The Judicial Branch by alicejenny

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									The Judicial Branch
               Jurisdiction
• A court’s Ability to hear a case
        Federal Jurisdiction
• Types of federal cases
  – Admiralty or Maritime Law
  – Bankruptcy, Copyrights, and Patents
        Types of Jurisdiction
• Original Jurisdiction- Ability to hear a case
  for the first time
• Appellate Jurisdiction- Ability to hear a
  case on appeal.
• Concurrent Jurisdiction- States and
  federal courts share jurisdiction
US District Courts
US Circuit Courts
   Federal Judge Appointment
• What does it Take?
Go to school to be a?
Where to get your Law Degree?
Make friends with influential
        Legislators.
Make Sure The President Knows
            You!
Pass Senate Scrutiny.
The ―Good Life‖
         Removal of Judges
• Impeachment-Treason, Bribery,and other
  high crimes and misdemeanors.

  – Samuel Chase—The first Supreme Court
    Justice to be impeached. Was not convicted
    by the Senate
  – Harry E. Claiborne---District Court Justice—
    Impeached and removed. Filing false tax
    returns in 1979 & 1980.
            Alcee Hastings
• Removed from office
  for corruption and
  perjury. He is only the
  6th federal judge to
  be impeached and
  removed from office
  in American history.
• 413-3
• 69 for and 26
Federal Judge Salary and Perks
• Perks
  – Retirement is based on two factors: age and years of
    service
  – Age 65 and 15 years of service—full salary for the
    rest of their lives
  – Age 70 and 10 years of service also get full pay
  – Critics argue that federal judges are not paid enough
    and may judges have returned to private legal
    practice where they may easily earn twice as much.
Federal Judge Salary Chart
 Federal Judge Selection Process
• Presidents take great care in selecting
  judicial appointments because they serve
  for life.
• The Attorney General assists in the
  selection process by creating a list of
  candidates usually State Court Judges,
  Law Professors, and outstanding lawyers.
   Matching Criteria In a Federal
           Court Judge
• The Attorney General looks for a
  candidate whose political philosophies and
  political party ties match the President’s.
• Political Groups and The Senate also
  influence selections.
Our Current Supreme Court
John Roberts
             John Roberts
             Chief Justice
Roberts, 50, a U.S. Appeals judge, was
 sworn in as the 17th chief justice of the
 U.S. Supreme Court hours after
 senators voted 78-to-22 to confirm him
 on Sept. 29, 2005. He is the first new
 Supreme Court justice since 1994 and
 has the potential of leading the court
 for decades.
Justice Stevens
     John Paul Stevens, Associate
               Justice
•   Was born in Chicago, Illinois, April 20, 1920. He married Maryan
    Mulholland, and has four children. Second Vice President of the
    Chicago Bar Association in 1970. From 1970–1975, he served as a
    Judge of the United States Court of Appeals for the Seventh Circuit.
    President Ford nominated him as an Associate Justice of the Supreme
    Court, and he took his seat December 19, 1975.
Samuel Alito
             Samuel Alito
           Associate Justice
• Alito became the 110th member of the
  Supreme Court on Jan. 31, 2006,
  replacing Justice Sandra Day O'Connor, a
  moderate conservative who retired. He is
  expected to align himself with the court's
  solidly conservative bloc and could affect
  the outcome of votes on key social issues
  such as abortion and civil rights.
Antonin Scalia
Antonin Scalia, Associate Justice
• Was born in Trenton, New Jersey, March 11,
  1936.
• President Reagan nominated him as
• an Associate Justice of the Supreme Court, and
  he took his seat September 26, 1986.
• He received his A.B. from Georgetown
  University and the University of
• Fribourg, Switzerland, and his LL.B. from
  Harvard Law School, and was a Sheldon Fellow
• of Harvard University from 1960–1961.
Justice Kennedy
 Anthony M. Kennedy, Associate
            Justice,
• was born in Sacramento, California, July
23, 1936.
• President Reagan nominated him as an
  Associate Justice of the Supreme Court,
  and he took his seat February 18, 1988.
Justice Souter
 David Hackett Souter, Associate
            Justice,
• was born in Melrose, Massachusetts,
  September 17, 1939.
Justice Thomas
   Clarence Thomas, Associate
             Justice,
• was born in the Pin Point community of
  Georgia near Savannah June 23, 1948.
Justice Ginsberg
 Ruth Bader Ginsburg, Associate
            Justice,
Was born in Brooklyn, New York, March
• 15, 1933.
Justice Breyer
   Stephen G. Breyer, Associate
            Justice,
was born in San Francisco, California,
 August 15, 1938.
John Jay
Thurgood Marshall
Sandra Day O’Connor
          Justice       Political Ideology
Thomas              Conservative
Scalia              Conservative
Roberts             Conservative
Alito               Conservative
Kennedy             Moderate
Souter              Liberal
Ginsberg            Liberal
Stevens             Liberal
Breyer              Liberal
 Why Does Your Political Ideology
            Matter.
• What are some of the issues that may face
  the court where ideology could play a
  role?
    BRINGING A CASE TO THE
        SUPREME COURT

