Week 2 Notes
Week 2 Notes CJ 461
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This 4 page Class Notes was uploaded by Alyssa Hendrixson on Monday August 31, 2015. The Class Notes belongs to CJ 461 at University of Alabama - Tuscaloosa taught by Daniel Clay in Summer 2015. Since its upload, it has received 73 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 08/31/15
Tinker Case Study Caption and Citation 0 Title of document 0 Opposing parties Facts 0 Starts at Opinions 0 High school students wore black arm bands to school to support the Vietnam war 0 Students got suspended until agreed to take bands off Procedural History 0 District Court 0 Appellate Court 0 Supreme Court Issue 0 Freedom of speech Holding 0 Yes 1st and 14th Amendments Reasoning o No disruption 0 Students have right to symbolic speech Rule 0 Schools can t take away students right unless a disturbance occurs Concurrences amp Dissents 0 Agree with rule but for different reasons Students don t have same rights as adults and don t fully understand them Symbolic speech is not as clear as pure speech 0 Disagree with ruling Gives students too much freedom Law Systems 0 Common Law System 0 Stare Decisis o Precedent 2 types 0 Binding 0 Courts must follow rule of higher court Persuasive 0 Can follow higher court rule but don t have to Adversary law 0 System is based on trial by combat 2 people ghtbattle in court 0 Critique Betterbest case vs betterbest lawyer o Federalism Showered powers Federal and State System 0 Dual sovereignty Double jeopardy Federal System 0 Original jurisdiction District Court is 1st in line to take a case 0 Circuit Court of Appeals Has to accept all properly led appeals Appellate court 0 Must show procedural error 12 courts of appeal nationwide Territories are treated like states 0 Supreme Court Writ of Cert Can deny any appeal they want 0 If denied Court of Appeals has nal decision Can be overturned Overturn itself ConstitutionalAmendment Other ways to get to Supreme Court 0 State Supreme Court 0 Original Jurisdiction O 0 State System 0 AL DistrictCircuit Court Court of CriminalCivil Appeal 0 Due to death penalty Supreme Court District Court SupenorCou Court of Appeals Supreme Judicial Court CircuitSuperior Court Supreme Court Supreme Court Appellate Division of Supreme Court Court of Appeals District Court Court of Appeals Supreme Court of Criminal Appeals Supreme Court Life of a Case Investigate 0 Obtain evidence 0 Search and seizure o Witnesses o Interrogation Arrest Investigation Pt 2 Charge 0 GrandJury Indictment o No prelim hearing Probably cause True bill into indictment o Complaint or Informational Pretrial Arraignment o Bail o Prelim hearing 0 Motions Suppress evidence Dismiss 0 Trial 0 Bench Judges are immune to rough offenses sex offense 0 Jury More people Must agree guilty or mistrial Must agree not guilty or acquitted
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