Courts and Judicial Procedure Exam 1

Know the difference between civil courts of law and courts of equity and the qualities of each

Civil Courts of Law A civil suit involves a dispute between private parties civil law is inquisitorial • Also called Roman law, Romano-Germanic law, or continental law o The oldest family of law o Starts with a code - the compilation of laws o The code expresses rules of law as general principals, vague o The code provides answers for all disputes o Most widely used in the contemporary world o Judges not lawyers dominate court hearings o Judges are career bureaucrats who have not been practicing lawyers o Juries are not generally used - mixed tribunals of judges and lay citizens are used in serious criminal cases Courts of equity The common law became technical and evolved into a hard and limited law • Common law remedies were largely limited to monetary damages • The refusal of judges to adapt gave rise to equity law - met ends of justice and reason • Equity meant fair dealing and equitable remedies were more flexible (ex injunctions) • By the nineteenth century most states had merged their separate courts of law and equity Under equity law litigants seek an injunction - a court order that requires a person to take and action or refrain from taking action

Re: juvenile law, what is a status offense as compared to a delinquency violation?

Delinquency a violation of a criminal law that would be a crime if the act were committed by an adult Theft, burglary, sale or possession of drugs, and criminal damage to property may be placed on probation or committed to a juvenile institution the period of confinement may exceed that for an adult Status offenses involve acts illegal only for juveniles runaway, truancy, possession of alcohol, and curfew violations may be sent to the same juvenile correctional institutions as are those found to be delinquent

What is the general efficacy of drug courts as compared to traditional courts? Why were they created?

Drug Courts o Response to War on Drugs, and efforts to arrest, prosecute and imprison drug offenders o Result of experimentation by judges, prosecutors, public defenders, and others Treatment Approach to Drug Offenders o Premised on belief that treatment will reduce the likelihood of rearrest o Sentence tied to drug court o Other changes include efforts to advance "therapeutic justice" - focusing on therapy instead of punishment o Variants on drug court (focusing exclusively on drugs and families or juveniles)

What was decided by the Supreme Court in the case In re Gault?

Facts of the case Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call. Gault had previously been placed on probation. The police did not leave notice with Gault's parents, who were at work, when the youth was arrested. After proceedings before a juvenile court judge, Gault was committed to the State Industrial School until he reached the age of 21. Question Were the procedures used to commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment? Conclusion No. The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment. These requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross-examination at the hearings, and adequate safeguards against self-incrimination. The Court found that the procedures used in Gault's case met none of these requirements.

Know the difference in the views of Anti-Federalists/Nationalists and Federalists

Federalists used Federalist papers as means to support the Constitution Believed that the Bill of Rights was unnecessary due to their belief that the Constitution should be interpreted broadly favored necessary and proper clause (elastic clause) loose/broad interpretation of Constitution favored very few states' rights sharp critics of the Articles of Confederation Federalists distrusted provincial state courts and favored the establishment of lower federal courts (State's cant be trusted to decide) The Judiciary Act of 1789 The act was both a victory for the federalists and a product of compromise District court boundaries were drawn along state lines By custom district court judges would be residents of their districts Lower courts had limited jurisdiction Federalists pushed for the Judiciary Act of 1801 Eliminated circuit riding Created many new judgeships Extended lower federal court jurisdiction Federalist Paper #78 Anti-Federalists believed in reserved powers; powers not given to federal government automatically belonged to the people promoted Bill of Rights to protect the rights of the people rejected the idea of the necessary and proper clause (the elastic clause) strict interpretation of the Constitution government should be given to the people weak national government States rights advocates feared a strong national court system. States decide issues first

Be able to define the following a. Injunction b. Stare Decisis c. Diversity of citizenship d. Trial de novo

Injunction An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Precedence (Stare Decisis) • Court decision that serves as authority for deciding a similar question of law in a later case • Also referred to as stare decisis "let the decision stand" • Sometimes statements in a case are not interpreted as precedent - obiter dicta - the part of the reasoning in a judicial opinion that is unnecessary to resolve the case - is not considered precedent • Reliance on precedent is central to the common law approach • Focus on very specific issues • Provides stability, coherence, and predictability • "Stare decisis is usually wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right" Diversity of Citizenship A basis for taking a lawsuit to federal court, in which the opposing parties are citizens of different states (including corporations incorporated or doing business in different states) or one is a citizen of a foreign country Courts apply state, not federal law Constitute 25% of civil docket Power was first established in judiciary act of 1789 but controversy remains (Critics believe state courts are better able to resolve these disputes) Trial de novo means a "new trial" by a different tribunal. A trial de novo is usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law

What is an inquisitorial system as compared to an adversarial system

Inquisitorial System a legal system where the court or a part of the court is actively involved in investigating the facts of the case Civil law Adversarial System • The parties are responsible for calling witnesses and asking questions • A judge acts as a neutral decision maker presiding over a battle between the opposing parties • The best system for finding "the truth" • He said, she said credibility determination • Party Prosecution It is the responsibility of the parties, not the judge or jury, to define the legal issues Encourages each party to present its best case • Neutral and Passive Decision Maker The judge is a neutral arbitrator and expected to be passive Must be free from pressure - independent Common-law

Re-read (or read for the first time) Federalist Paper #78. Know what Alexander Hamilton is saying.

