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Judicial System

Explore the intricate workings of the U.S. judicial system, from the Supreme Court to State Trial Courts. Learn about the selection of judges, jury instructions, key legal terms, and recent trends in the courts. Discover the historical context and current composition of the US Supreme Court and California Supreme Court.

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Judicial System

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  1. Judicial System

  2. Court System State Supreme Court U.S. Supreme Court State Courts of Appeals Federal Courts of Appeals State Trial Courts (Superior Courts) Federal District Courts at least 1 per county at least 1 per state CA has 4

  3. Federal Judges • selected by President • confirmed by the Senate • lifetime tenure • a lawyer, usually with political experience

  4. CA State Judges • Superior Ct: • often appointed by governor midterm • elected to 6 year terms • run against (some) opposition • Appellate and Supreme Ct: • always originally appointed by gov • must be approved by voters for 12 year terms • “Shall ______ be elected to office”--does not run against opponents • --if answer is “no”, gov appoints someone else

  5. Jury Instructions • Since 2003—plain language reform

  6. Legal System • British-American case law, not code law • precedent and stare decisis • Marbury v. Madison and “judicial review” • courts judge the constitutionality of all government actions

  7. Limits on Judicial Power • Judges have to wait for a case to come to them • legislature can revise laws • Limited power of enforcement

  8. Some key legal terms • civil and criminal • suing for a damage, versus government punishing with a fine or imprisonment • Infraction, misdemeanor and felony • A fine, versus a crime punishable by one year or less imprisonment, versus more

  9. Recent trends in the USSC • Warren Ct (1953-69) • “heroic” period of the liberal “activist” court • desegregation, privacy, free speech, rights of the accused • Berger Ct (1969-86) • narrowing some landmark liberal decisions, but extending others • Rehnquist Ct (1986-2005) • holding off a major change in direction--but often by only one vote • Roberts Ct (2006- ) ??

  10. Present US Supreme Ct • Samuel Alito • John Roberts • Stephen Breyer • Ruth Bader Ginsberg • Clarence Thomas • David Souter • Anthony Kennedy • Antonin Scalia • John Paul Stevens • One woman, one black, two Jews, five Catholics, seven Republicans

  11. CA Supreme Court with Chief Justice Ronald George Janice R. Brown now replaced by Carol Corrigan: 3 women, 1 Latino, 1 Asian, 6 Republicans

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