Study Guide POS 3122 Final Exam Spring 2015 State Courts What percentage of cases are in state not federal court 95 of cases are heard in state courts What are the two types of cases Which are in state court Criminal cases when the state is prosecuting the defendant Civil cases involve two private parties What are the four different courts in most states State courts are structure with four different types 1 Trial courts 2 Intermediate appeals 3 Court of last appeal 4 Special courts What are the characteristics of trial courts the first point of entry into the court system Courts of original and limited jurisdiction District circuit and county courts 2 3 of cases are traffic offenses What are the characteristics of appellate courts Trial courts are often divided into major and minor courts They are often Appellate courts are the intermediate court of appeals first level of appeal Organized by regions No jury or evidence involved these courts use a three judge panel What are the characteristics of the highest courts The highest court is the supreme court which is the second level of appeal Some states have two one civil and one criminal Oklahoma and Texas Is the supreme court always the highest court Yes What constitution s do state courts interpret State courts base rulings off of the state constitution However they can base rulings off of the U S Constitution What laws can the state courts overturn Only state laws state courts cannot overturn Federal law What is the relationship between federal and state courts They operate in parallel Federal courts hear cases involving federal crimes or the federal constitution When did states reform their court systems State courts reformed in recent years Why was state court reform needed Judges usually had no relationship with each other or with judges of the other courts They were unfunded and poorly administered Judges could serve without being an attorney Judges could serve as long as they wanted even if they were too old or incompetent What components did state court reform include New Courts mostly non violent crime More funding state contributed to the funding no longer solely off of Family Courts one judge to deal with a single family s problem court fees Expited dockets courts could now reach decisions faster Most states require a unanimous jury for the death sentences Is Florida one of those states No Florida is the only state that doesn t Do most states have a provision for impeaching judges 45 states have protocol for impeaching judges What are the competing goals involving trust in the state judicial system Judges can bring preconceived notions with them to the bench Judges opinions can vary by their political view What are the three ways state judges are selected What is the method used by most states What method is used the least State judges are selected by either election appointment of the Missouri Plan Election is used by most states 21 states elect supreme courts 8 states elect all of their judges Appointment is used the least 4 states where the Governor appoints judges 2 states where judges are appointed by the legislature Do states use the same method across all the levels of courts Once a state chooses their method of selecting judges it is the same for all court levels Do state judges generally serve for a life time like federal judges Most states have set terms for judges Usually 6 10 years 3 states have lifetime terms MA NH RI What are the advantages and disadvantages of election of judges Do these advantages change if judges are elected in nonpartisan elections Elections can call for better representation of the people and allows for more diversity and holds the judges accountable Can be disadvantaging because voters lack information and turnout is low campaign spending can be costly harms the idea of impartiality and can sometimes pander to special interests Can change in a partisan election depending on the locations political tendencies Even in states with merit systems there is a commonly used loophole What is this If a judge is elected but then steps down the governor appoints the judge until the next election That judge can then run as an incumbent the next election What are the advantages and disadvantages of appointment of judges Advantages Increases accountability the Governor typically knows more Disadvantages Can increase partisanship and there is no protection about these judges against a poor choice Describe the Missouri Plan What are the advantages and disadvantages The Missouri Plan is a mix of appointment and election The Governor selects a judge for a set term then the voters confirm in election Advantages Combines excellence in the initial selection and incorporates accountability in the election Disadvantages Not popular with the public the selection committee could be bias election may be pro forma and still incorporates politics Why is the Supreme Court case Republican Party of Minnesota v White important Federal courts undermined the state courts by stating there is no true distinction between elections and public office What are the negative effects of this case Are these persuasive Why or why not The case determined it is against first amendment rights to prohibit a judge from expressing their views Upheld partisan judge elections Does the way a state chooses judges affect the quality of judges Partisan elections can cause some judges to be bias Some elected might not be totally qualified Describe the four tiers of Florida s court system How many courts are there in each level What is their jurisdiction 1 Trial Courts Every county has one 2 Circuit Courts 20 in Florida throughout the state 3 District Court of Appeals 5 in Florida divided up into circuits based off of population 4 Supreme Court One at the capitol each district appellate court must have a justice in the supreme court How are our judges selected A combination of merit and election What is Florida s Judicial Nominating Commission Why is it important Used at the appellate level comprised of people appointed by the Florida The committee selects people who they feel would be a suitable selection bar and the Governor for the Governor Who names the members of this commission 4 names must be selected from the Florida Bar 3 from the Governor What is the governor s role in judicial selection They appoint appellate judges based on recommendations Appoint judges to fill positions at the appellate and trial levels Name candidates for the