AP Government 1.9 - The Judiciary

American Legal Principles

- Equal Justice Under the Law
- Due Process
- Adversarial System
- Presumptive Innocence

Equal Justice Under the Law

All people who appear in court must be treated equally; no one is above the law; when jurors hear a case, they are instructed not to privilege the testimony of a police officer over that of the defendant.

Due Process

The Constitutional protection against unfair governmental actions and laws. The right of due process is outlined in the 5th and 14th Amendments.

Substantive Due Process

Deals with the question of whether the law is fair.

Procedural Due Process

Deals with the question of whether laws are fairly applied.

- The right to present evidence, including the right to call witnesses.
- The right to know opposing evidence.
- The right to cross-examine adverse witnesses.
- Opportunity to be represented by counsel.

Preponderance

There is a greater than 50% chance that the claim is true.

Injunction

A court order requiring a person to do or cease a certain action.

Beyond a Reasonable Doubt

The prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented.

Civil Law

- Parties Involved: Private Plaintiff vs. Private Defendant
- Standard of Proof: - Preponderance of the Evidence
- Burden of Proof: Rests with the Plaintiff
- Examples: Breach of Contract, Personal Injury
- Penalties: Financial Compensation, Restraining Orders/Injunctions

Criminal Law

- Parties Involved: Government vs. Private Defendant
- Standard of Proof: Beyond a Reasonable Doubt
- Burden of Proof: Rests with the Government
- Examples: Burglary, DUI, Murder
- Penalties: Fine, Incarceration, Restraining Orders/Injunctions

Grand Jury

A grand jury is presented with evidence from the U.S. attorney, the prosecutor in federal criminal cases. The grand jury determines whether there is "probable cause" to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant.

- Consists of 16-23 people
- Grand jury proceedings are not open to the public
- Defendants and their attorneys do not have the right to appear before the grand jury

Adversarial System

- Accused and the accuser
- Judge or the jury
- The opposing parties approach the matter competitively
- Adversaries are given an opportunity to present arguments and evidence that support its claims
- They can question each other

Court of Appeals

- Must prove that the trial court made a legal mistake that caused you harm
- You must prove there was a mistake

Common grounds for appeal:
- Improper evidence or exclusion of evidence
- Insufficient evidence
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Jury misconduct
- Abuse of discretion by a judge

The appellant must show that there is a reasonable probability that the grounds affected the outcome of the case.

How are federal judges chosen?

The President chooses judges for lifetime appointments, and the appointees must be confirmed by the Senate.

Writ of Certiorari

A request that the Supreme Court order a lower court to send up a case for review.

Judicial Review

The power to declare what the Constitution means and whether the actions of the government violate the Constitution.

Unanimous Decision

ALL JUSTICES AGREE.

Majority Decision

Split decision; majority ruling

Concurring Decision

By one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision.

They can also agree with a majority of what was stated, but not every single piece.

Dissenting Opinion

Justices in the minority give a written decision.