Unit 5   judicial branch
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Unit 5 judicial branch

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Unit 5 judicial branch Presentation Transcript

  • 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.