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)