1. Courts, Judges, and the Law
TCI ch15

2. Notes
Essential Question: How is the US judicial system organized to ensure justice?

3. Resolving Society’s Conflicts
criminal law - to protect the welfare of society and provide punishments for those who fail to comply
proven beyond a reasonable doubt
civil law - conflicts between private parties (or occasionally private party vs. gov’t)
burden of proof is less - preponderance of evidence

4. Players in a Court of Law
defendant - accused (criminal or civil)
prosecution - gov’t lawyer, represents the people
plaintiff - accuser in civil trial

5. Role of Citizens witnesses - testify in court
jurors - usually 12 people who make decisions in court

7. US Dual Court System two court systems - state and federal
usually independent but can overlap

9. Jurisdiction
original jurisdiction - authority to hear case for the first time
appellate jurisdiction - (appeals) - review decisions by lower courts

10. State Courts vs. federal courts
most cases are heard in state courts
robberies, traffic violations, broken contracts, and family disputes, murders, assault
federal cases
Cases in which the United States is a party; Cases involving violations of the U.S. Constitution Cases b/n citizens of different states if the amount in controversy exceeds $75,000 Bankruptcy, copyright, patent, and maritime law cases, mail fraud, drugs into and across state lines

11. Choosing State Judges
judicial election - pro: public input, debate - con: interferes with impartiality ($$ to run)
judicial appointment - governor or state legislature appoints judges - pro: avoid poorly informed voters - con: may appoint supporters
merit selection - committee nominates judges

12. Federal Judges Article III of Constitution gives their power
cases of federal law or state vs. state
1. US District Courts (600)
2. US Appellate Courts (200)
3. Supreme Court (last appellate court)
nominated by ___________; confirmed by
_______________

13. Supreme Court President nominates and Senate approves
only hears cases each year
writ of certiorari - Courts requests a case

14. Supreme Court Decisions
uphold or overrule decision of lower court
majority opinion - explain position of majority
dissenting opinion - explains position of minority
concurring opinion - agree with majority but for different reasons

15. The Supreme Court Justices

16. John G. Roberts
Chief Justice
Buffalo, NY
54 yrs. old
George W. Bush

17. Elana Kagan
Elana Kagan
51 yrs. old
Barack Obama
Aug. 2010

18. Antonin Scalia
Trenton, NJ
73 yrs old
Ronald Reagan

19. Anthony Kennedy
Sacramento, CA
73 yrs old
Ronald Reagan

20. Clarence Thomas Pin Point, GA 61 yrs old George H.W. Bush
Scandalous confirmation hearing

21. Ruth Bader Ginsburg
Brooklyn, NY
76 yrs old
Bill Clinton

22. Stephen Breyer
San Francisco, CA
71 yrs old
Bill Clinton

23. Samuel Alito
Trenton, NJ
59 yrs old
George W. Bush

24. Sonia Sotomayor
The Bronx, NY
54 yrs old
Barack Obama

25. Misc. Info. Average age of justices = 64 yrs old
Only 4 presidents have NOT appointed a justice
William Henry Harrison, Zachary Taylor, Andrew Johnson and Jimmy Carter
Two current living retired justices
Sandra Day O’Connor and David Souter
FDR’s “Court-Packing Scheme”
President should be able to appoint a justice for each sitting justice older than 70 years and 6 months
Plan denied, but he ended up 8 justices total