. Hierarchy 94 District or Inferior Courts in major cities. Courts of Appeal Supreme Court
- 4. 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
- 5. 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 opinion Losing side writes a dissenting opinion.
- 6. 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.
- 7. Rights and Liberties Civil Rights = positive acts the government protects 1 st amendment Speech - Symbolic speech protected. Press Libel – written, malicious lie Slander – spoken, malicious lie Sedition – crime of attempting to overthrow the government. Assembly – guarantee of association. Petition Religion – Free exercise clause and establishment clause. 2 nd amendment 14 th amendment = due process for people of all races De jure segregation is unconstitutional Affirmative action is used, quotas are illegal Rights apply if you are jus soli or jus sanguinis Liberties = protections against government acts 4 th amendment – warrants, probable cause 8 th amendment – cruel and unusual punishment
- 8. J. Disallowed Ex post facto laws – after the fact Bill of Attainder – Punishes a person without trial Double jeopardy – tried for same crime twice Monica smells
- 9. II. Cases and Justices
- 10. 1790-1800 High turnover rate for justices. Had to act as Supreme, Appeals, and District court. Congress was slow to organize the judicial branch.
- 11. Marshall Court (1801-1835) Chief Justice John Marshall Federalist (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.
- 12. 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.
- 13. 1864 - 1910 Passive Court Plessey v. Ferguson Over 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.”
- 14. 1910 - 1930 Pro-business Former President Taft becomes Chief Justice for awhile. Rules many laws unconstitutional… Minimum wage. Limiting hours. Child labor laws.
- 15. 1930-1953 Court 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.”
- 16. 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.
- 17. 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 Griswold Roe v. Wade Abortion illegal in most states Another private matter
- 18. 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.
- 19. III. Crimes and Sources of Law
- 20. Crime and Criminal Law Violating the law. Ignorant of the law. Punishable. Misdemeanors – minor crime punishable by… Fine Short prison term Felony Serious Crime Prison for at least 1 year Death
- 21. Civil Law (suing) Your responsibilities to others. Just compensation is due. Commercial/contract: Buyer does not pay Seller 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)
- 22. 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.
- 23. Civil Rights and Liberties Civil Rights = positive acts the government protects 1 st amendment Speech Press Assembly Petition Religion 2 nd amendment 14 th amendment = due process for people of all races De jure segregation is unconstitutional Affirmative action is used, quotas are illegal Rights apply if you are jus soli or jus sanguinis Liberties = protections against government acts 4 th amendment – warrants 8 th amendment – cruel and unusual punishment
- 24. Trial Procedure
- 25. Opening Statement Suspect 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. Criminal Government (district attorney or prosecutor) makes indictment. Must prove beyond a reasonable doubt. Civil Plaintiff Must provide a preponderance of evidence (greater amount). Defense or defendant then presents.
- 26. Examination First 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.
- 27. Examination continued Defense 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.
- 28. Conclusion Both 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.