Chapter 14 1 How can the law be classified according to source Judge Made Law Common Law Equity Law Constitutional Law Based on a constitution state or national and is developed through court Administrative Law Composed of rules and regulations issued by executive departments and decisions agencies 3 Who is the Prosecutor 2 How can the law be classified by type criminal and civil Statutory Law Consists of acts passed by a legislative body Criminal Law Involves things such as theft physical harm property violation etc The burden of proof is upon the state and guilt requires proof beyond reasonable doubt Civil Law Regulates relationships among private individuals and businesses Regulates matters such as marriage divorce contracts zoning accidents etc Tort a private injury or wrongful act for which a civil action can be brought Civil cases are based on a preponderance of the evidence Representative of State or Federal Government who leads criminal cases 4 Who is the Plaintiff The one suing The one being sued or the one being charge with a criminal offense Judge made law in which judges abide by previous decisions made by other judges In England s 12 or 13 century Attempted to make common law fairer and to provide more flexible remedies Developed when the English courts found that the common law had become to rigid and legalistic Let the decision stand 6 What is the common law and where did it originate 7 What is equity law and where did it originate 5 Who is the Defendant 8 What is stare decisis 9 What is the significant of Marbury v Madison 1803 11 Basic Structure of State Courts 10 Basic Structure of the Federal Court Established Judicial Review US Supreme Court 12 Circuit of Appeals US District Court Trial courts of original jurisdiction State Supreme Court Intermedial Appeals Court Basic Trial Courts jurisdiction and how do they arrive at decisions Court Geographic Area 12 What are the three levels of federal courts what geographical areas do they cover what is their Jurisdiction Decisions Supreme Court Country 9 judge panel 12 Circuit of Appeals 12 Regions District 94 judicial districts Disputes between 2 or more states but mostly appeals Strictly appeals Original jurisdiction over most cases Usually 3 judge panels Jury Trials 15 How can they be removed 14 How are federal judges appointed 13 What types of cases are heard In a federal court rather than a state court 16 How does the Constitution attempt to kee judges independent and removed from politics Cases that involve a constitutional issue If a federal crime is committed A civil suit involves more than 75 000 Nominated by President confirmed by Senate Resignation Impeachment Death A Appointment for Life B Prohibiting a diminishment in pay Tradition of custom that has developed whereby the President almost always will appoint a US dictrict judge based on the recommendation of the senator s of the same party as the President from the state where the judge will sit A Disputes between 2 or more states B Cases involving foreign ambassadors Rule of Four 18 What original jurisdiction does the Supreme Court have 19 How does the Court decide which cases to hear 17 What is senatorial courtesy If at least four justices vote to hear a case it will be heard SC will issue a writ of certiorari which is an order to the lower court to send up the record of the case for review 20 What factors probably influence the Court to hear certain cases rather than others The Supreme Court is most likely to hear those cases A That involve important social of constitutional issues B C In which conflicting rulings have been made at the circuit court of appeals level In which the issue is ripe 21 Who appoints the Chief Justice 23 What is the source of that influence 22 Does the Chief Justice have more influence than the associate justices President Yes A His position allows him to take control of discussions and issues B Can provide policy leadership C Can be a social Leader Required for a decision to be reached Chief Justice can write or appoint someone to write it If Chief Justice is not member of the majority then the senior justice does 24 Majority Opinion 25 Concurring Opinion Agrees with basic decision of majority but not with the underlying reasoning Doesn t agree with the decision of the majority 26 Dissenting Opinion 27 What is an amicus curiae brief 28 Why does the Court have an implementation problem written arguments presented to the court by individuals or parties not directly involved in a case but are interested in the outcome A B Reinterpretation by lower courts Judges can drag their feet to implement the Supreme Court s decisions 29 What role does the U S Attorney play in the federal judicial system Chief prosecutor in the District Courts 30 What is a class action suit A procedure by which similarly situated litigants may be heard in a single lawsuit 1 What is the nationalization of the Bill of Rights Chapters 15 and 16 NBR is the process whereby most of the Bill of Rights was held applicable to the states through the due process clause of the 14th amendment 2 What is the doctrine of selective incorporation A doctrine that holds that certain parts of the BR those critical to a democracy much be considered to be included within the meaning of due process and held applicable to the states through the 14th amendment 3 What is the significance of Barron v Baltimore established the precedent or rule that the BR applied only to the nation govt not state govts Gitlow v N Y A First time the court applies the BR to the states B The SC ruled that Freedom of Speech and the press were of such basic fundamental importance that they must be considered to be included within the meaning of due process and applicable to the states throught the 14th amendment due process law Palko v Connecticut 4 What are some of the important legal rights incorporated by the Supreme Court SC established the Doctrine of Selective Incorporation which holds that certain parts of the BR those critical to a democracy much be considered to be included within the meaning of due process and held applicable to the states through the 14th amendment A Freedom of Religion B Freedom of Speech C Freedom of the Press D Right to Privacy E Freedom of Assembly F Freedom to Petition G Freedom from unreasonable searches and seizures H Free exercise of religion beliefs I J Right to counsel K Right against self incriminations L Right to confront witnesses M Right to impartial jury Right