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by: Alyssa Miller

Bureaucracy PLS 101

Alyssa Miller
GPA 2.5
American Democracy and Citizenship
Garrett S Tyson

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About this Document

Chapter 9 notes
American Democracy and Citizenship
Garrett S Tyson
Class Notes
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This 3 page Class Notes was uploaded by Alyssa Miller on Saturday October 31, 2015. The Class Notes belongs to PLS 101 at Missouri State University taught by Garrett S Tyson in Summer 2015. Since its upload, it has received 31 views. For similar materials see American Democracy and Citizenship in Political Science at Missouri State University.


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Date Created: 10/31/15
Chapter 10 Notes Judiciary Essential Role Cases and controversies Criminal cases Civil cases Resolving disputes What does the law mean How does the law apply Who is at fault What should the penaltyrecompense be Is the law constitutional Judicial independence Judges are appointed for life and serve during good behavior Judges salaries cannot be reduced during their tenure of service Judges nominated by president and confirmed by senate Justice department represents the government before the courts Congress determines the number size and jurisdiction of the lower courts Congress funds the judiciary Courts have neither the sword or purse Scope of power Justice through adversity Common law system Adversarial system Judges are neutral arbiters in neutral areas Courts cannot decide any or all disputes They must be justiciable disputes Justiciability Courts don t issue advisory opinions federal only There must be a case or controversy ie an actual dispute between real parties Standing Plaintiffs must or will have sustained a direct injury or harm that s released by legal means Ripeness Mootness Political questions Lawsuits Civil tort Plaintiffs accuse defendants Class action suits Decisions require preponderance of the evidence 50195 preponderancebeyond doubt Parties may settle the dispute outside of court Criminal Prosecution charges defendants Grand juryindictment Charges are based on probable cause Trial decisions made by juries Petit jury Guilt must be proven beyond a reasonable doubt Plea bargain Federalism National and state court systems National courts can only hear disputes concerning national laws federal questions Only the Supreme Court can hear cases appealed from a state s court of last resort National courts have writ of habeas corpus jurisdiction There are 94 federal distric courts Circuit courts hear appeals from district court decisions Appeals of rights Rotating panels of judges decide appeals 910 are final decisions Appeals are not retrials Only defendants can appeal federal cases Constitution defines the Supreme Court original jurisdiction Congress defines the Court s appellate jurisdiction These are discretionary appeals Parties petition for a writ of certiorari Rule of four OctoberJune annually Solicitor General represents the government before the court 9 justices decide cases by majority rule and opinions represent the decisions Circuit courts Associate Criminal cases misdemeanors CiVil cases lt25K Small claims lt35K Circuit Criminal cases felony CiVil cases gt25K Probate Estates Wills Familyjuvenile Specialized Drugteenmental Municipal Ordinance violations Traffic violations Community standards violations Zoning violations Peace disturbances Appeals Court Eastern Southern Western State Supreme Court Original and appellate jurisdiction Direct appeals MO Constitution cases revenue laws death penalty Missouri Plan Nonpartisan method for selecting judges Judges are selected based on merit not partisan or political positions Non Partisan judicial commission 3 citizen chosen by governor 3 members from the Missouri bar Chief justice Commission reviews applications from attorneys to determine the 3 most qualified candidates Panel of top 3 candidates are submitted to the governor for appointment After 1 year and after each term there s a retention election Jurisprudence Strict constructionism vs judicial interpetivism Stare decisis vs burden of proof Judicial activism vs judicial restraint


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