It was written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States. In particular, it addresses concerns by the Anti-Federalists over the scope and power of the federal judiciary, which would have comprised unelected, politically insulated judges that would be appointed for life.

What defines a "law." What qualities must a law have for it to be valid? What is justice?

Law o 4 main qualities Body of rules Enacted by public officials In a legitimate manner Backed by the force of the state o Regulates the public and private institutions o Laws govern relationships between people and government Provide predictability o Enacted by public officials as opposed to HOA's, schools, businesses, etc. o Laws must be passed in a "legitimate manner" to be valid "By a legitimate party, for a legitimate cause, in a legitimate way at a legitimate time" And backed by the force of the state (city, county, state, federal government) "There can be no laws without sanctions Law and Justice • Justice is the goal, law is how we get there • Definitions of law do not necessarily include justice Justice is fairness in treatment by the law • Justice Is winning Is achieving desired results "good v. bad" results Is equated with normative values "right to privacy v. rights of the unborn"

Understand the different levels of courts (trial courts, appellate courts, courts of last resort) and the jurisdiction each can have (limited, general, appellate).

Levels of Courts Trial Courts of Limited Jurisdiction: Lower Courts • Lower level courts whose jurisdiction is limited to minor civil and criminal cases • City courts, Justice of the Peace, Magistrates, Municipal Courts • Are usually not courts of record • Cases are appealed to trial courts of general jurisdiction Appeal is de novo Trial Courts of General Jurisdiction responsible for major criminal and civil cases ("major trial courts") Cover everything not delegated to courts of limited jurisdiction These are courts of record Trial and Appellate Courts • Most cases, civil or criminal, begin in trial court • The losing party at trial may request an appellate review of the case • An appellate court ensures that the trial court correctly interpreted and applied the law In deciding cases appellate courts reexamine old rules, devise new ones, and interpret past court decisions and statutory language Appellate courts and trial courts operate very differently Appellate courts have no witnesses, no trials are conducted and juries are never used Appellate judges often provide written opinions justifying their decisions • The principal difference is that a trial centers on determining the facts, whereas an appeal focuses on correctly interpreting the law Courts of Last Resort o Usually referred to as State Supreme Court o Number of judges varies o Ultimate review board for state law and constitution o Similar processes as the US Supreme Court but with more cases: mostly discretionary jurisdiction

Know from which article of the Constitution the different courts get their power and how the Constitution prescribes the creation of federal courts

The Constitutional Convention The Articles of Confederation lacked "a national court system - No SCOTUS • There was widespread agreement that "a national judiciary be established" States rights advocates feared a strong national court system. States decide issues first (Anti-Federalists) Federalists distrusted provincial state courts and favored the establishment of lower federal courts State's cant be trusted to decide (Nationalists) • Article III was a compromise - creating a Supreme Court but other federal courts only as Congress deems necessary Article I and Article III Status • Article I are specialty courts • Differences III serve for life, I for a fixed term

Know the general makeup of the different levels of courts (# of judges used)

United States District Courts • 677 judgeships Nominated by president, confirmed by US Senate, serve during "good behavior" Number depends on workload Assisted by clerks, admin assistants, court reporters, probation officers, etc. • Large Districts may have a federal public defender • Each District has a US Attorney Nominated by the president, confirmed by the Senate, but serves at the pleasure of the president Prosecutes violations of federal law and represents the government in civil cases Three-Judge District Courts • A special type of District Court • Policy issues interact with court structure • Created by Congress to prevent single federal judges from deciding certain types of cases • Created on an ad-hoc basis and disbanded after the case has been decided • Complex process Party files suit in District Court The judge assigned to the case notifies the chief judge of the Court of Appeals covering that District The chief judge appoints two other judges to sit with the judge assigned (One of the two must be a member of the Court of Appeals) (Other cases put aside) US Magistrate Judges • Assist/selected by District Court judges • Help with overflow • Full-time are appointed for 8 year terms, part-time 4 year terms • Can be removed for "good cause" • Raises Constitutional issues Magistrate judges perform quasi-judicial tasks but are not Article III judges • Today they perform a wide variety of duties - depends on the jurisdiction

