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Judicial System. Court System. State Supreme Court. U.S. Supreme Court. State Courts of Appeals. Federal Courts of Appeals. State Trial Courts (Superior Courts). Federal District Courts. at least 1 per county. at least 1 per state CA has 4. Federal Judges. selected by President
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Court System State Supreme Court U.S. Supreme Court State Courts of Appeals Federal Courts of Appeals State Trial Courts (Superior Courts) Federal District Courts at least 1 per county at least 1 per state CA has 4
Federal Judges • selected by President • confirmed by the Senate • lifetime tenure • a lawyer, usually with political experience
CA State Judges • Superior Ct: • often appointed by governor midterm • elected to 6 year terms • run against (some) opposition • Appellate and Supreme Ct: • always originally appointed by gov • must be approved by voters for 12 year terms • “Shall ______ be elected to office”--does not run against opponents • --if answer is “no”, gov appoints someone else
Jury Instructions • Since 2003—plain language reform
Legal System • British-American case law, not code law • precedent and stare decisis • Marbury v. Madison and “judicial review” • courts judge the constitutionality of all government actions
Limits on Judicial Power • Judges have to wait for a case to come to them • legislature can revise laws • Limited power of enforcement
Some key legal terms • civil and criminal • suing for a damage, versus government punishing with a fine or imprisonment • Infraction, misdemeanor and felony • A fine, versus a crime punishable by one year or less imprisonment, versus more
Recent trends in the USSC • Warren Ct (1953-69) • “heroic” period of the liberal “activist” court • desegregation, privacy, free speech, rights of the accused • Berger Ct (1969-86) • narrowing some landmark liberal decisions, but extending others • Rehnquist Ct (1986-2005) • holding off a major change in direction--but often by only one vote • Roberts Ct (2006- ) ??
Present US Supreme Ct • Samuel Alito • John Roberts • Stephen Breyer • Ruth Bader Ginsberg • Clarence Thomas • David Souter • Anthony Kennedy • Antonin Scalia • John Paul Stevens • One woman, one black, two Jews, five Catholics, seven Republicans
CA Supreme Court with Chief Justice Ronald George Janice R. Brown now replaced by Carol Corrigan: 3 women, 1 Latino, 1 Asian, 6 Republicans