15Judiciary_bw_ - American Government Lecture 15 The...

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American Government Lecture 15 - The Judicial Branch
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Announcements No Class Thursday March 25 Cool Class Thursday Next Week April 1 Restructuring of class Announcement on Sakai Revision also in Syllabus folder
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Judicial Federalism Two Separate Court Systems State Courts Federal Courts State Courts Rule on matters of State Law Rely upon the State Constitution Hear 99% of all cases in America State Supreme Court decisions can be appealed to the Supreme Court of the United States Federal Courts Rule on matters of Federal government powers and law Involve parties from different states Involve parties from other nations
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Trial (District) Court Defendant is accused of causing harm Evidence of guilt is presented by Prosecutor Physical evidence Witnesses Defense presents evidence of innocence Judge or Jury decides if prosecutor has proved the case “beyond reasonable doubt” Defense has less to prove Just need to produce “reasonable doubt” If declared innocent, process ends No Double Jeopardy If guilty, can appeal
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Appeals Court Defendant argues to have guilt removed Defendants always have the right to appeal trial decisions Decision of a jury is considered final When a group of “one’s peers”, representing the People decides, there is no reason to doubt their decision No new evidence presented New case involves procedures followed in Trial Court Defense attempts to prove that trial was flawed Argues that procedure was not followed Generally that the Judge made a mistake Winning an appeal grants a new trial Losing the appeal can be appealed to Supreme Court • A “discretionary appeal”
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Supreme Court The final destination for a case Again, no new evidence presented The decision of the appeal is challenged Mainly, the rationale of the Appeals court can be challenged as violating the State’s Constitution Argues that the processes followed are unconstitutional Winning still doesn’t declare innocence Can award a new trial Generally awards a new appeal State SC can be appealed to the SCOTUS Arguing that the State is violating the Constitution Also a “discretionary appeal”
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SCOTUS ( S upreme C ourt o f t he U nited S tates) 9 Justices sit on SCOTUS Number isn’t fixed at 9, but has been stable Congress can change, but just hasn’t in a while Each Appeals circuit is assigned to a justice Appeals appeals are reviewed by that justice That justice may recommend the case to others All 9 Justices decide whether to accept each case Accept around 100 cases per year Every case heard by all 9 justices En Banc Decisions are final
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How Does SCOTUS choose cases? Has to accept certain cases
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This note was uploaded on 02/13/2011 for the course POLI SCI 790:106 taught by Professor Andersen during the Spring '11 term at Rutgers.

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15Judiciary_bw_ - American Government Lecture 15 The...

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