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Critical Thinking Questions Journals

Explore the fairness and intricacies of the US court system through critical thinking questions and discussions on judicial appointments and proceedings. Learn about different court types, jury roles, and the selection of federal judges.

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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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