California Judicial Branch

Overview of the U.S. Legal System

• Purpose: To maintain social order, resolve disputes, protect individual rights, and ensure justice.

• Key Differences:

  • Criminal vs. Civil Cases:

    • Criminal cases involve the government prosecuting an individual for violating laws (e.g., burglary); outcomes may include imprisonment or fines.

    • Civil cases involve disputes between individuals or entities where one party seeks compensation or specific performance (e.g., contract disputes).

  • Federal vs. State Courts:

    • Federal courts handle cases involving federal law, constitutional issues, or disputes between states or between U.S. citizens and foreign governments.

    • State courts handle cases involving state law, covering areas like family law, property, and contracts.

  • Trial vs. Appellate Courts:

    • Trial courts examine facts and evidence, leading to a verdict.

    • Appellate courts review decisions made by trial courts, focusing on legal interpretations rather than factual disputes.

• Resolution of Cases:

  • Most cases do not go to trial; they may be resolved through plea bargains, settlements, or alternative dispute resolution methods.

• Federal Court Structure:

  • Comprised of U.S. District Courts, U.S. Courts of Appeals, and the U.S. Supreme Court.

  • Selection of Federal Judges: Appointed by the President and confirmed by the Senate.

Judicial Review Definition

• Judicial Review: The power of courts to assess whether a law is in accordance with the Constitution.

Legal Terms

• Stare Decisis: The doctrine that obliges courts to follow established precedent when making decisions.

• Writ of Certiorari: An order by a higher court reviewing the decision of a lower court.

• Habeas Corpus: A legal action ensuring that a person under arrest is brought before a judge or into court.

• Due Process: Legal requirement for fair treatment through the normal judicial system.

Path to the U.S. Supreme Court

• Cases reach the Supreme Court through appeals from lower federal courts or state supreme courts, often involving significant constitutional questions.

• Influences on U.S. Supreme Court decisions include legal precedents, societal norms, political pressures, and the individual justices’ perspectives.

Structure of California State Court System

• Made up of different levels:

  • Superior Courts: state Trial courts in California, with 58 counties serving different jurisdictions.

  • Court of Appeal: Reviews decisions from Superior Courts, includes three-judge panels, divided into six districts.

  • California Supreme Court: Highest court in California; must have agreement from four justices to hear a case.

• Judicial Selection in California:

  • Superior Court judges are elected; justices of higher courts are appointed by the Governor and must be confirmed by voters in subsequent elections.

  • Judicial Selection in California:

    • Judges are nominated by the governor and their nomination must be approved by the Commission on Judicial Appointments, consisting of the Chief Justice, Attorney General, and a Court of Appeal Judge.

    • Following approval, voters confirm the appointment during the next general election.

    • Judges undergo a retention election every 12 years without any competing candidates.

    • They serve 6-year terms and can have competing candidates during retention elections.

    • Vacancies due to death or illness are filled by the governor.

    • Judges may face impeachment or recall, and can be investigated by a regulatory commission.

    • All state judges need to have a minimum of 10 years of legal practice in California or experience as a judge of a court of record.

    Key Differences between State Trial Court Judges and Appellate Court Judges:

    • State Trial Court Judges preside over fact-finding cases, examining evidence and conducting trials, whereas Appellate Court Judges review decisions made by trial courts, focusing on legal interpretations rather than factual disputes.

    • State Trial Court Judges deal with a broader range of cases, including criminal and civil matters, while Appellate Court Judges specifically handle appeals from trial courts and address legal questions that have arisen during those trials.

• judges can be removed by impeachment, recall and investigation by regulatory commission

Judicial Accountability vs. Independence

• Judicial Accountability: The mechanisms by which judges are held accountable to the public, often through elections. This can lead to concerns about fundraising from parties with cases before the court. comes from judges who we elect.

• Judicial Independence: The principle that judges must be insulated from political pressures, emphasizing the importance of impartiality and fairness in judicial decisions. Comes with judges who are there for life

• Appointed judges at the federal level promote independence, while elected judges may face political influence.

Judicial Review and Recent Cases

• California Supreme Court notably legalized gay marriage, ruling against Proposition 22 and later Proposition 8, reflecting shifting legal standards and societal values.