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Appeals Courts Losing party may be able to appeal the decision to an appeals (appellate) court Losing party will ask the court to review the decision.

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Presentation on theme: "Appeals Courts Losing party may be able to appeal the decision to an appeals (appellate) court Losing party will ask the court to review the decision."— Presentation transcript:

1 Appeals Courts Losing party may be able to appeal the decision to an appeals (appellate) court Losing party will ask the court to review the decision made by the trial court No witnesses or juries Lawyers for each side appear before a group of judges to present legal arguments

2 Appeals Courts Not everyone who loses a trial can appeal
Appeal is possible when there is a claim that the trial court committed an error of law Error of law – judge makes a mistake as to the law applicable in the case Examples: wrong instructions to the jury; evidence permitted that should not have been allowed

3 The U.S. Supreme Court "The Temple of Justice"

4 Oyez, Oyez, Oyez!! o·yez ōˈyā,ˈōˈyez/ Exclamation!!!!!!
a call given by a court officer, or formerly by public criers, typically repeated two or three times to command silence and attention, as before court is in session.

5 The Current Supreme Court
Justices Clarence Thomas (George H. W. Bush) Anthony Kennedy (Reagan) Ruth Bader Ginsburg (Clinton) Sonia Sotomayor (Obama) Stephen Breyer (Clinton) Samuel Alito, Jr. (George W. Bush) Elena Kagan (Obama) Chief Justice John Roberts (George W. Bush)

6 Supreme Court Has the authority to interpret the meaning of the Constitution and federal laws (power of **judicial review** Many controversial issues have ended up before the court (death penalty, gun rights, abortion …)

7 The Supreme Court’s Motto:
“EQUAL JUSTICE UNDER THE LAW” Essential Question our study of Law and Society Do all Americans receive equal justice under the law?

8 THE U.S. SUPREME COURT “Justice, the Guardian of Liberty”

9 Overview: The U.S. Supreme Court
The Supreme Court has nine justices: a chief justice and eight associate justices Justices are nominated by the president confirmed by the Senate Justices are appointed for life, although they may be impeached by Congress for "misbehavior" (This has happened only once, in 1805)

10 Court Decisions Majority Opinion = the decision of the court
Dissenting Opinion = states the reason for disagreeing with the majority opinion Concurring Opinion = agree with the majority opinion but for a different reason ** IMPORTANT POINT!! – the dissenting opinion today could become the majority opinion tomorrow

11 Supreme Court All courts must follow its decisions
Establishes the most important precedents (examples) Is the highest court of appeals Does NOT consider all appeals brought to it (Only the important cases)

12 Mapp v. Ohio (1961) BACKGROUND:
Dollree Mapp was convicted under Ohio law for possessing “lewd, lascivious, or obscene material.” She appealed her conviction. She based her claim on First Amendment grounds, saying that she had a right to possess the materials. The Supreme Court did not address he First Amendment claim, The Court instead overturned her conviction because the evidence against her had been seized without a warrant.

13 Mapp v. Ohio, 1961 Landmark case in criminal procedure
U.S. Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures" In so ruling, the Court applied the exclusionary rule to the states

14 Mapp v. Ohio, 1961 Precedent set: Any evidence seized by law enforcement that violates a person’s Fourth Amendment rights cannot be used against him or her at trial (it is excluded as evidence) Exclusionary rule remains controversial Supporters say it ensures liberty and justice Critics claim it actually threatens those values

15 Brown v. Board of Education (1954)
Plessy v. Ferguson (1896) Court approved the doctrine of “separate but equal” i.e. racial segregation was constitutional The dissenting opinion, disagreed, arguing that segregationist laws teach society the belief that the two races are not equal Brown v. Board of Education (1954) Court rejected the doctrine of “separate but equal” The majority opinion ruled that separate but equal schools violated the Equal Protection Clause of the Fourteenth Amendment

16 How Do We Balance Individual Rights With Need For Public Safety?


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