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Provide a forum for the resolution for disputes between two parties.
Regulates disputes between branches of government.
Courts make public policies |
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| To be adversarial, each side battles as equals before judges find a resolution, one side wins and one side loses. |
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a. First court to hear a case
b. Witnesses testify, evidence is presented
c. Finders of fact. |
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| Courts in which groups of judges decide cases based on a review of the record of the lower court trials. |
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| Differences between civil and criminal law |
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| Civil law pertains to non criminal charges such as a person owes someone a debt and hasn't paid, a landlord taking a tenant to court to get any rent due, etc. Criminal law deals with criminal activities such as D.W.I.'s, robberies, assaults, etc. With criminal laws you have to prove beyond reasonable doubt and with civil you have to prove preponderance of evidence. |
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| the authority of a court to hear a case. |
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| Power of a court to declare a legislative act or executive action invalid because of its incompatibility with a constitution |
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| FEDERAL: US District Courts (94) > US Courts of Appeals (12) > US Supreme Court |
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"Typical" State Systems
(overview) |
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| STATE: Minor State Trial Courts >-> Major State Trial Courts > State Intermediate Courts of Appeals > State Courts of Last Resort > US Supreme Court |
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| Jurisdiction of Federal Courts |
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1. Diversity of citizenship
2. Cases involving federal questions |
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| Jurisdiction of State Courts |
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Definition
1. Everything else
2. State courts can also interpret the U.S. Constitution, federal laws and treaties. |
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| Lowest tier of the federal court system and are the trial courts of the federal system. |
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| Court to which all federal district court decisions may appealed. The intermediate appellate courts in the federal system. |
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| The Highest Court of the United States. |
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| Selection and confirmation of Article III judges (federal) |
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Definition
-Nominated by President and confirmed by Senate.
-Life-tenure
-Removed by impeachment. |
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| Methods of judicial selection used by the states |
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Definition
-Partisan/Nonpartisan Election
-Gubernational appointment
-Legislative appointment
-Merit selection |
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| Judges should be accountable to the public and/or elected branches of government. |
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| Judges should be free to render decisions consistent with their best understanding of the law, free from outside influences. |
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| Unique characteristics of TX judicial system |
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-partisan elections for judges
-2 courts of last resort |
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| Supreme Court's original jurisdiction |
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| established by the constitution |
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| Supreme Court's appellate jurisdiction |
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Definition
-established by Congress
-Most appeals are discretionary
-Certiorari
-Rule of Four |
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| Current justices on the United States Supreme Court (Chief and Associates) |
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Definition
Chief Justice: John Roberts
Associate Justices: Antonin Scalia
Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Elena Kagan |
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| A document issued by the Supreme Court indicating that the Court will review a decision made by a lower court. |
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| To issue a cert requires the vote of four justices. |
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| Marbury v. Madison (1803) |
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| Supreme court decision in which the court first exercised the power of judicial review |
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| Arguments for and against judicial review |
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Definition
Against: Judges are not elected and their decisions could thwart the popular will.
For: Some sorts of things (the application of fundamental rights) should be above the realm of day-to-day politics, and because the courts are out of the political process, they can preserve rights even when doing so is unpopular. |
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Definition
a. Review decisions of other courts
b. No witness testimony or new evidence.
c. Review questions of law. |
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| A written opinion prepared by judges who vote with the majority but who wish either to disagree with some aspect of the majority opinion or to elaborate on the decision. |
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| A written opinion presenting the reasoning of judges who vote against the majority. |
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| the first court to hear a case |
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| Only that court has the authority to hear the case. |
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| where a court might have authority to hear the case but other courts have authority to also hear the case |
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| means a court has to hear the case. The court can't decide not to hear a certain case under this jurisdiction. Judges don't get to decide not to hear a case |
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| Discretionary Jurisdiction |
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Definition
| Most state supreme courts and US supreme court has this; when someone loses a case in the lower court, the US Supreme Court, for example, can accept the case or deny the case. |
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| the power of a court to review decisions and change outcomes of decisions of lower courts |
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| Rights that embody the right to equal treatment under the law |
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| Equality of opportunity versus equality of outcome |
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Definition
Equality of opportunity means that everyone gets a chance to qualify or fail to qualify.
