Ch 7: Judiciary

superior courts

trial courts of general jurisdiction, courts of first instance and triers of fact, majority are criminal rather than civil, busiest court in the system

california courts of appeal

intermediate courts, appellate jurisdiction (lost at superio —> can be appealed and goes to this court), review trials or records for error, largest intermediate appellate court system in the U.S., 6 districts, no death penalty cases

supreme court

highest court in the state, appellate court after california courts of appeal, judicial jurisdiction, appeals not automatically reviewed (justices decide which they wish to review— discretionary authority), hears disciplinary cases involving judges or attorneys, 7 justices

court are limited to the types of cases that civil courts and criminal courts can hear bc of ___

jurisdiction

criminal courts

deal with violations of state and local laws (felonies, misdemeanors, infractions)

civil courts

hear cases involving disputes between individuals or classes of individuals

legal challenges between state and federal courts regarding prop 215 (Compassionate Use Act)

california permits use of medical marijuana, federal government does not , attempts by fed to close dispenseries, some local governments call on the fed gov’t to help close some dispensaries

methods of selection for courts

nonpartisan elections for superior courts, merit selections for appellate courts

selection process for appellate courts

nominated by governor —> approved by Commission on Judicial Appointments —> reviewed by state bar —> judge holds office until next retention election 

debates regarding appointment versus election

appointment allows for judicial independence, election is essential for democracy and holds judges accountable

controversies surrounding judicial campaigning

increasing in cost, elections have low turnout

methods of removal from bench

recall elections and impeachment or voting for another candidate/against retaining a judge during an election, regulatory commission investigation if misconduct has occurred

contemporary issues for the judiciary

political shifts on court, legislative redistricting often contested in court by political parties, judicial interpretation to evaluate initiatives (arguments against such legal intervention), high caseload