–       STATISTICS
    •    CHANCES OF HAVING A CASE HEARD-
         LESS THAN 1 IN 10,000
    •    THE SUPREME COURT HEARS ABOUT 150
         CASES A YEAR.
            Background
• PRESENTED TO THE COURT-
  – ON APPEAL(10%)
  – WRIT OF CERTIORARI - ORDER FROM THE
    SUPREME COURT TO LOWER COURT TO SEND
    RECORDS OF A CASE.
     » EITHER PARTY OF CASE MAY PEITION THE
       SUPREME COURT FOR A ―CERT‖
  – Most DEAL WITH AN ISSUE OF CONSTITUIONALITY
    OR ERROR IN LOWER COURT
REASONS FOR DENIAL

  » CONSTITUIONALITY OF LAW- PERSON MUST
    ACTUALLY BE HARMED
  » WILL NOT RULE ON CONSTITUTIONALITY OF
    PROPOSED LAWS
  » MOOT QUESTIONS- QUESTIONS THAT MAKE
    NO DIFFERENCE
  » POLITICAL QUESTIONS THAT MAY BE
    HANDLED BY THE EXECUTIVE OR LEGISLATIVE
    BRANCH
   LEGAL COSTS-
– CAN BE EXPENSIVE
   » COURT ALLOWS FREE CERTS
   » PAYS AN ATTORNEY TO REPRESENT- IN
     FORMA PAUPERIS ―IN THE MANNER OF A
     POOR PERSON‖
          The Process
– FILING BRIEFS- WRITTEN DOCUMENT ARGUING ONE
  SIDE OF THE CASE
– DOCKET- ONCE BRIEF IS FILED, CASE GOES ON THE
  SCHEDULE
– Oral Arguments- After a two week sitting, the court
  recesses to conference to decide on cases
– Conferences-Each Justice is called upon to present his/her
  view and then they put the case to a vote. Six justices
  must be present to vote. In case of a tie, the lower court
  decision stands.
– After the justices vote they issue a short statement of their
  decision or more lengthy written opinion.
– Opinions-
    » Majority-
    » Concurring-
    » Dissenting-
Parts Of a Supreme Court Case
•   Participants
•   Facts of the Case
•   Question Presented
•   Ruling
•   Opinions
•   Precedent Set
How to report on A Supreme Court
              Case
Parties Involved
         Facts of the Case
• John Tinker(15) and his Mary Beth
  Tinker(16) protested the Vietnam War in
  School by wearing black arm bands in
  school. To prevent disturbances, the
  Principals within the Des Moines School
  District ordered the students to remove
  them or face suspension.
      Constitutional Question
• Does the barring of wearing of armbands
  in school constitute a violation of free
  speech by the First Amendment?
                 Ruling
7-2 in favor of Tinker
  Majority Opinion/ Opinion of the
               Court
• Wearing black arm bands in protest of a
  government action( Vietnam War) where
  the exercised their 1st Amendment rights
  (symbolic speech) in this setting where the
  Principals lacked justification (no threats of
  violence in the school against other
  students), the court upheld Tinker’s
  Contention.
         Dissenting Opinion
• Justice Harlan and Black felt the School
  Board should make that decision.
Precedent—What does it do for
           us?
            Stare Decisis
• Let the decision stand.
• Legal Precedents- Once the Supreme
  Court makes a ruling on one case it
  becomes a model for future cases that are
  similar.
         Judicial Philosophies
• Judicial Activism- Belief that Judges should take an
  active role in policy making even if it means going
  beyond the actions of elected officials. Earl Warren’s
  court(1953-1969) was considered an activist court
  because of Miranda vs. Arizona and Brown vs. Board
  of Ed.
• Judicial Restraint-The view that judicial decisions
  should not contradict the wishes of elected members
  of government unless the Constitution is clearly
  violated. Felix Frankfurter ―One’s own opinion
  about the wisdom or evil of a law should be excluded
  altogether when one is doing one’s duty on the
  bench.‖
 Why are Supreme Court Justices
        appointed for life.
• Judges are expected to:
  – Be Independent
  – Be Unbiased
  – Be Protectors of the Constitution
  – However, they are human and read the
    newspaper and can never ignore public
    opinion. Ex. Minersville school District vs.
    Gobitis upheld compulsory flag salute laws.
    Public criticism followed and led to a complete
    turnaround in West Va. vs. Barnette
American Law and the legal
        process
   Sources of American Law

