Day 39

Adversary System of Justice

Selection of Federal Judges

Federal judges are appointed by the President. Federal judges are confirmed by the Senate. Most presidents will use Senatorial Courtesy when selecting judges.
This is when the president will ask for recommendations and approval from state senators about is district court appointments.

Selection of State Judges

Some states, like NC, elect their state judges. In some states, the governor appoints judges and the General Assembly will approve those appointments. Do you think judges should be elected or appointed?

Judicial review
The power of the Courts to determine Constitutionality of laws. Written by John Marshall Marbury vs. Madison, 1803

Writ of Certiorari
When a case is selected by the Supreme Court for review, a writ of certiorari is issued. A lower court then sends all records on a particular case to the Supreme Court!

Clarence Earl Gideon sent a Writ of Certiorari the Supreme Court.

Supreme Court Operation

Terms are from October to June or July. Oral Arguments
Each lawyer gets 30 minutes to present their side of the case. No new evidence is admitted, no juries, and no witnesses. The Supreme Court will then make their opinion.

Briefs
Written argument submitted before the lawyer appears in Washington, DC

Oyez, Oyez, Oyez. You have 30 minutes Sucka!

The Conference!
A nearly secret meeting held by the nine supreme court judges to discuss a case! Chief Justice presides Opinions given in order of seniority on the court! Decisions are made by a majority vote!!!

Supreme Court Decisions and Opinions

Most decisions are by a unanimous vote, but a ruling can be made by a simple majority! Judges then publish written opinions to guide other courts: (Precedent)
Majority opinion Concurring opinion Dissenting opinion

Supreme Court Opinions

Majority Opinion
Presents the views of the majority of the Justices. It states the facts of the case, announces the ruling, and explains why the Supreme Court ruled the way they did.
A Justice can write a concurring opinion if they agree with the majority, but for a different reason. A Justice who disagrees with the majority decision. There can be more than one dissenting opinion.

Concurring Opinion

Dissenting Opinion

Felony vs. Misdemeanor

A felony is a serious crime like murder, rape, kidnapping, and robbery. Felonies will have serious penalties if found guilty (Prison!). Misdemeanors are less serious crimes like vandalism, stealing inexpensive items, writing bad checks, etc. Punishments if convicted will normally be a fine or a jail sentence less than 1 year.

Perjury
Perjury is the act of lying or verifying false statements in a court of law under oath. A witness is sworn in to tell the truth, the whole truth, and nothing but the truth. Perjury is a serious crime and you could serve up to as much as 5 years in prison if convicted. Just ask Barry Bonds and Roger Clemens!

Barry Bonds and Roger Clemens could face Perjury charges following their testimony that neither took performance enhancing drugs.

Court Terms to Know

Court Docket the court calendar. Prosecution the lawyer responsible for presenting the case against someone suspected of breaking the law. Complaint when you hire a lawyer, he will file a complaint formally stating the Plaintiff and Defendant and describing the case.

Plaintiff vs. Defendant

Plaintiff
In criminal cases, the Plaintiff is always the state. They are looking for a criminal conviction. In civil cases, the Plaintiff is the person filing a lawsuit. Defendant In criminal cases, the Defendant is the person accused of committing a crime. In civil cases, the Defendant is the person being sued.

Jerry Seinfeld and his wife are being sued for defamation of character after calling Lapine a nutjob on the David Letterman Show.
Missy Chase Lapine and Jessica Seinfelds cook books are very similar. The Seinfelds are being sued for the similarities and the Letterman insult.

Plaintiff
The person filing a lawsuit

Defendant Person being sued

More Court Terms to Know

Subpoena an order to show up in court and testify as a witness in a civil or criminal case. Summons a document telling the defendant of a lawsuit against them and ordering them to appear in court. Warrants In order to be arrested or searched, and arrest warrant or a search warrant needs to be presented.

Subpoena called as a witness

A summons is a lawsuit or a complaint against someone.

This guy is being issued a search or arrest warrant.

More Court Terms to Know

Bailiff the court officer who maintains peace and protects jurors. Indictment formal charge of a crime. Plea a suspect claiming his guilt or innocence. Bail a security deposit insuring that a suspect shows up in court. Public Defender if you cannot afford a lawyer, the public defender will be appointed to represent you for free.

Procedure in a Criminal Case

Step 1 Arrest (police arrest and book you) Step 2 Preliminary Hearing (appear before judge and bail is set) Step 3 Indictment (Grand jury decides if there is enough evidence to charge a suspect) Step 4 Arraignment (defendant can plead not guilty and the trial date is set or he can plead guilty and accept a plea bargain) Step 5 Trial (prosecution and defense present their cases) Step 6 Acquittal (Defendant is found not guilty) or Sentencing (Defendant is found guilty and a sentence is issued)

More Terms to Know

Adversary refers to the system of justice in the United States where you have lawyer vs. lawyer. Verdict the Courts decision (guilty or not guilty) Plea bargain a suspect sometimes can accept an offer to admit guilt for a lesser charge. Capital Offense Case where the death penalty might be issued.

The Adversary System of justice refers to lawyer vs. lawyer and its not friendly.