Why were juvenile courts created?

o Unique blend o civil and criminal o Underlying philosophy is legal doctrine of parens patriae o Most cases are delinquency, status offenses and child victim o Delinquency - violation of criminal law that would be a crime if committed by an adult Penalties include probation or juvenile institution A large portion of offenders o Status offenses involve acts illegal only for juveniles Sentence may be juvenile detention Child victim petitions involving neglect or dependency o Two standards Best interest of the child Best interest of the community

Civil Law

• Also called Roman law, Romano-Germanic law, or continental law The oldest family of law Starts with a code - the compilation of laws The code expresses rules of law as general principals, vague The code provides answers for all disputes Most widely used in the contemporary world Judges not lawyers dominate court hearings Judges are career bureaucrats who have not been practicing lawyers Juries are not generally used - mixed tribunals of judges and lay citizens are used in serious criminal cases

What does it mean to have a dual court system?

• America has one national court system and separate court systems in each of the 50 states • Federal courts are located in every state and territory • Organizationally the US courts operate in a similar throughout the country - but they often differ in their interpretation of the law • Sometimes state and federal courts share judicial power over a case

Be able to discuss what precedent is and how it's used.

• Court decision that serves as authority for deciding a similar question of law in a later case • Also referred to as stare decisis "let the decision stand" • Sometimes statements in a case are not interpreted as precedent - obiter dicta - the part of the reasoning in a judicial opinion that is unnecessary to resolve the case - is not considered precedent • Reliance on precedent is central to the common law approach • Focus on very specific issues • Provides stability, coherence, and predictability • "Stare decisis is usually wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right" • The law emerges through precedent found in court decisions

Know what federalism is.

• Divides power between the national and state governments • Federal law refers to the law of the national government - applies across the nation • State law applies to citizens within its territory - it is extensive and diverse • Local law applies to a limited geographic or functional area - states grant local jurisdictions legal powers Courts and Federalism • Courts are divided along federal and state lines. The relationship between federal and state power is frequently controversial. The US Supreme Court can declare any law unconstitutional - sometimes these are state/local laws Brown v. Board of Education (1954) declared Topeka, KS actions unconstitutional Constitutional decisions continue today (Death penalty restrictions, gun laws)

Islamic Law

• Most legal systems of the world are secular - but not all • Islamic law is termed the shari'a • Based on the Qur'an, which sets out principles revealed by God • And the Sunna which contains the practices and decisions of Muhammad • Islam and Islamic clerics influence the law • Very different from US Common Law Part of judges' training is religious Lawyers not independent from the court Juries are not allowed

Socialist Law

• Originated in the former Soviet Union (aka "communist law") • Partly based on the civil system (a code) • But is also revolutionary - law is to be used to create a radically different society • Based on the philosophu of Karl Marx and Lenin - the societal ownership • Rejects law as the fundamental basis for society - law is the arbitrary work of an autocratic sovereign (absolute rule) • The primary goal is the protection of the state - private property receives less protection • Law has an educational role - it is an instrument of educating members about the new Socialist society

Know the rings of the judicial system as discussed in the book

• The Inner Ring is made up of the institutions of law: law and courts Law is a body of rules, enacted by public officials and backed by the force of the state Courts are places where judges work Courts decide disputes based on law All three branches of government are involved in deciding what the law is Courts do not just decide law - they make it too. They are involved in fitting law to the needs of a dynamic society • The Middle Ring primarily includes lawyers and judges Lawyers interpret the law to their clients and are the principal gatekeepers of the legal system (discretion) Judges are society's authoritative interpreters of the law. How the (and should be) selected is source of constant debate (TX: Elected) • The Outer Ring are the consumers of law and are the thousands of citizens that call the police, file a lawsuit, join interest groups, etc. They provide the raw material for courts Some consumers are individuals filing lawsuits but they may also be groups or businesses The circles of the legal system are constantly interacting with the social, economic and political forces at work in the United States

What was accomplished by the Judiciary Act of 1789

• The first bill introduced in the Senate • Provided the foundation for the current three-tier system of federal courts Supreme Court, circuit courts, and 13 district courts Circuit Courts had 3 judges, 2 Supreme Court Justices, and 1 district court judge • The act was both a victory for the federalists and a product of compromise District court boundaries were drawn along state lines By custom district court judges would be residents of their districts Lower courts had limited jurisdiction

Common Law

• Traces its roots to medieval England • After the Norman conquest (1066) the King's courts began to apply the common customs of the entire realm rather than one village • Common law came to be viewed as general law as opposed to special law - it was the law common to the entire land • Very formulaic: if you do X, then you pay $y