Courts

1. POL 240-01
Fall 2015

4.  Provide Security
 Provide Predictability
 Conflict Resolution
 Reflect and Enforce
Conformity to Societal
Values
 Distribute Benefits
and Allocate Costs of
Society

6.  U.S. system based on English common law
 Importance of precedent
 Sixth Amendment
 "In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an
impartial jury..”

8. SUBSTANTIVE LAW
 Actions we can and cannot
legally perform under law
PROCEDURAL LAW
 Establishes procedures
used to conduct the law

9.  Behaviors threatening, harming, or
endangering safety of citizens
 Crimes against State
 Examples: Theft, Assault, Robbery, Murder
 Jail time or community service

10. FELONIES
 Murder, arson, burglary,
kidnapping
 Jail time
MISDEMEANORS
 Disorderly conduct,
trespassing, vandalism
 Probation or community
service

11.  Regulate interactions between individuals
 Plaintiff sues Defendant
 Examples:
 Defacing property
 Causing physical harm
 Breaking contract

12.  Statutory Law:
 Laws made by federal or state legislatures
 Administrative Law:
 Laws established by bureaucracy

14. STATE
SUPREME
COURT
TRIAL
COURT
APPELLATE
COURT

15.  Trial Court
 Cases heard for first time (original jurisdiction)
 Court of Appeals
 Hear appeals from trial courts
 State Supreme Court
 All decisions are final unless federal question

18.  #1: Legislative Appointment
 Legislative committee screens candidates
 Judges subject to reappointment by legislature
 #2: Gubernatorial Appointment
 Ideology, Competence, Demographics, Politics
 #3: Partisan Election
 Candidate must win primary election before general race
 #4: Nonpartisan Election
 #5: Merit Selection

19.  Step #1: Nominating committee evaluates
judge candidates; sends names to governor
 Step #2: Governor appoints person for term
 Step #3: After initial period, person voted on
through retention election
 Problems?

20. These men and women comprise
the current Kentucky Supreme Court.

23.  Legal Model
 Focus on legal principles
▪ Judicial Restraint (change only if necessary)
▪ Judicial Activism (more leeway in making changes)
 Attitudinal Model
 Focus on policy preferences
 How we do know preferences? (Party of Governor)
 Strategic Model
 Focus on strategic considerations
 Justices’ decision-making; political environment

25.  Majority Opinion
 Agreement on ruling and reasoning
 Plurality Opinion
 Absence of majority
 Agree on ruling, but NOTon exact reasoning
 Concurring Opinion
 Agree with ruling but disagree with reasoning
 Dissenting Opinion
 Disagree with ruling and disagree with reasoning