Government notes 2 PDF

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Summary

Basic notes about the legal system, Professor Anderson's class...

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The legal system: Criminal law Criminal law The branch of law that regulates conduct of individuals, defines crimes, and specifies punishments for criminal acts   

Government is always the plaintif Involves matters ranging from traffic ofense to murder Defendants who are found guilty may be fined or sent to jail

Civil law The second broad category of law   

The branch of law that deals with disputes that do not involve criminal penalties Involves disputes among individuals, groups, corporations, and other private entities. Or between such litigants and the government Losers in civil cases cannot be fined or sent to jail, but they may be required to pay monetary damages for their actions

Precedent Courts apply statutes and legal precedents 

Precedent: a prior case whose principals are used by judge as the basis for their decision in their case

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Precedents are applied under the doctrine of stare decisis. Translates from Latin as, “Let the Decision Stand”

Types of courts: Trial More than 97% of all court cases go to state court 

If a state case is brought to trial, it is heard in state trial court

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Trial court: the first court to hear your case If there is a guilt verdict, the defendant may appeal to a higher court o Usually, the appeal is heard in the state court of appeals o From here, the appeals go to the state supreme court o The government cannot appeal a not guilty verdict

Types of courts: Appellate

The Party filing is known as the appellate 

The appellate must show the trial court made a legal error in its decision

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Appeals courts do not hear witnesses New facts cannot be introduced

Types of courts: Jurisdiction If a case belongs in a federal court, then the next question is which federal court has jurisdiction Jurisdiction: the sphere of a court’s power and authority 

Federal jurisdiction is derived from the U.S. Constitution and federal statutes

The Judiciary Act of 1789 Legislative act that established the basic three-tiered structure of the federal court system 

Three-tiered court structure o Federal district court o Circuits court (courts of appeal) o Supreme court

The Plea Bargain Most cases avoid trial through a plea bargain  

This is a negotiated agreement in a criminal case between prosecutors and the defendant The defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge.

Which cases are heard in federal courts?

Cases involving federal laws, treaties with other nations, or the Constitution go to federal court Federal courts also hear cases if:  

The US Government is a party in the case A civil case involves citizens of more than one state and in which more than 75,000 is at stake. o However, plaintiffs can opt for state courts instead

Appellate jurisdiction Decision from state court can be appealed to SC by raising a federal issue The defendant has options which include:  

Claiming a denial of due process of law o The right of any individual against arbitrary action by nation or state gov. Requesting a writ of habeas corpus o A court order showing cause for a prisoner’s incarceration

SC not obligated to hear appeals

The Criminal   

Should we hold minors accountable for their crimes? Should we trial juvenile crimes as adult crimes? Should age matter within the law?

The Federal Courts: Lower courts handel most cases Original jusrisdiction Article iii of the Constitution 

Gives the SC original jurisdiction in limited variety of classes that include cases:  Between the United States and 1 of the 50 states  Between two or more states  Involving foreign ambassadors or other ministers  Brought by one state against citizens of another state or against a foreign nation...