Law and Politics Final

Where do state judges come from?

bar association, federalist society, ivy law schools, more often than federal judges come from non-ivy leagues, have to be part of state bar association to be a part

What are the types of judicial selection?

Merit, gubernatorial, legislative, partisan, non-partisan

Retirement and Removal

have mandatory retirement ages in some states

other states just have impeachment and death, concurrent resolutions not impeachment but another way to get off of bench, mandatory retirement

Relationship of judicial independence to the method of selection

certain selection processes are to keep judicial independence, elected position have money and politics involved, which threaten judicial dependence, consider which types work the best vs the worst in the context of encouragign independence

Judicial Elections Effects of sentencing

during election years, judged will have harsher sentences

Judicial elections - money

elections have gotten progressively more expensive, wisconsin election that was millions, sometimes more expensive than senate and house seats

Gubernatorial Appointments in New Jersey

created shortages, led to slow selection and a lot of backlog cases, started prioritizing criminal cases and civil cases involving children, senatorial courtesy is what causes the shortages (roblem with appintment)

4 Levels of Courts

• courts of last resort

• intermediate appellate courts

• trial courts of general jurisdiction (broad, serious)

• trial courts of limited jusridiction (specialized, minor offenses)

Non-Partisan Election

Benefit: good since there is no party affiliation to base vote off of, instead have to do prior research to know the candidates you are voting for

Drawback: citizens do not have time nor motivation to do the necessary research, also becomes expensive

Partisan Election

Benefit: easy to vote based on party affiliation

Drawback: creates bias since not picking based off o acual opinions, instead just picking based off of party, also becomes expensive

Merit Selection

retention election,

Benefit: requires judges to be qualified

drawback: requires people to do research, and judges rule differently and more harshly when up for retention election, voter acquiescence (more likely to go with the flow and vote to keep a judge)

Defintion of a crime

an offense against the state that is punishable by fine, imprisonment, or death

5 Categories of Crime

conventional, economic, syndicated, political, consensual

elements of a crime

• law must define the crime and punishment

• actus reus

• mens rea

• injusry or result

• causal relationships (proof that a person’s action directly caused an injury)

Actus Reus

the action of the crime

Mens Rea

the intention behind a crime

Arraignment

when you are read your charges, is a pre-trial hearing to read charges against you

Plea Bargain

Usually people plea guilty to lesser charge

benefits:the state doesnt have to spend money on trials and defendant admits guilt,

drawbacks: prosecutor may overcharge in order to get the defendant to take a plea deal

Criminal Trial Result

guilt (when takign a plea, have to admit guilt)

Civil Trial Result

liability (do not have to admite guilt)

Settlement

happens in civil case, is not an admission of guilt

Fifth Amendment

right to due process, no double jeopardy, no self incrimination

Sixth Amendment

speedy and public trial by jury, clear charges, right to confront witnesses in defense and attorney

Seventh Amendment

right to trial by jury in civil case

Eighth Amendment

no cruel or unusual punishment

Fourteenth Amendment

equal protection clause (federal rights apply at the state level too)

Burden of Proof in a Criminal Case

beyond a reasonable doubt (99%)

Burden of Proof in a Civil Case

preponderance of evidence (51%)

Categories of Civil Law

• Contract Law

• Property Law

• Law of Succession

• Family Law

  • divorce, custody

• Tort Law

  • civil wrongs

Contract law

all contracts that are signed efore using.a service or good

Property Law

real estate

Law of Succession

person legally appointed like in a will

Family Law

divorce, child custody

Tort Law

Civil wrong

Deposition

happens in civil cases, lawyer pulls you into a conference room where you are asked questions under oath

Interrogatories

happens in civil case, write out ansers to questions sent to you