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Judicial System

Judicial System. 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. Federal Judges. selected by President

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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. State Judges • usually elected, in CA 6 to 12 year terms • but usually begin career by being appointed by the governor, and then run with little opposition • are political activists

  5. 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

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

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

  8. 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- ) ??

  9. 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

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