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Judicial System

State Trial Courts(Superior Courts)

State Courts of Appeals

State Supreme Court

Federal District Courts

Federal Courts of Appeals

U.S. Supreme Court

Court System

at least 1 per county at least 1 per stateCA has 4

Page 3: Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S

Federal Judges

• selected by President

• confirmed by the Senate

• lifetime tenure

• a lawyer, usually with political experience

Page 4: Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S

State Judges

• usually elected, in CA 6 to 12 year terms

• but usually begin career by being appointed by the governor, and then run with little opposition

• are political activists

Page 5: Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S

Legal System

• British-American case law, not code law• precedent and stare decisis

• Marbury v. Madison and “judicial review”• courts judge the constitutionality of all government actions

Page 6: Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S

Limits on Judicial Power

• Judges have to wait for a case to come to them

• legislature can revise laws

• Limited power of enforcement

Page 7: Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S

Some key legal terms

• civil and criminal• suing for a damage, versus government punishing with a fine or

imprisonment

• misdemeanor and felony• a crime punishable by one year or less imprisonment versus more

Page 8: Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S

Recent trends in the USSC

• Warren Ct (1953-69)• “heroic” period of the liberal “activist” court

• desegregation, privacy, free speech, rights of the accused

• Berger Ct (1969-86)• narrowing some landmark liberal decisions, but extending others

• Rehnquist Ct (1986-2005)• holding off a major change in direction--but often by only one

vote

• Roberts Ct (2006- ) ??

Page 9: Judicial System State Trial Courts (Superior Courts) State Courts of Appeals State Supreme Court Federal District Courts Federal Courts of Appeals U.S

Present US Supreme Ct

• Samuel Alito

• John Roberts

• Stephen Breyer

• Ruth Bader Ginsberg

• Clarence Thomas

• David Souter

• Anthony Kennedy

• Antonin Scalia

• John Paul Stevens

• One woman, one black, two Jews, five Catholics, seven Republicans

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