Download Unit 5 – The Judicial Branch, Law and Courts, Civil Liberties and

The Judicial Branch, Law
and Courts, Civil Liberties
and Civil Rights
Unit 5
Jurisdiction – a court’s authority to
hear and decide a case
 Original – courts hear and decide cases for
the first time
 Appellate – cases that have been appealed
– lawyer on the losing side of a case disputes
the verdict
 Exclusive – only federal courts hear and
decide these cases
 Concurrent – state and federal courts share
jurisdiction
Federal Court Exclusive Jurisdiction
 The Constitution
 Federal Laws
 Maritime Law
 Cases involving the U.S. government
 Controversies between states
 Disputes involving foreign governments
 Cases involving U.S. diplomats
The U.S. Supreme Court – highest
court in the land
 Original jurisdiction in cases involving
disputes among states or cases involving
diplomats from other countries – rarely used
 Appellate jurisdiction – main responsibility
is hearing cases that originated in lower
courts
Supreme Court appointment
 Justices to the Supreme Court are appointed
by the President and approved by the Senate
 Recently rejected nominations – Robert Bork,
Douglas Ginsburg, Harriet Miers
 Justices serve for LIFE
Supreme Court Members
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John Roberts – Chief Justice – appointed by Bush (2005)
Antonin Scalia – appointed by Reagan (1986)
Anthony Kennedy – appointed by Reagan (1988)
Clarence Thomas – appointed by Bush (1991)
Ruth Bader Ginsburg – appointed by Clinton (1993)
Stephen Breyer – appointed by Clinton (1994)
Samuel Alito – appointed by Bush (2006)
Sonia Sotomayor – appointed by Obama (2009)
Elena Kagan – appointed by Obama (2010)
Judicial Review
 Supreme Court can review any federal or
state law to determine if it is in agreement
with the Constitution
 If the Supreme Court declares a law
unconstitutional, it has the power to nullify
(cancel) that law
 Judicial review is not in Constitution –
established officially in Marbury v. Madison
(1803)
The Supreme Court will refuse to hear
a case if…
 the person challenging the law is not harmed
 the case is asking for an “advisory opinion” –
rule on whether a proposed law would be
constitutional
 the decision will make no difference – if it is
moot
 the case involves “political questions” – Bush
v. Gore (2000)?
Two main ways a case reaches the
Supreme Court
 On appeal – only about 10% of all cases the SC
hears
 involving questions of a law’s constitutionality
 four of nine justices must agree to hear the case
– “rule of four”
 Writ of certiorari – lawyers petition the court for “a
cert”
 must cite some error or raise a constitutional
issue
 Most cases are refused – stare decisis – “let the
decision stand”
Supreme Court procedure
 Lawyers on both sides file briefs – written
document arguing one side of a case
 Case is placed on the docket – court’s
schedule to hear cases
 Law clerks research, summarize cases
 “Sittings” – SC hears cases – lawyers have
30 minutes to present their case
 Conference – regularly scheduled meetings
to discuss and decide cases
Decision = Opinion
 Opinion – summarizes the case and presents the
questions of law, the ruling, and the reasoning
 Majority opinion – presents the views of the justices
who supported a decision – must be written
 Concurring opinion – supports the majority but
offers different reasons
 Dissenting opinion – AKA Minority opinion – written in
disagreement with the majority
Judicial Philosophy
 Judicial restraint – decisions should not
contradict the wishes of elected officials
unless their actions clearly violate specific
provisions in the Constitution
 Judicial activism – justices should take an
active role in making policy, even if it means
going beyond the actions of the elected
branches
Federal Court System
 District Courts – original jurisdiction over cases
involving national law
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94 District Courts – decisions are appealed to …
 U.S. Courts of Appeals – AKA Circuit Courts
 12 Circuits – 6-28 judges - NC is in 4th Circuit
 U.S. Tax Court
 U.S. Court of Federal Claims
 U.S. Court of Military Appeals
 U.S. Court of International Trade
Sources of Law - Roots
 U.S. Constitution – supreme law of the land
 Statutory Law – all laws created by elected
branches
 Common Law – made up of precedents –
previous courts’ decisions that are used as a
guide
 Equity - fairness
Private Law (Civil Law)
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Property – ownership and use of
Contracts – formal legal agreements between 2 or more people
Family relations – marriages, divorces, child custody
Torts – a wrongful act that injures another person or property
 Intentional – willful act done with the purpose of harming
someone
 Negligence – someone fails to do something that a
reasonably careful person would do
 Strict liability – someone is held responsible even though
they were not intentional or negligent
Public Law
 Administrative – rules and regulations from various
governmental agencies
 Constitutional – interpreted by the S.C.