Equality of outcome means that some people must be hired on the basis of who they are (i.e. gender, race, mobility etc.) rather than what they can do. In other words, a quota system. |
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| Abolishes slavery and involuntary servitude, except as punishment for a crime |
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| Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws |
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| Prohibits the denial of suffrage based on race, color, or previous condition of servitude |
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| The Civil Rights Cases (1883) |
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Definition
| The Supreme Court said the Civil Rights Act of 1875 was unconstitutional. They said the law could only outlaw discrimination within the federal government. |
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| Plessy v. Ferguson (1896) |
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| Supreme Court decision declaring separate but equal public facilities constitutional. |
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| NAACP and Civil Rights Litigation |
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Definition
-Started with court movements about law school admissions
-Thurgood Marshall was the leader of the court movements
-Strict scruitiny
-Used reasoning that black children felt inferior by being segregated |
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| Brown v. Board of Education I (1954) |
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| Supreme Court decision declaring racial segregation in schools unconstitutional |
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| The Civil Rights Act of 1964 |
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Definition
| Prohibits segregation in public accommodations. Prohibits discrimination in education and employment. |
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| The Voting Rights Act of 1965 |
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| outlawed discriminatory voting practices in the states |
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| Racial segregation that is legally sanctioned. |
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| Segregation that occurs as the result of decisions by private individuals. |
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| Programs designed to enhance opportunities for race- or gender- based groups that have suffered discrimination in the past. |
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| Establishes women's suffrage. |
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| a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest, it's not the least restrictive means for achieving that interest, and it's not narrowly tailored to achieve that goal |
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| constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender |
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| Discrimination in the workplace |
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Definition
-1989: Ward’s vs. Antonio
-Title VII
-Civil Rights Act of 1964 |
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| Intermediate/heightened scrutiny |
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Definition
| Used by the Supreme Court in cases challenging gender inequality; the law or policy must show an important government interest and the means must be substantially related to achieving those ends |
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| any other kind of discrimination by government must be a legitimate state interest and the means must be reasonable for achieving those ends |
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| Congress passed a law outlawing segregation in theaters, restaurants, public transportation places, etc. It prevented blacks from being excluded from jury duty |
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| The fundamental freedoms that together preserve the rights of a free society |
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| Rights that embody the right to equal treatment under the law |
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| The case-by-case process through which the Supreme Court applies the Bill of Rights to the states by invoking the due process clause of the Fourteenth Amendment. |
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| The Civil War and the Bill of rights |
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Definition
-Few civil liberties before the civil war
-Bill of Rights only applied to the federal government not to the states
-Fifth Amendment: limited the federal government but not those of the states
-Barron vs. Biltmore: civil liberties could not be applied |
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| Fundamental freedoms doctrine |
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Definition
| Constitutional provisions like free speech, press, etc. ought to be given special preference because they are basic to the functioning of a democratic society. |
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| The right to express any opinions without censorship or restraint. |
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| Verbal communications of ideas and opinions |
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| An act that conveys a political message |
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| a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest, it's not the least restrictive means for achieving that interest, and it's not narrowly tailored to achieve that goal |
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| Categories of unprotected speech |
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Definition
| obscenity, libel, slander, sedition, fighting words |
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| Rights of the criminally accused |
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Definition
-Protection from unreasonable searches and seizure
-Protection against self-incrimination
-Impartial Juries
-Right to Counsel
-Double Jeopardy
-No cruel and unusual punishment |
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Definition
| Where the fourth amendment states that law enforcement must have probable cause to search personal affects; can only take what they went into search for |
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| Legal standard that says illegally obtained evidence cannot be admitted in court. |
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Definition
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court law.
3. You have the right to talk to a lawyer and have him present with you while you are being questioned.
4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements. |
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Definition
| Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel (i.e. lawyers), and if he cannot afford his own lawyer, requiring that the government should appoint one for him, or pay his legal expenses. |
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| When must the government provide a criminal defendant with an attorney? |
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Definition
| When the criminal defendant cannot afford his own lawyer |
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| Cruel and unusual punishment |
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Definition
| Punishment that does not fit the nature of the crime, prohibited by the eighth amendment |
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| Right to a speedy, public trial by an impartial jury. |
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| a civil right guaranteed by the 6th amendment to the US Constitution |
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| When is the death penalty considered cruel and unusual punishment? |
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Definition
o Underage
o Mental capacity
o Has nothing to do with death |
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| Free exercise of religion |
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Definition
| practicing religion without government interference |
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| Freedom from establishment of religion |
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Definition
| Denies government power to establish one religion and limit the practicing of religions |
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| Supreme Court standard for determining whether the First Amendment's establishment of religion clause has been violated. |
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| forbids governmental practices that a reasonable observer would view as endorsing religion; championed by Sandra Day O'Connor |
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| violates establishment clause if it provides direct aid to religion in a way that would establish a state church or coerces people to support or participate in a certain religion against their will |
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| Court ordered mandate that gives reason for detaining a person for 48 hours |
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| Read page 482 6th amendment |
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