Controversy When the police installed the GPS that was illegal What did the

Controversy when the police installed the gps that

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Controversy: When the police installed the GPS that was illegal. What did the courts do? Why did the Supreme Court hear this care? How did the case get to the Supreme Court? Jurisdiction Authority to hear a case Original jurisdiction (Authority that hears the case at the beginning, first trial) Appellate jurisdiction (Authority of the court to hear an appeal from a court that has original jurisdiction) U.S system is set up so hat US Supreme Court is at the top (States by Constitution) Congress establishes other federal courts US Supreme Courts listens to appeals from the US Courts of Appeals Florida is #11 in the Court of Appeals Percentage of cases heard by the Supreme Court State Court of Last Resort-Florida Supreme Court (30%) US Courts of Appeals (65%) Original Jurisdiction (5%) US vs. Jones - Starts in US district courts - Gets appeal up to the Court of Appeals (Rules in Jones’ favor) Which court had original jurisdiction in Jones’ case? 1- US. District Court List of cases that are appealed to the US courts 1- Case is appealed 2- Discuss list 3- Discuss List of Conference
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4- Rule of Four (If 4 justices agree to hear a case, that’s enough to consider the case) 5- Order Certiorari (Order to the lower court to send the record to the Supreme Court) US Supreme Court decision-making: 1- Written Brief 2- Oral arguments 3- Case decided in conference (In Jones’ cases they decided that was an illegal search but they split on the reasons of why) 4- Opinion assignment (Majority Opinion Assignment: If Chief Justice is in the majority, he assigns the majority opinion) 5- Opinion issued (Made by Mr. Scalia in Jones’ case) If Chief of Justice is not in the majority, the most senior Associate Justice who is in the majority assigns the majority opinion Decision: The gov. trespassed the property of Mr. Jones that constitutes and illegal search. Other said Mr. Jones’ privacy had to be respected and not be followed around. Case goes back to district courts but they couldn’t use any evidence that came out of the GPS. Mr. Jones represents himself. He is tried several time until he is plaid guilty and sentenced to 15 years. Hamilton’s Federalist 78 Terms of “Good behaviour” It’s obvious that all judges auto serve in terms of good behavior. The President has substantial power under the Constitution. Congress has broad powers too. They both have to be reelected and expected to be responsible to the people. Judges have to be independent, the are not responsible to the people but for faithfully interpreting the law and Constituion. Therefore they need to have independence form Congress/President Extra credit question: What is the last name of the most senior Associate Justice of the US Supreme Court? (The current justice who has served the longest) (Scalia) Stages in the Confirmation Process 1- US District Courts: Senator Courtesy 2- Presidential Appointment 3- ABA Committee on Federal Judiciary (Norm of Senatorial courtesy: Most senior member gets to choose someone) (American Bar Association ranks Presidential nominees as well-qualified, qualified, or not-qualified) 4- Senate Judiciary Committee 5- Senate Confirmation
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