Court Systems and legal procedure

We have a dual court systemWrit of Certiorari, Appellate, original jurisdiction, majority opinion, minority opinion (dissent), concurring opinion,

Adversarial—one side against the other

Plaintiff—person or state that sues (brings the claim

Defendant—person who is being suedFollow the Bill of Rights to understand

the nature of the judicial process4th Amendment---5th Amendment—6th Amendment—8th Amendment--

Criminal Process and Rae CaruthWhile watching the film on Rae Caruth, write

examples of the Criminal Process for every protection found in the 4th, 5th, 6th, and 8th Amendments.

Appeal notes

Warm-upOn a separate piece of paper, explain the

criminal process using the 4th, 5th, 6th, and 8th Amendments.

Types of Laws1. Criminal Law—State vs. individual—public wrongs—offenses

against the public order—end result is punishment—Plea Bargain---aquital—Two classifications of crimes

Felony—1 year in prison and/or a 10,000 fine Misdemeanor—lesser offense—small fines or short jail term

2. Civil Law (Tort) Individual vs. Individual—disputes between private parties—human conduct—end result is money—divorce, custody, torts (private wrongs)—Settlement--liable

3. Juvenile Courts--Rehabilitation is goal, not punishment!!4. Fundamental laws—rules found in Constitutions5. Statutory Law--laws passed by the legislature 6. Common Law--Unwritten judge made law7. Administrative Law--, orders, and regulations issued by

federal, state, or local agencies

Warm-upName 4 types of laws every citizen must be

concerned about. Give an example of each.

How a Bill Becomes a LawBill to a lawDebate—Open discussion by both sides of

an issueDebate ClauseArticle I, Sec. 6, Clause 1

CompromiseFinding the position most acceptable to the

largest number: process of blending and adjusting competing views and interests

ProcessSenate House1. Introduced Introduced—Bill

for Revenue MUST begin in House

2. Sent to Standing Committee Standing Committee

3. Floor for Debate Floor for debateFilibuster Limited4. Sent to House Sent to Senate5. Conference Committee 1 bill sent back to House and Senate

6. Now to President

Presidential Actions1. Veto—saying no to the bill and sent back to

Congress Override by a 2/3rds Vote

2. Sign the legislation3. Do nothing—Bill becomes a law within 10

Days Pocket Veto—If Congress adjourns within

the 10 days, the bill dies without any presidential action

See Article I, Section 7—How a bill becomes a law