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Judicial Branch

Judicial Branch. Chapters 11 & 12. 2 overriding concepts to keep in mind about the judicial system: 1. 2. State Court system: Federal Court system: Roles of the Court systems: Resolve disputes Set precedent Interpret law Strict Constructionism Loose Constructionism.

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Judicial Branch

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  1. Judicial Branch Chapters 11 & 12

  2. 2 overriding concepts to keep in mind about the judicial system: • 1. • 2.

  3. State Court system: • Federal Court system: • Roles of the Court systems: • Resolve disputes • Set precedent • Interpret law • Strict Constructionism • Loose Constructionism

  4. Organization of Federal Court System • Step 1: Trial Courts • Original jurisdiction • Divided into regions/districts • Use juries • Step 2: Courts of Appeals (Circuit Courts) • Appellate jurisdiction • Look at only issues of law • Determine cases by use of oral arguments & briefs • 13 District Courts • No juries • Each court typically has between 3-5 judges • Step 3: Supreme Court • Appellate jurisdiction

  5. Supreme Court • 9 justices • 1 Chief Justice • Nominated by President/approved by Senate • Serve life term • Current Chief Justice: John Roberts • Purpose of S.C.: Constitutional arguments, appeals court, cases involving diplomats, cases btw states or states & federal gov’t

  6. Process of S.C. case • Original trial & appeal process—must usually go through first 2 steps • Writ of certiorari(4 of 9 justices needed) • Briefs submitted • Amicus Curiae briefs submitted • 30 minutes oral arguments • Conference/vote amongst justices • Decisions are announced and typed

  7. Majority opinion • Concurring opinion • Dissenting opinion • Stare Decisis

  8. Major Supreme Court Cases • GOES AGAINST CONCEPT OF “STARE DECISIS” • Scott v. Sandford • Plessy v. Ferguson • Brown v. Board of Educ. (Topeka, KS)

  9. Miller v. California (1973) • Miller Test • Average person is “uneasy” with content • Shows excretory or sexual conduct • Lacks literary, artistic, political, or scientific value • Schenck v. United States (1919) • Texas v. Johnson (1989) • New York Times v. Sullivan (1964) • Libel • Actual malice

  10. Roe v. Wade (1973)—Norma McCorvey • Griswold v. Connecticut (1965)—Estelle Griswold • Lawrence v. Texas (2002)

  11. Miranda v. Arizona (1966) • Ernesto Miranda arrested for rape • Police forced a confession • Miranda was unaware of right to remain silent & right to an attorney • Gideon v. Wainwright (1963) • Clarence Gideon arrested for petty larceny in FL • Denied court-appointed lawyer • Created the “Public Defender” system

  12. Types of Law • Common Law • Natural Law • Constitutional Law • Civil Law • Criminal Law • Felony • Misdemeanor

  13. Trial Process • Arrest/Miranda • Arraignment • Bond/bail is set • Notified of charges • Enter a plea (guilty, not guilty, no contest) • Indictment • Grand Jury • Jury selection • Voir dire • Peremptory Challenge

  14. 5. Trial • Opening statements • Prosecution’s case • Subpoena • Defense’s case • Jury nullification • Redirect • Closing arguments 6. Verdict • Sequester • Hung jury—mistrial • Plea bargain

  15. 7. Sentencing • Suspended sentence • Probation • Imprisonment • 4 purposes of prison: • Capital punishment

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