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Unit 4 Day 16
Objective: Discuss the dimensions of power exercised today by the Supreme Court and the opposing viewpoints on an activist Supreme Court.
Drill:
1. What are the grounds for an appeal?
2. Why are jury trials available only once in our legal system.
HOW IS A LEGISLATIVE COURT DIFFERENT THAN A TRADITIONAL COURT?
Warm Up 2/23
Set up by Congress for a specialized purpose, staffed with people who have fixed terms of office and can be removed or have their salaries reduced.
Objectives
Describe the principles of the legal systemExplain the process of becoming a federal
judgeList the steps for how a case moves through
the Supreme Court
Principles of Our Legal System
Equal JusticeGoal of the American Court System to treat everyone alike.
Grants all people rights:Trial by jury of peers5th-8th Amendments spell out the “Equal Justice Under the Law Principle”
Due Process of Law5th and 14th Amendments
Substantive Short Hand of rightsConstitutional- Free
SpeechImplied- Right to
make private decisions.
5th and 14th Amendments
ProceduralProhibits arbitrary enforcement of the law
Makes sure Law Enforcement protects your rights
Adversary System
Opposing lawyers fight, using their best cases, to help their client.
They are to work to the full extent of the law to defend or prosecute.
The judge is impartial.
Presumption of Innocence
You are innocent until proven guilty
The burden of proving an accusation falls on the prosecution/plaintiff.
Defendants do not have to prove innocence.
Court Terms!
Vocab!
Litigant 1. Plaintiff 2. Defendant – Plaintiff v. Defendant
Standing – Pledge CaseTest Case – PlessyAmicus CuriaeAcquittal – “If the glove doesn’t fit, you
must acquit”Burden of ProofPrecedent – Stare Decisis Other words from your cases?
Supreme Court Judges
Judges Judges hold their commission “during good Behavior” Presidential Legacy Presidents use the White House Counsel, DOJ, FBI
background checks; not using ABA as they have in the past.
Congress sets salaries (but cannot lower them during their tenure) Chief $203,000 Associate Justice $194,000 Appeals Judges $168,000 District Judges $158,000 Magistrate Judges $145,000 Law Clerks
Getting on the Court: Senatorial Courtesy
For appointments to Federal District & Appeals Courts: The Senate will not confirm a nominee
who is opposed by the senior senator from the nominee’s state if that senator is a member of the President’s party
For example, the senior Senator from MD is Barbara Mikulski. Since she is in Obama’s party, the Senate will not confirm a judge from MD to the federal bench without her OK.
However…any senator can put a “hold”
Senate Judiciary Committee
Chairman: Patrick J. Leahy, Vermont (D)
Since 2009 Obama has made about 220 nominations, most of whom are either confirmed or awaiting hearings by the committee
Getting a case through the court
OpinionsOpinion is written – it often takes many months and
many drafts• Majority Opinion – Justices in the majority must draftan opinion setting out the reasons for their decision.If the Chief is in the majority he gets to decide whowrites the opinion.• Concurring Opinion – Justices who agree with thejudgment, but for other reasons than thosearticulated in the majority opinion.• Dissenting Opinion – Justices who disagree with theopinion write a dissenting opinion• Per Curiam Opinion – An opinion that announces thejudgment of the court as a whole. Used in Bush v. Gore (2000)