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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 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 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) 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 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 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 “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 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 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: 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: “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: 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” 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 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