 International – customs, treaties, rulings by the
World Court
 Criminal – protect the public, punish wrongdoers,
prevent future crimes
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crimes against people
crimes against property
Felonies – most serious offenses
Misdemeanors – less serious criminal offenses
Criminal court procedure
 Investigation
 Arrest – with a warrant and Miranda rights read
 Brought before a judge – if misdemeanor plea is
entered, if felony a date for a preliminary hearing is
set
 Bail – incentive for the defendant to return to court
for trial
 Get bail from a bondsman
 Held without bail
 “on recognizance” – no bail
Criminal Court Procedure con’t
 Preliminary hearing – to determine if enough
evidence exists to go to trial
 Grand Jury hearing – constitutional right in federal
cases
 Arraignment – charges (indictment) are made in
public
 Plea – answering the charge
 Not guilty
 Not guilty by reason of insanity
 Guilty
 Nolo contendere – no contest
Criminal Court Procedure con’t
 A trial is an adversarial process – two groups
of persons opposing one another – to ensure
fairness
 Litigants – those involved in the trial
 Plaintiff – litigant who brings the charges
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Civil case – a lawsuit
Criminal case - prosecution brings the
charges, always the government
Trial process
 Litigants issue subpoenas – court orders
commanding witnesses to testify
 Pre-trial discovery – both prosecution and
defense allow each other to examine any
evidence that they intend to use
 Depositions – formal interviews of witnesses
given under oath before the trial
 Pre-trial motions – evidence, venue
Trial process con’t
 Jury selection – can be disqualified for cause or
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“peremptory challenge”
Opening statements by litigants
Prosecution presents evidence with defense crossexamination
Defense presents evidence with prosecution crossexamination
Verdict – the decision
 Guilty beyond a reasonable doubt
 Not guilty – acquittal
 Mistrial
Sentence
Civil Liberties/Civil Rights
 Civil Liberties – restrictions on the
government – located in the Bill of
Rights
 Civil Rights – actions taken by the
government to bring rights (freedoms or
entitlements) to groups of people that
previously did not have those rights
Freedom of Religion – two types
 Establishment clause – forbids the government from making
any law about an “establishment of religion”
 Everson v. Board of Education (1947) – “Neither a state nor
the federal government can set up a church. Neither can pass
laws which aid one religion, aid all religions, or prefer one
religion over another. Neither can force a person to go to or to
remain away from church against his will, or force him to profess
a belief or disbelief in any religion.” – Justice Hugo Black. He
also quoted Jefferson that the purpose of the establishment
clause is to create “a wall of separation between church and
state.”
Freedom of Religion – two types
 The Free Exercise Clause – prevents the
government from restricting people’s religious
practices – you have the freedom to believe
and worship as you wish
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Limit: cannot infringe on the health, safety,
welfare, or morals of society
Reynolds v. U.S. (1879) – law against
polygamy was not in violation of religious
freedom
Freedom of Speech
 Actually means freedom of expression –
three types of speech covered
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Pure speech – the spoken word
Speech plus – speech with some kind of
action
Symbolic speech – actions/objects replace
words in expressing ideas
 Limits – sedition (rebellious speech), “clear
and present danger”, imminent danger,
defamation (both slander and libel), “fighting
words”
Freedom of the Press
 Some governments of the world strictly
control the press. However, in the U.S., the
First Amendment generally prohibits
censorship.
 Limits and issues: obscenity/pornography,
Pentagon Papers, advertising limits, FCC –
regulation and fairness, Freedom of
Information Act – sunshine laws, shield laws
Freedom of Assembly
 First Amendment refers specifically to
“peaceable” assemblies.
 Simple rule regarding limit on freedom of
assembly – it must be peaceable. The
moment the assembly turns violent – loss of
freedom
Civil Liberties – Due Process of Law
 Due Process – fairness and equality under
the law – two forms:
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Substantive due process – laws as they are
written must be reasonable and fair
Procedural due process – methods for
carrying out laws must be applied fairly and
equally
Fourth Amendment – Protection against unlawful
search and seizure
 Contains two guarantees:
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“The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures shall
not be violated”
“No warrants shall issue but upon probable
cause, supported by oath or affirmation and
particularly describing the place to be
searched and the persons or things being
seized.”
Exceptions to 4th Amendment
 Police may search and seize evidence without a warrant in the
following situations:
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Search a car without a warrant if they have probable
cause to believe it contains illegal items
Warrantless search of a person with permission
Warrantless search if police are in pursuit of a suspect
Warrantless seizure of evidence that is in “plain view”
Fly-overs are permissible
 In most other situations where a warrant was not obtained, court
may apply the exclusionary rule
 Mapp v. Ohio (1961) – applied the exclusionary rule for
unreasonable search and seizure
 Surveillance issues – current problems with terrorist threat
Fifth Amendment – Protects the rights
of the accused
 Protection against self-incrimination – you
do not have to be a witness against yourself
 Protection against double jeopardy – you
cannot be tried for the same crime twice
Sixth Amendment – Speedy, public,
fair trial
 Speedy – no undue delay between arrest and
trial
 Impartial jury
 Right to know charges
 Right to confront witnesses
 Right to call defense witnesses
 Right to an attorney – Gideon v. Wainwright
(1963), Escobedo v. Illinois (1964)
Other Protections
 8th Amendment – protects against cruel and
unusual punishment
 No excessive bails, no “barbaric” torture or
punishment
 Protection of privacy – “zones of privacy”
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Thoughts and beliefs
Personal information
Family and personal relationships
Civil Rights – Steps backward and
forward
 Dred Scott v. Sanford (1857) – Dred Scott
could not sue for his freedom because he
wasn’t a citizen
 Civil War Amendments – 13th, 14th, 15th
Amendments
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13th – Abolished slavery
14th – provided citizenship and equal
protection under the law
15th – gave African-American men the right to
vote
Forward and backward
 Segregation – separation of blacks and
whites in public places – Jim Crow laws
 School segregation – Plessy v. Ferguson
(1896) – “separate but equal” doctrine
 Desegregation of schools – AKA integration –
Brown v. Board of Education of Topeka, KS
(1954) – schools were not equal under the
separate but equal doctrine
 Civil Rights Act (1964), Voting Rights Act
(1965)
Rights for other minorities
 Civil Rights Act of 1964 offered protection to
all races, religions, ethnicities
 Bilingual education offered to ESL students
 American Indians – hold dual citizenship
 Protection against age discrimination
 Protection for disabled Americans
 Work needs to be done on gender
discrimination