– Constitution
– Statutory Law
– Common Law
– Equity
            Constitution
• Powers of the Government
• Rights of Individuals
            Statutory Law
• Written Laws passed by legislatures and
  other lawmaking bodies.
• Federal lawmaking bodies and state
  lawmaking bodies enact statutes and local
  lawmaking bodies enact ordinances.
                   Examples
• Federal-------The Family and Medical Leave Act of
  1993 (FMLA) entitles a covered employee to take up
  to 12 weeks of leave in a 12-month period for the
  birth or adoption of a child, or the "serious health
  condition" of the employee or the employee's child,
  spouse, or parent. To protect this right, the FMLA
  prohibits an employer from interfering with an
  employee's attempt to exercise his leave right or
  retaliating against an employee for opposing
  practices made unlawful under the FMLA. If an
  employer engages in these prohibited acts, the
  FMLA allows any one or more employees to bring
  suit for damages.
               Examples
• State-----
  – New Teen Driving Laws
  – Speed Limit
             Common Law
• Develops from court cases(case law).
  – Example Abortion laws
    • Roe v. Wade
                 Equity
• System to prevent wrongs from being
  done.
• Injunctions
• Honoring Contracts
           Two areas of Law

• Private– Actions initiated by individuals to
  benefit individuals.
• Public---Actions initiated the government
  to benefit the people as a whole.
                  Private Law
• Also known as Civil Law
  – Disputes between individuals dealing with:
    •   Property
    •   Contracts
    •   Family Relations
    •   Torts
                  Property
• Includes
  – Real Estate
  – Stocks
  – Bonds
  – Copyrights
  – Patents
               Contracts
• A Legal agreement between two or more
  individuals.
  – Examples
          Family Relations
• Marriage
• Divorce
• Child Custody
                      Torts
• Wrongful act that injures a person or property.
• There are three categories of Tort:
  – Intentional—A willful act carried out with malice.
  – Negligence---- Failure to do something that a
    normal reasonable person would do and results in
    injury (personal or property)
  – Strict Liability– Accidents for which someone can
    be held liable even if there is no negligence.
           Intentional Torts
• Assault– Intentionally causing someone to
  fear for his/her own life.
• Battery– Physically harming someone.
• False imprisonment– Intentionally
  preventing someone from going where
  they have a legal right to go.
• Trespass– Illegally entering another’s real
  property.
Crimes against people(felonies)
• Homicide—Killing a person
  – 1st Degree – Intentional and planned
  – Felony Murder—Killing that takes place during the
    commission of felonies such as arson rape or burglary.
    Most states consider this to be first degree murder
    regardless of whether premeditation exists.
  – 2nd Degree—Intentional but unplanned
  – Voluntary Manslaughter—Killing that would otherwise be
    murder, but occurs after the victim does something to the
    killer that would cause the average person to lose self
    control.
  – Involuntary Manslaughter—Unintentional and unplanned
    killing that results from recklessness.
  – Negligent Homicide—Killing resulting from negligence.
  – Noncriminal homicide—Justifiable or excusable
 Crimes against the person cont.
Kidnapping--Taking or carrying away a person
without permission

