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Court Procedure

Court Procedure. Civil vs. Criminal Cases. Civil Cases Relations between private citizens. (corporate citizens). 81 year old woman awarded millions of dollars for spilling her coffee on herself. Tort Reform. Civil Suits cost the US Economy over 200 billion dollars a year

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Court Procedure

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  1. Court Procedure

  2. Civil vs. Criminal Cases • Civil Cases • Relations between private citizens. (corporate citizens) 81 year old woman awarded millions of dollars for spilling her coffee on herself

  3. Tort Reform • Civil Suits cost the US Economy over 200 billion dollars a year • How can we stop the madness • Some people advocate putting caps on how much money one can win in a civil suit. • Medical Mal Practice

  4. Civil vs. Criminal Cases • Criminal Cases • regulates individual conduct as enforced by the state and national governments

  5. There are Many Lawsuits and Crimes…. • …But most cases never get to court. • Most Civil Disputes are Settled out of Court • Most Criminal Cases are settled due to plea bargains or dismissals

  6. Hearing and Deciding • Court Term starts in October and runs until June or July • Each Attorney gets 30 minutes to present an oral argument at the beginning of the week. (Monday-Wednesday) • After each Attorney presents, the Justices have until the end of the term to render an a ruling • The Rulings are Called OPINIONS

  7. Factors in Deciding • Past Court Documents (writ of Cert) • Past Decisions in a Court Case • Amicus Curiae • “Friend of the Court” Brief • A legal brief filed by a non litigant group or individual that wants to attempt to influence the court. • Example: Gratz and Grutter v. Bollinger • Fortune 500 companies and multiple Army Generals filed Amicus Curiae briefs on behalf of the University of Michigan

  8. Judicial Philosophy • Judicial Activism • Demonstrates a willingness to change laws • Protect minorities and Legislative irresponsibility • Judicial Restraint • Legal Positivism • “Let the law makers make the laws” • Originalism • Follow the original intent of the framers and the constitution

  9. Types of Opinions • Majority • reflects the ideas of the Majority (5-4. 6-3…) The legal reasoning for the decision becomes the Legal Precedent in Future Cases • Concurring • Justice agrees with the verdict but not the reasoning • Dissenting • One or more justices disagrees with the opinion of the majority or plurality

  10. Majority Opinion • Majority opinion sets the legal precedent for future cases based on the principal of • STARE DECISIS- • “Let the Decision Stand” • We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and other similarly situated . . . are . . . deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.

  11. Appointments • The selection of judges is a very political process • In general presidents try to select well-qualified individuals for the bench, but they use appointments to further their own political philosophies • Hearings conducted by the Senate Judiciary Committee; majority vote in the full Senate • Who are our Justices? • Chief Justice: Roberts • Breyer • Kagan • Sotomayor • Alito • Thomas • Kennedy • Ginsburg • Gorsuch

  12. Federal v. State Courts • SEPARATE COURTS • Only one overlap….WHAT IS IT???

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