American Judiciary Final

Holding of Miranda v. Arizona

An arrested individual is entitled to rights against self-incrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution

Types of Alternative Dispute Resolution

arbitration and mediation

Arbitration

Usually binding, more formal, arbitrator decides

Mediation

non binding, parties control outcome, less formal

Person suing in a civil case

Plaintiff

Person being sued in civil case

Defendant

District Courts

the lowest federal courts; federal trials can be held only here

Collegial Court

A court made up of a group of judges

Criminal Law vs. Civil Law

Cases involving a violation of local, state, or federal laws

Civil Law

Cases involving one party attempting to seek payment or resolution of damages caused by another party.

Factors impacting president's ability to influence judicial branch

The president nominates all federal judges in the judicial branch

Specialty Courts definition

cultivated and created to address a specific issue

Specialty Courts Examples

Drug court, DWI Court, Juvenile Court

ways congress can respond to unfavorable judicial decisions

Changing the Court's jurisdiction, modifying the impact of a Court decision after it has been made, amending the Constitution in relation to the Court

Justiciability doctrines

Prohibition of Advisory Opinion
Standing
Ripeness
Mootness
Political Question Doctrine

Prohibition of Advisory Opinions

Prevents the federal courts from resolving cases in which there is no concrete controversy between parties. Will not issue opinion on hypotheticals

Standing

a legal rule stating who is authorized to start a lawsuit, sufficiently connected to case and suffered some type of injury

Mootness

Issue already resolved itself

Political Questions

if the problem is better suited for a different branch

Rightness

Issues capable of repetition but evading review (most commonly school discrimination and abortion)

Trial procedure

Jury Selection
Trial (with burden of proof on prosecution)
Jury Deliberations
Jury Verdict
Sentencing Hearing (if Defendant found guilty)

Direct examination

The questioning of a witness by the side that called the witness to the stand

Cross Examination

Questioning of a witness conducted by the lawyer for the opposing side

Appeal Process

legal proceedings in which a person requests that a decision or ruling be changed

Rational Basis

Lowest threshold, determines constitutionality

Intermediate Scrutiny

a test used by the Supreme Court that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

Strict Scrutiny

Burden on government, applies to fundamental rights and discrimination

Burden of proof in a criminal case

beyond a reasonable doubt

Burden of proof in a civil case

preponderance of the evidence

Ex Post Facto law

law that makes an act punishable as a crime even if the action was legal at the time it was committed

Bills of Attainder Laws

laws under which specific persons or groups are detained and sentenced without trial

Writ

court order

Writ of mandamus

Telling a gov official to do their job

Writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

guilty plea

admission of guilt to the crime charged

not guilty plea

defendant claims not to have committed a criminal charge

No Contest (Nolo contendere)

not admitting guilt but will be treated as guilty

Alford plea

Taking a plea in the best interest

Discovery methods for civil cases

Depositions and Interrogations

Deposition

the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes.

interrogation

the act of questioning

Writ of Certiorari

An order by a higher court directing a lower court to send up a case for review

Arraignment

Formally responding to charges

Jeopardy

The risk of criminal liability that a defendant faces at trial.

Voir Dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.