HIST 308 Notes Feb.22-Feb.26,2016
HIST 308 Notes Feb.22-Feb.26,2016 HIST 308
Long Beach State
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This 7 page Bundle was uploaded by Audra Oul on Wednesday March 2, 2016. The Bundle belongs to HIST 308 at California State University Long Beach taught by Martha Kadue in Spring 2016. Since its upload, it has received 38 views. For similar materials see Law and Civilization in History at California State University Long Beach.
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Date Created: 03/02/16
Monday, February 22, 2016 Judges how are judges are selected? How societal assumptions affect their role How Federal Judges are selected Appointed by President Appointed by President Confirmed by Senate by Senate impeachment Impeach if Judge engage in bribery Not subject to whim of population Get into judiciary have to appointed by executive branch. Confirmed by the legislative branch Confirmed by people who are elected How State Judges are selected Elected Appointed Blended/merit Blended/merit: sometimes people will give name to the governor Appointed by governor Elected: elected by party affiliation or nonbipartisan basis Issue of influence on judges when elected Try to balance Competing issue Dirty politics to ask for money She can send thank you letter, her name at the bottom of the letter One will be knowledgeable Better sense to evaluate them There are separate judges Do not want judges to seen as politicians want to keep them removed from that Varies from state to state by nonbipartisan Still to be more or less impartial Does society think judiciary is operating in far away? If system lose faith in judiciary, going to be a problem Judiciary system compliance to court ruling People choose to ignore court ruling… He gave money to the judge than all the other contributions together Appeal to the Supreme Court U.S. Supreme Court do not decide to appeal for judges Between judge’s verdict and appeal that overturn the ruling Connection to campaign on contribution and outcome is something court do not consider *Florida rulingjudicial candidates free to discuss rules on legal issues It makes it political Judge run as Democratic or Republican Prochoice Prolife Judges have ideologies Applying to rule as it is The judge have some discretionIs more likely to give a second chance? Goes back to appointment to fulfill things Evaluated on what gets done It is very subjective Difficult to evaluate on how do people are a good judge? Governor says a good judge Editorial these are the people that can be judges How California’s Judges are Selected Superior (trial) courts: Elected on nonpartisan bias Courts of Appeals and California Supreme Court Appointed by Governor subject to approval by Commission on Judicial Appointment after public hearing subject to voter retention election Commissioner to keep the process moving Do hearing Do fact finding Federal Courts called magistrates Public hearingeveryone can vote for and against the appointee Commissioner approves then become a judge Do wish to retain the judge, yes or no? What voters actually know about judicial? Run for Congress, things are for or against Judges tend to not do a lot of campaigning Want them to lower themselves Can get them elected What kind of a attribute to be a judge? Fair, flexible, open minded Be able to communicate clearly Not being closed minded Hear what people’s arguments are Demeanorcalm, collected To not be too much leader or too much of a push over. Be able to make a decision Reflect different background and gender Want the middle age Want a balance Decide the best person There are many qualified can do the job Best person is the smartestsubjective Diversitygood thing in judiciary Can say what circumstances applies Group Activity: “9” justices not but now we have “8” Pretend if the president of the United States Appoint another Judge, the 9 one Elect new judge; Flexiblebased on situation Capable, fair, impartial, not bias Harvard Law, Yale Law Judge a trial courtto see records Works at lower court before this to see if can work under pressure Know civil law procedure See how they could rule Look at character and not odd Lawyers can study them Wanted the public interest on behalf to have authority Can see both sides to living documents and originalist Have a textualismgo by the context of the constitution Can see balance Need to practice law before appointed as a judge Back to lecture: Judge assume someone very competent Impartial Ethnically diverse not white Balanced liberal, conservative More in tune with president ideology Look at the person Different education background look at the career Look at if grew up in New York or Boston to have knowledge of U.S. Someone from Harvard All or Catholic of Jew Perhaps religious leaders Scaliaa Catholic More understanding More diverse social economic Sexual orientation Judicial experience *Do not have to be an attorney to become a judge Senator who have governors Dealing with laws it affects people How it affects the economy Kennedyonly are substantial practices Earl Warrenprosecuted for governor th 30 Governor of California 3 judges *No minimum age for judges Elena Kaganmost recent appointment Associate justice of the Supreme Court of the United States Wednesday on what Judges do? Wednesday, February 24, 2016 Test would be short answer and short essays Choose 2 out of the 3 Short answer (30% of the grade) If answer the question do not write a paragraph Grammar need not be bad Answer the questions Look at the end of each reading 1. In Painter v. Bannister (the 1960s) Iowa child custody case What was one of the societal values that influenced the court? (T F) Under the code of Professional Responsibility, ethical rules for lawyers, a lawyer can only advise her client on matter if law Tees will three short essay questions In Kelo vs. City of New London (2005), the requirement for eminent domain (the power of the government to take private property with fair compensation. What were the compelling societal values that arose in determining what type of eminent domain law California should have? Name one method of selecting judges, and discuss the societal values that support or validate that method. California Court System Trial Courts Court of Appeal Supreme Court These are capital criminal cases Trial Courtcivil cases: defendant and plaintiff Lawyers put evidence to what happened Jury determines what the facts are *Jury determines what the facts are Court of Appeals claim some part of trial there was error of the law Look at written record to see if error of law Turn to trial to see if do right the first time State courts enforce California law California Supreme Court –only arguing is U.S. Constitution is relevant Only apply at federal not state Need to be federal to move up Hear cases based on federal law Federal court and state court have specific roles U.S. Supreme final say on federal based on Congress Criteria Based on experience/expertise Experience—personal opinionsubjective Role of Judges Judges are umpires Judges as representatives of community Judges as individuals Umpires calling calls or strikes Sometimes rules do not give a clear answer Even trial court sometimes have to decide what the law is. Sometimes not a clear answer to appellate court Look at warrant—look at consequences Pager vs. Bannister Best interest of the child=legal standard Money support Emotional support Stable environment Inspire that is constantly intellectual thoughts Preference for paternal Buddhist. He is more creative He left for his grandfather for a while The mother will require a willnot binding court take consideration but best interest of the child Grandparents Educational background Supported education Been with them Experienced 3 daughter call came out okay Issue see Mr. Bannister as father figure They were established in the church, stable to jury to raise children as part of the community *grandfather in Iowa *Case in Iowa 1966 California can be seen as a bunch of hippies Have custody to the grandfather Develop well in a stable environment California v. Iowa Child Custody Dispute Grandparents live in Southern California Have resources to expose Johnny’s art, music, theatre, arts, multicultural environment Dad is Iowa Farmer Johnny would chase before and after school during vacations Close knit community good work ethic Maybe differen twork ethic to be around a diverse types of people Perception of Football Farms v. NonParis Brian damage from concussion Ray Ric (NFL) Jamar Winston (NCAA) Johnny Manziel (NFL) Implicit Biasaffect how public do a job It is the judges It is not a matter of race Reserve clause –If sing contract with team A, player team A how long as want to.. Hartviolation of antitrust law 1992held professional baseball not a business Court decide whether earlier ruling should be on baseball Justice Blackmun he would fan of American past time Might think baseball boring Legal rationaleCongress can amend laws and choose not to rely on precedence There is a legal rationale His love for baseball to influence to look at case Appear on justice implicit bias colors the case Justice Thurgood Marshallone that argue for Brown v. Education Look at the experience of looking at the world One team tell you one to another Judge Products of world of experience What they have seen Questions are on the line Judges called for strikes when it is unclear
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