Study Guide POS 3122 Final Exam Spring 2015 State Courts What percentages of cases are in state not federal court Over 95 of cases are in state courts Federal courts involve federal issues violation of federal law constitutional rights lawsuits between states What are the two types of cases Which are in state court Civil Cases 2 private parties Criminal Cases County state is one party State courts almost always criminal cases o Murders would be tried at state level o BUT Boston Bomber is being tried at the Fed level b c it s a terrorism case o State courts are more representative deal with a wide variety of cases What are the four different courts in most states County circuit district supreme Two trial two appellate What are the characteristics of trial courts Jury Evidence Prosecutor Witnesses Original jurisdiction hear case first Divided into major minor courts o Major general authority over civil criminal cases major felonies o Minor limited jurisdiction misdemeanors minor felonies 2 3 are traffic violations What are the characteristics of appellate courts Appeals courts no jury no evidence o A party dissatisfied with prior results can appeal o First level of appeal three judge panel o Lessen loads of highest courts What are the characteristics of the highest courts AKA Supreme Court Second level of appeal Some states have civil and criminal supreme courts Is the supreme court always the highest court Highest court is the 2nd level of appeals often called supreme court o Sometimes Civil supreme court and criminal supreme court Sometimes called Supreme Judicial Court Court of Appeals Generally State Supreme Court is highest court US Supreme Court is the highest of all What constitution s do state courts interpret INTERPRET STATE CONSTITUTION but can base rulings on US constitution What laws can the state courts overturn CAN T overturn federal laws Can overturn state laws What is the relationship between federal and state courts Operate in parallel operate cooperatively When did states reform their court systems 1990 s came out of legislative reforms Why was state court reform needed Judges were underfunded poorly administered Judges could serve without first being an attorney Judges could stay on bench for way too long even if too old incompetent No one was in charge What components did state court reform include Administration supervision Unified court system New courts no more justices of peace Accelerated agendas Dispute resolution Most states require a unanimous jury for the death sentences Is Florida one of those states FL is not one of the states that require a unanimous jury for a death sentence Do most states have a provision for impeaching judges 45 states can impeach judges What are the competing goals involving trust in the state judicial system Political science evidence lots of preconceived notions o Democratic judges tend to favor civil rights employers government o Women judges tend to favor women are more liberal Judges are supposed to be independent but also accountable responsible What are the three ways state judges are selected What is the method used by most states What method is used the least Election 21 states elect supreme court judges Appointment 6 states appoint supreme court judges o 4 states by governor 2 by state legislatures Missouri Plan o Non partisan commission reviews candidates makes list of best qualified sends to governor who chooses within 60 days If past 60 days commission makes selection Do states use the same method across all the levels of courts No Some states 21 states only elect state supreme court judges State supreme court judges are mostly elected 6 states appoint Federal supreme court judges are appointed by the president and confirmed by the senate and 8 states elect judges at most of the other levels of court serve for life Do state judges generally serve for a lifetime like federal judges Most state judges have set terms 6 10 yrs Life 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 Pros Represent us they should be appointed by us Leads to more diversity representation people pick judges that share the views of the population o In a nonpartisan election population wont be able to pick a candidate that shares their views political party Cons lack of info about judges leads to campaign spending get money from lawyers in their district judge may rule with popular opinions people don t research judicial candidates as much voter turnout is low Judges need to be impartial and fair Even in states with merit systems there is a commonly used loophole What is this Governor can appoint judge until next election and then they run as an incumbent What are the advantages and disadvantages of appointment of judges Pros attracts more candidates incumbent judges are rarely opposed for elections allow more scrutiny than permitted by election Cons Too partisan too personal no protection against judges who may be poorly qualified public does not get as much say in selection process Describe the Missouri Plan What are the advantages and disadvantages Mix of appointment and election A commission picks best candidates sends a list to the governor to chose from in 60 days if past 60 days commission will chose 16 states have this Pros combo of quality selection and accountability to the voters Cons Not popular with public selection committee may be biased election may be just a formality still hasn t rid selection process of political biases governor influence is very strong Why is the Supreme Court case Republican Party of Minnesota v White important 2002 Supreme court ruled it was unconstitutional to ban judicial candidates from publicly discussing their opinions ideologies Allows public to understand the ideologies of judicial candidates they may be voting for What are the negative effects of this case Are these persuasive Why or why not Citizens may vote for judicial candidates that follow their beliefs political spectrum o Making judges less neutral Not persuasive Does the way a state chooses judges affect the quality of judges Not much difference has been found Describe the four tiers of Florida s court system How many courts are there in each level What is their jurisdiction County Courts Circuit Courts District courts of appeals Supreme Court o County courts 280 judges FL s lowest trial court civil and criminal cases 150 000 o Circuit