Post responses/diagrams/questions below!
1. What are the different types of court cases? What are some examples? How do you know if you have a case? When a court case is decided, how do you know why they made a decision?
2. Who is directly/indirectly involved in court cases? In what ways?
3.How is the court system i the US set up? How does federalism help us understand the structure and appeals process?
4. Who is on the SC? What are the prerequisites for becoming a justice? How are they selected? What dot hey typically have in common?
5. What does it mean to be a conservative justice? liberal justice? What is meant by judicial independence?
6. Why would the SC look at a case? What has to happen for a case to be put on the SC docket? Who represents the government in a case?
11 comments:
This is a diagram of how the U.S court system is set up :
http://www2.maxwell.syr.edu/plegal/scales/court.html#fedapp
What does it mean to be a conservative justice ?
It can mean 3 things ... 1)a strong belief in the principle of respect for president 2) narrow views of the constitution especially Bill of Rights , view of "what is right " 3) judges who use their power to impose a conservative political agenda
http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx
This website gives a few need to know vocab words and explains the different parts of the courts and different aspects.
Here's a link that explains #5
What is meant by Judicial Independence ?
http://www.iowacourts.gov/Public_Information/About_Judges/Judicial_Independence_and_Accountability/
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&docid=J5DY3RBVtipYMM&tbnid=F9NZa-R1tCwf4M:&ved=0CAUQjRw&url=http%3A%2F%2Fwps.ablongman.com%2Flong_edwards_govtbrief_6%2F92%2F23688.cw%2Findex.html%2520contentloc&ei=SAJLUY_bHJPi9gTR0YGQDw&psig=AFQjCNEpyBeLLV7pJ11Ot5D9x-7RBAp0Yw&ust=1363956531848004
question 5: organizational chart
Explaination of the court system structure:
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/FederalCourtsStructure.aspx
Chief Justice is John G. Roberts Jr; the associate justices are Anthony Kennedy, Antonin Scalia, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito Jr., Sonia Sotomayor, Elena Kagan.
There are no specified prerequisites such as age, profession, or education, but they must be trained in law.
The Chief Justice as well as the associate justices are selected by the president and confirmed by the senate. The president nominates to fill a vacancy and then a simple majority in the senate is needed to complete the selection.
The majority of the associate justices attended Ivy League colleges and all had high profile government jobs, such as judge positions in lower courts, and government connections before they became justices.
www.supremecourt.gov
Appeals process:
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/TheAppealsProcess.aspx
Liberal justice- "someone who believes that the justices should boldly define the constitutional rights in an effort to bring about social change" as demonstrated by the Warren Court of the 60s. The constitution is a living document that must be interpreted in the social, political, and economic context of the present. They want social reform and protection of individual liberties.
http://www.nytimes.com/2009/05/31/magazine/31court-t.html?pagewanted=all&_r=0
Question 6) Why would the sc look at a case?what has to happen for a case to be put on the sc pocket? Who represents the government in a case?
- not just any case can be brought to the supreme court.
-unlike other federal courts, the Supreme Court decides which cases it will hear.
-almost all of the business of the court comes from the appellate process, and cases may be appealed from both federal and state courts (however, for it to be appealed from federal and state courts a "substantial federal question" must be involved.
- the court will not settle matters of state law. -> to obtain a hearing in the Supreme Court, a defendant convicted in a state court might demonstrate that the trial was not fair as required by the bill of rights which was extended to cover state court proceedings by the due process clause of the 14th amendment. -> however, the majority of cases heard by the sc come from the lower federal courts.
- the solicitor general represents the government in a Supreme Court case. He is sometimes called the tenth justice.
Criminal vs. civil cases
1.Criminal cases:
-examples: Rape breaking a law, drinking underage
Civil cases : No law has been broken;civil relationships between two parties
Divorce,determined by a judge
Opinion a statement of legal reasoning behind a judicial decision
-Concurring opinion ( agrees with majority but didn't write it)
-majority opinion
-dissenting opinion (plessy vs. ferguson ) (what the losers write
2.supreme court requires the Chief Justice to in the majority to write the opinion or assign it to someone elseIf you have a case you have standing to sue -prove to the court
-have to show har
In Supreme Court there are no juries- depends on the state and lawyer to request a jury trial depending on argument
3.No mere formality
Directly involved. : Lawyer plantiff and dependent and interest groups ( who submit amicus curaie briefs) , lawyers (some public and you can hire)
Everyone always has a lawyer
4.Original - 1st time heard about
Appelate- appeal to higher court court
Appeals Process
Justiciable process -can be solved in a court cases
5.All justices attended IV league schools;they were judges at lower hiearchy levels
Prez picks them senate confirms
In order to maintain prez legacy they appoint Chief Justice (appointed by Bush . young chief justice. John Roberts) rather than appoint
Borked - want justices that consider all sides (senate confirmation of nominees was a routine procedure)
Sterodecises -making judgements based on precedent
Precedent -past cases
Original intent -strict construction of the constitution, judicial restraint- conservative
Liberal -brown vs. board, practice judicial activism loose construction
Not supposed to be affected by the public
No jury or media in Supreme Court
-all they hear are oral arguments by lawyers
Solicitor general represents the government -the attorney general
Post a Comment