Mayhem—Intentionally maiming or disfiguring

Robbery– Taking of another persons by violence or
fear
         Crimes against property
• Arson– Burning another persons property
• Vandalism (malicious mischief)—Willful destruction
  or damage to the property of another.
• Burglary—Breaking into another person’s property
  with the intent of committing a crime
• Forgery– Providing false information to secure
  unfair or unlawful gain
• Larceny--Taking another person’s property without
  permission.
• Embezzlement—Unlawful taking of property by
  someone whom it was entrusted.
• Extortion(blackmail)—The use of threats to obtain
  the property of another.
• Receiving stolen property—To buy or ereceive
  property that you have reason to believe is stolen.
Criminal codes vary between states
• http://members.aol.com/StatutesPA/18.ht
  ml
               Public Law
• Concerns relationship between the
  government and its citizens.
  – Administrative Law---Rules and regulations
    made by agencies.
  – Constitutional Law
  Steps In The Trial Procedure
• Terms-
  –   Litigants
  –   Plaintiff
  –   Prosecutor
  –   Defendant
  –   Depositions
  –   Peremptory Challenge
  –   Cross-Examination
  –   Sequester
  –   Verdict
        Terms Continued
– Sentence
– Mistrial
– Hung Jury
– Bailiff
              The Procedure
• Pretrial
  – Issue Subpoenas- Command Evidence to be
    delivered or order witnesses to appear in
    court to testify.
     • Failure to appear or provide evidence could result
       in being held in contempt which is a serious
       criminal charge punishable by a $2500 fine and up
       to two years in prison.
  – Witnesses are asked to give depositions
     • A formal interview given under oath before the trial
       begins.
               Pre-Trial Cont’d
• Pre trial Motions– Both sides may file
  motions.
  – Examples
     •   Exclude illegally obtained evidence
     •   Move for a change in venue
     •   Have the defendant evaluated by a psychiatrist
     •   They often serve as the basis for later appeals
             Pre-trial Cont’d
• Choosing Jurors
  – Potential jurors are selected from voter
    registration lists, taxpayer lists, Motor vehicle
    registrations, and telephone lisitngs.
    How is my name Chosen?
• The process of selecting jurors begins
  when a computer randomly chooses
  names from the per capita tax rolls. If a
  person's name is chosen then a
  questionnaire is sent which includes
  questions that allow for a determination if
  the person may be qualified for jury duty.
• The United States and Pennsylvania
  Constitutions GUARANTEE THE RIGHT
  TO A TRIAL BY JURY. THE
  EFFECTIVENESS OF THE JURY
  SYSTEM DEPENDS UPON CITIZENS'
  WILLINGNESS TO SERVE, AS WELL AS
  JURORS' ABILITY TO BE FAIR AND
  IMPARTIAL WHILE DECIDING THE
  FACTS AND APPLYING THE LAW.
       Who can be a juror?
• 18 years old
• American Citizen
       Who cannot be a juror?
• You cannot speak or understand English
• You have been convicted of a felony during the past
  seven years OR you are a defendant in a felony case
  now.
• You are in jail or prison.
• You are a State Senator or Representative and the
  legislature is in session.
• You are a judge of the Superior Court, Appellate
  Court or Supreme Court, or you are a federal court
  judge
• Physical or mental infirmity that you believe would
  impair your capacity to serve as a juror
• Do you have any other reason for excusal?
    Dauphin County Jurors Creed
•   I am a juror. I accept the position not only as an honor but as my solemn duty.
•   I will remember the men who died to give us, and retain for us, the right of trial by
    jury, and I will reflect upon the fate of those people whose government gives them no
    such right.
•   I will act with the realization that the success of the jury system depends upon the
    willingness of men and women of integrity and intelligence to accept jury service, and
