Court Systems and legal procedure

1. Court Systems and legal procedure

2. We have a dual courtsystemWrit of Certiorari, Appellate, original jurisdiction, majority opinion, minority opinion (dissent), concurring opinion,

3. Adversarial—one side against the other • Plaintiff—person or state that sues (brings the claim • Defendant—person who is being sued • Follow the Bill of Rights to understand the nature of the judicial process • 4th Amendment--- • 5th Amendment— • 6th Amendment— • 8th Amendment--

4. Criminal Process and Rae Caruth • While watching the film on Rae Caruth, write examples of the Criminal Process for every protection found in the 4th, 5th, 6th, and 8th Amendments. • Appeal notes

5. Warm-up • On a separate piece of paper, explain the criminal process using the 4th, 5th, 6th, and 8th Amendments.

6. Types of Laws • Criminal Law—State vs. individual—public wrongs—offenses against the public order—end result is punishment—Plea Bargain---aquital—Two classifications of crimes • Felony—1 year in prison and/or a 10,000 fine • Misdemeanor—lesser offense—small fines or short jail term • Civil Law (Tort) Individual vs. Individual—disputes between private parties—human conduct—end result is money—divorce, custody, torts (private wrongs)—Settlement--liable • Juvenile Courts--Rehabilitation is goal, not punishment!! • Fundamental laws—rules found in Constitutions • Statutory Law--laws passed by the legislature • Common Law--Unwritten judge made law • Administrative Law--, orders, and regulations issued by federal, state, or local agencies

7. Warm-up • Name 4 types of laws every citizen must be concerned about. Give an example of each.

8. How a Bill Becomes a LawBill to a law • Debate—Open discussion by both sides of an issue • Debate Clause • Article I, Sec. 6, Clause 1 • Compromise • Finding the position most acceptable to the largest number: process of blending and adjusting competing views and interests

9. Process • Senate House • 1. Introduced Introduced—Bill for Revenue MUST begin in House • 2. Sent to Standing Committee Standing Committee • 3. Floor for Debate Floor for debate • Filibuster Limited • 4. Sent to House Sent to Senate • 5. Conference Committee • 1 bill sent back to House and Senate • 6. Now to President

10. Presidential Actions 1. Veto—saying no to the bill and sent back to Congress • Override by a 2/3rds Vote 2. Sign the legislation 3. Do nothing—Bill becomes a law within 10 Days • Pocket Veto—If Congress adjourns within the 10 days, the bill dies without any presidential action • See Article I, Section 7—How a bill becomes a law