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Critical Thinking Questions Journals

Critical Thinking Questions Journals. Often times people who are found guilty, are usually retried for the same crime by being granted an appeal. Although, if a person is found not guilty they cannot be tried again for that crime (5 th Amendment) Is this fair?

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Critical Thinking Questions Journals

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  1. Critical Thinking QuestionsJournals • Often times people who are found guilty, are usually retried for the same crime by being granted an appeal. Although, if a person is found not guilty they cannot be tried again for that crime (5th Amendment) • Is this fair? • Why do you think the court system is set up in this manner?

  2. Which of the following court cases would most likely be heard in a civil court? • A speeding ticket for going 45 in a 35 • A person stealing a tv from a local vendor • An employee being wrongly removed from his/her job • A person committing arson on a building in town

  3. Lower Federal Courts Unit 6

  4. Constitutional Courts • Those courts established by Article III of the constitution • Federal District Courts • Federal Court of Appeals • US Court of International Trade

  5. Federal District Courts • Originally drawn with state boundaries • Today every state has at least 1 Federal Court, some have more . . . • California, New York, and Texas have 4

  6. Federal District Courts • District Courts are both criminal and civil • Criminal cases: murder, felonies, etc. • Civil cases: One person sues another – money is involved • Two Types of Juries • Grand Jury – 16-23 people: These people decide if there is sufficient evidence against a person to suspect them of a crime. • If Yes: indictment – formally charging someone with a crime • If No: the charges are dropped • Petit Jury • 6 to 12 people: listen to a trial and decide if a person is guilty of a crime or not • Criminal: unanimous decision to determine guilty or not guilty • Civil: majority decision to determine guilt

  7. Critical Thinking Journal • Is it fair that someone can be found not guilty in criminal court, however liable in civil court?

  8. Officers of the Court • US Attorney – prosecutes the crime • US Magistrate – issues warrants • US Marshal – making arrests and securing jurors • Clerks – paper work • Bailiffs – order in the courtroom • Stenographer – types out what is being said in the trial

  9. Federal Court of Appeals • If you lose a district case you can appeal your case to the court of appeals • Each appeals court has 3 judges • Judges go over the appeal and can rule in 1 of 3 ways: • Uphold the original decision • Reverse the original decision • Send the case to be tried again in lower courts

  10. Court of International Trade • Hears cases that deal with tariffs • What is a tariff?

  11. Legislative Courts • Courts created by congress to help itself exercise its powers

  12. Legislative Courts • United States Claims Court • Anytime a person sues the government it is heard in this court • United States Tax Court • Hears cases that dispute the IRS or treasury department (ex. Being unfairly taxed) • Court of Military Appeals • Hears cases that are appealed from the military courts

  13. Legislative Courts • Territorial Courts • Handle Civil, Criminal, and Constitutional cases within the territories of the US (ex. Virgin Islands, Guam, Northern Mariana Islands, and Puerto Rico) • Courts of the District of Columbia • DC is not a state, so it is governed by Congress, and this court handles criminal and civil cases in DC • Court of Veterans’ Appeals • Hears civil cases that deal with Veteran claims and veteran problems

  14. Selection of Federal Judges • Article 2, Section 2, of the Constitution • Federal Judges are selected by the President • Approved by the Senate • Judges are appointed for life

  15. Critical Thinking Journal • Hypothesize (make guesses) as to why judges would be appointed for life? • Do you think this is right?

  16. Selection of Federal Judges • Party Affiliation • Presidents typically appoint judges who share the same political party as themselves • Gerald Ford: 81% • Ronald Reagan: 99% • When the same party is in control of the congress and Presidency the judicial system expands • Congress creates new positions • President appoints new judges

  17. Selection of Federal Judges • Judicial Philosophy • Presidents appoints judges who feel strongly on the same political issues as they do. • (ex. Abe Lincoln on the emancipation of slaves)

  18. Selection of Federal Judges • Senatorial Courtesy • Before naming Federal Trial courts within specific states, the President will present the names to the 2 senators from that state. • If either of the 2 senators do not like the nomination, the President will usually choose a different person. • Once a different person is approved, it is then given to all of the Senate for approval

  19. Selection of Federal Judges • Background of Federal Judges • Most have had legal training • Law school professors • Congress members • Attorneys • State Court Judges (1/3rd of all appoints) • Very few women and minorities • Lyndon Johnson appointed Thurgood Marshall to the supreme court – first African American • Ronald Reagan appointed Sandra Day O’Connor to the supreme court – first female

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