    upon the fidelity with which they discharge that responsibility.
•   I will respect the judge, his or her education, training and experience.
•   I will listen attentively to all the evidence, the arguments of counsel, and the judge's
    instructions, and will thoughtfully and impartially weigh the issues.
•   During the trial, I will not discuss the case with others nor permit others to discuss it
    with me; neither will I read about it in the newspapers, nor listen to broadcasts about
    it.
•   While hearing a case I will keep an open mind until the case is finally submitted to the
    jury.
•   I will observe the legal procedure not as red tape, but as a device developed through
    thousands of years of protection of the people.
•   I will consider all of the evidence fully and fairly uninfluenced by friendship, sympathy,
    bias or prejudice.
          Jury pool Selection
• Jurors receive summons
• Complete questionnaires
• Arrive at Courthouse in the morning
• Another Questionnaire
• Number assignment
• Draw numbers
• If your number is drawn you travel to the
  courtroom
• The judge reviews your questionnaires and asks
  if anything on there will affect your impartiality
       Jury Selection Cont’d
• The attorneys review your answers and
  each side decides who they want to
  eliminate
            Pre-trial Cont’d
• Jurors appear in court.
• Pre-trial questioning of jurors by both sides
  to determine their qualifications to serve.
  – Do you know either of the litigants?
  – Do you know anything about the case at
    hand?
               Evidence
• Must be open to both sides
             Pre-trial Cont’d
• Any potential juror can be challenged (for
  reason) due to a bias against one of the
  litigants.
• Peremptory juror challenge allows either
  side to disqualify a potential without
  reason.
• The jury may be sequestered if the judge
  orders it.
                 The Trial
• Opening--statement by the prosecution
  – Outlines evidence to be presented as proof
    that the defendant did commit the crime.
• Opening statement by the defense.
  – Outlines the evidence to support the
    defendant.
           The Trial Cont’d
• Prosecution calls witnesses and presents
  their evidence.
  – Direct Examination
  –2
• The defense cross examines the
  prosecution’s witnesses an attempts to
  challenge and discredit the evidence
  presented.
• Opportunity for redirect
           The Trial Cont’d
• After the prosecution presents their
  evidence, the defense may move for
  dismissal. If the judge agrees that the
  prosecution has failed to prove their case,
  the judge may dismiss the case.
           The Trial Cont’d
• The Defense calls their witnesses and
  presents their evidence
  – Direct Examination
• The Prosecution cross examines
• Opportunity for redirect
                 Objections
• Misrepresentation Objection– If either side feels
  the witness is misrepresenting their character.
• Leading Questions– Prosecutors must allow
  their witnesses to tell their own stories and not
  lead them through.
• Immaterial and irrelevant– Testimony is not
  closely related to the case.
• Opinions and conclusions– Unless the witness is
  an expert, they cannot testify in an expert
  fashion.
• Non-responsive answer—The witness is not
  answering the question.
           The Trial Cont’d
• Closing Arguments– Each side outlines
  the evidence they have presented in a way
  to make the jury believe that they proved
  their case.
  – Defense
  – Prosecution
         Jury Deliberates
• Discuss and weigh evidence.
• Decision must Be ______________.
        Outcomes Possible
• Guilty
• Not Guilty
• Hung Jury
                Guilty
• Sentencing
• Defendant may appeal
               Not Guilty
• Defendant is free to go
                Hung Jury
• Just like a Mistrial
• Another Trial is schedules at a later date.

								
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