Courts of original jurisdiction.

They receive cases first, consier the available evidence, and make the initial decision.

Have appellate jurisdiction.

They review specific errors that allegedly occurred in trial court processes or in decisions of appellate courts beneath them in the judicial hierarchy.

The U.S. Supreme Court is an unusual appellate court in that it also has original jurisdictin in limited categories o cases defined in Article III of the U.S. Constitution, usually lawsuits between the governments of two states.

1. Resolve civil disputes

2. Arena for judgements on crimes

3. Policy making institutions

In civil cases of less than ______? judge tries case.

No jury of peers

_____ inforces laws

_____writes laws

_____interprets laws

The tyranny of the majority

Protect the minority

Ruth Bader Ginsberg

Drinking age for men in Oklahoma

Case in which the U.S. Supreme Court asserted the power of judicial review despite the fact that this is not explicitly mentioned in the U.S. Constitution.

The court has only exercised its power of judicial review of presidential actions a handful of times since its inception.

1. Partisan elections

(declare party membership)

2. Non Partisan elections

(do no declare party membership)

3. Merit Selection

(merit)

4. Gubernatorial or legislative appointment (appointment by governor until elections)

The weakest of the three branches

(they hold not the purse or the sword)

Barron believed road construction has ruined his wharf and violated his protections inder the Fifth Amendment. 

Ruling: Fifth amendment protects agains actions by the federal government not against actions by the state and local government.

against Barron

DP with JC

Due process with just cause

DP and EP

Due process and equal protection.

A statement of rigths in the Fifth Amendment (aimed at the federal government) and Fourteenth amendment (aimed at state and local governments) that protects against arbitrary deprivations of life, liberty or property. 

Benjamin Gitlow - member of the socialist party who distributed publications that advocated overthrowint the U.S. government.

Argued that First Amendment right to free speech is included in the protections of the Fourteenth Amendment due process clause.

Ruling: against Gitlow

Near criticized the government in his press publication. 

Prior Restraint - A governmental attempt to prevent certain information or viewpoints from being published.

First Amendment freedom of th press applies against states through the 14th Amendment

R.A.P.S.

Religion

Assembly

Press

Speech

Government will not establish a national religion.

Freedom from religion

Right to excercise any religion you want.

Freedom of religion

Reasonable restrictions on assembly

(time, place, manner)

Hate speech

Fighting Words

Defines the authority of the judiciary, yet there is no mention of the judiciary's power of judicial review.

Declare that threre will be one Supreme Court

The tenure of federal judges shall serve during "good behaviour"

Their salaries shall be be diminished.

Defines the crime of treason

Flag Burning

Gregory Johnson

(protester at the 1984 Republican NaionalConvention who burned an American flag during a political demonstration.)

Brandenburg was member of KKK

Refined clear and present danger test

(unless it is an immediate threat, it is allowed)

Schenck was prosecuted under the espionage act, he was general secretary of the Socialist Party and distributed leaflets urging people to resist the draft

Clear and present danger test would permit prosecution only for speeches and publications that actually posed a tangible threat to American Society.

Oliver Wendell Holmes

Argued for a clear and present danger test that would permit prosecution only for speeches and publications that actually posed a tangible, immediate threat to American society

(Schenck vs United States (1919))

Self Incrimination

Procedural Due Process

Protects against double jeopardy

Miranda Rights

Charles Schenck

Secretary of Socialist Party of United States

Convicted of espionage act 1910

Ruling against Schenck (clear and present danger) Oliver Wendell Holmes

Fears that the constitution had failed to privide enough legal protections for individuals.

Were added to provide Civil Liberties.

Racial Discrimination

Does the govenment show a compelling justification for any laws, policies or practices that result in racial discrimination

Gender Discrimination

The government need only show a substantial justification, rather that a compelling reason to explain the differential treatment of men and women.

For all other form of discrimination (not gender or racial)

Is the government's law, policy, or practice a rational way to advance a legitimate government interest?

Obscenity ( Community Standards)

The basic guidelines for the trier of fact must be:

(a) whethere tthe "averge person, appplying contemrorary community stadards" would find that the work, taken as a whole, appeals to the prurient interest

(b) whetheer the work depicts or describes, in a patently offensive way, sexual conduct specirically defined by the applicable state law

(c) whether the work, taken as whole, lacks serious literary, artistic, political, or scientific value.

Right to a speedy and public trial

Right to confrontation

Right to trial by jury

Right to counsel

Prior restraint is the government's attempt to prevent certain information or viewpoints from being published.

Near vs Minnesota

To relieve heavy caseloads

(mediation / arbritration)

Cheap, fast, simple

(lawyers not allowed)