s-33 - Exam 1 Study Guide Format 100 ?s; True or False 1....

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Exam 1 Study Guide Format 100 ?’s; True or False 1. Courts As Political Institutions [9/2] 1. From Teacher’s Notes 2. Baum talks about the many ways in which law explains what happens in courts. 1. But today, I’m going to argue that courts are inherently political. 1. they are by their very nature political, and that they can be nothing else. 3. Usefulness of recognizing the political nature of courts is that, if courts are political, some of the same kinds of things that are important to explaining other political institutions, are also important to courts. Courts are different from other political institutions 4. Politics who gets what, when , and how [Harold Lasswell] 1. The What of politics are Values 1. Tangible: wealth, status 2. Intangible: power, respect 5. Why Courts are political 1. ** courts are political b/c they allocate value [decisions will give to some but take away from others] 1. Influence of constituencies [group with common outlook] 2. 3. Pressures of organizational superiors 4. 2. The main players are elected by the people 3. judges can decide cases on political views 6. Court’s Decisions allocate value 1. Gideon v Wainwright right to an attorney 1. Value this decision allocated equality for everyone, redistribution of power, wealth 7. Political conflict over courts themselves 1. Structure 2. Personnel 3. Jurisdiction and Procedures
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2. Court Structure 1. Duel court system 1. Federal & state court systems overlap geographically [cases rarely move from fed to state, or from state to fed] Federal Court System State Court System Supreme Court of the U.S. [the only 2 nd -level appellate court] Circuit Courts of Appeals [serve as primary 1 st -level appellate courts] District Courts [serve as the primary trial courts of the system] Appellate Court of Last Resort Intermediate Courts of Appeal Trial Courts of general jurisdiction [called district, superior or circuit courts] Trial courts of limited jurisdiction [include municipal, country & state jurisdictions; called circuit, municipal, justice, district, or magistrate courts] 1. Cases usually stay w/ in single system [case brought to federal court almost always remains in federal courts] 2. Jurisdiction of federal courts is concurrent [shared by 2 or more courts] w/ that of state courts a. i.e.: civil cases brought by the federal gov’t can be heard in state or federal courts 3. 2. Judiciary Act of 1789 1. Allowed U.S. to ordain and established court system 2. Ordained a Federal Court System 1. Says Sup. Crt. will contain justices 3. Established Federal District Courts 1. No district court spans more than 1 state 2. [some states have more than 1 dist crt.] 4. Supreme Court 5. U.S. Courts of Appeals [1891] 6. Federal District Courts 1. Trial Courts of the Federal System 1. 94 total district courts 2. Original jurisdiction : case arises in that jurisdiction
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This note was uploaded on 04/19/2011 for the course CJUS 310 taught by Professor Staff during the Fall '09 term at Indiana.

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s-33 - Exam 1 Study Guide Format 100 ?s; True or False 1....

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