American Judicial Systems

Article 1

Legislative branch, senate & house create and pass laws

Article 2

Executive branch, gives authority to have president and V.P.

Article 3

Judicial branch, forms the court system from the SCOTUS down

1st Amendment

Freedom of Press, Assembly, Petition, Press, and Religion

2nd Amendment

The right to keep and bear arms

4th Amendment

The right against unreasonable searches and seizures

5th Amendment

The right against self incrimination, double jeopardy, due process, and just compensation when private property is taken for public use

6th Amendment

The right to a speedy and public trial, impartial jury from where crime was committed, to be informed of the accusation when arrested, to be confronted with the witnesses, the right to defense counsel 

8th Amendment

Right against excessive bail and fines, and against cruel and unusual punishment

14th Amendment

All people born in the US are citizens of the United States and of the State wherein they reside, equal protection of the laws for all persons, and the guarantee of due process of law

Society

Group of people that share a common territory & common culture

Culture

Norms, values, &ideals shared be a group of people

Norms

Standards of behavior

Deviance

Violation of social norms

Laws

Formalized norms, when a group of people believe that when you violate these norms that there should be sanctions 

Constitutional law

Both federal & state constitutions

Statutory law

Laws enacted by congress

Administrative law

Laws generated by administrative agencies both federal & state

Case law 

President that is set from court rulings

Originalists

People who believe that the constitution as written

Lobbyists

Individuals who represent organization to persuade law makers to vote a certain way

Burdon of proff

Preponderance of evidence, in criminal law this is beyond a reasonable doubt 

Criminal law categories

Felonies, misdemeanors, ticket able offences

Felony

The most serious criminal violation that sees a year plus in jail

Misdemeanor

Less serious offences that generally see less than a year

Ticket able offence

Less serious offences where fines are opposed rather than jail

Administrative law

laws that dover different government departments (OSHA)

Substantive law

laws that define actions that may be criminal but not charged by the government 

Judge

In charge of procedural law, oversee procedure and determine guilt in bench trials, deal with pre trial motions, bail, issues of evidence, issue arrest & search warrants

Jury

Trial and grand

Trial juries

Determine guilt

Grand juries

Investigates but also issues inditements, meet in secrete 

Prosecution 

Represent  the state and federal government by bringing charges against those  convicted, legal advisors to law enforcement

Federal court system

Supreme court, circuit courts of appeal, district courts

State court system

Court of last resort, appeals court, trial courts courts of limited jurisdiction 

Trial courts

First time that a case is in court, hear felony& more serious crimes, one judge, have juries

Court of limited jurisdiction

Handle specific cases family, bankruptcy, veteran cases

Jurisdiction

Power a court has to hear a case

Geographic jurisdiction

Where crime has occurred, crimes get charged where they happened

Subject matter jurisdiction

General offences get brought to trial court

Hierarchical

where a case enters all the way to the courts of last resort

In bank

Judges that decide if they are going to hear a case based on majority opinion