POLS2020 US court system & Judicial Rule
POLS2020 US court system & Judicial Rule POLS 2020
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This 3 page Class Notes was uploaded by Janelle Darby on Friday September 9, 2016. The Class Notes belongs to POLS 2020 at Robert Morris University taught by G.W. Jones in Fall 2016. Since its upload, it has received 7 views. For similar materials see Criminal Law And Evidence in Political Science at Robert Morris University.
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Date Created: 09/09/16
W2 US Court system Continued Tuesday, September 6, 2016 8:06 AM Two types of cases Civil Cases o Receive financial restitution o Breach of contract, divorce, personal injury Criminal Cases o Violations of criminal law o Double jeopardy applies Civil case Criminal case Parties: Parties: o Individual V. o State V. individual individual Plaintiff V. Common V. Defendant Defendant private attorney Can have private attorney or can be provided by the state Punishment: Punishment: Imprisonment, Financial reparations Fines Burden of proof: Burden of proof: beyond Preponderance of evidence reasonable doubt Found Liable or not Found guilty or not guilty liable Statute of limitations: a certain amount of time to file a court case (Civil) Three types of courts: Trial court: finds out the facts of what happened Appellate Court: o Poor attorney o Pro se (for yourself): The right to represent yourself Supreme (sup) Court: form of an appellate court, is the highest power of courts Federal Sys: U.S. district courts --> US court of Appeals--> request (req) for reviews-->Supreme court of the US State(ste) Sys: Ste Trial Courts --> ste Appellate courts--> ste sup courts --> Req for reviews--> sup court of US Ste Courts: All case start Cases are filed and given a verdict The cases can be heard in federal courts if they involve o Federal (fed) law o Treaties W2 o Constitution Geographically divided o 94 judicial districts o 11 regional appellate circuits plus the DC circuit Case load in fed courts 400,000+ o 80 percent end in district courts o 8,000 cases for appellate courts are appealed to the sup court/ year o Sup court hears only 80 cases/ year Sup Court The "court of last resort" o Binds state and fed court in the US o PA ste court makes a decision it only applies to that ste, if sup court makes a decision it becomes law Jurisdiction o Original juris: sup court acts like a trial court, the case begins there o Appellate juris: trial cases appealed to the sup court Writ of certiorari & the "rule of four" Judicial Review The power of the court to declare actions of the legislative branches invalid or unconstitutional o Why so many turn to the courts (sup courts) for a remedy Judicial Rule Thursday, September 8, 2016 8:08 AM Judicial Opinion Parties Supreme(sup) court o Petitioner: the person who lost in the lower court; the appellate o Respondent: the person who Opinions o Majority: the winning side within the Sup court; five or more justices o Plurality: the largest vote on the reasoning/opinion of the case o Concurring: an agreement with either the result from the justice o Dissenting: disagreeing with the result o Per Curiam: the opinion of the court Judicial Philosophy Liberal V. conservative Activism v. Restraint Themes o Federalism: should the gov't handle all cases o Precedent: the opinion of the court o Bright- line rules: clear standards set by the court W2 o Police power: should the police be given more power to govern the people o Subjective/ Objective Standards: the way the court decides to view a case o Separation of powers Interpretations o Originalist: views the constitution in a literal way to make decisions o Contextualist: view the constitution as guide line while making a decision o Psychology/ attitude: the way they feel while making a court decision Goals o Consensus: unanimous understanding o Clarity PA court system Special courts common plea superior court supreme court Special courts Common plea Commonwealth courtsupreme court Criminal case Breakdown 1. Crime committed 2. police investigation 3. police file complaint o ID's defendant o Lists crimes charged o Summary of incident 1. private complaint 2. Arrest 3. preliminary Arraignment 4. pre hearing 5. info filed 6. formal arraignment 7. pretrial conference 8. trial or plea 9. Presentence investigation 10.Sentencing 11. Appeal 12.Post conviction relief Arraignment: calling into question or finding a fault
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