Supreme courts shift to the right
When Sandra Day O'Conner retired form the Supreme court a pivotal swing vote disappeared
-Bush 's appointments of Samuel Alito and John Roberts
-2007 decision to strike down as unconstitutional the use of race in assigning pupils to individual public scho
An important check
The framers viewed the federal judiciary as ________ against Congress and the president
Sword or purse
The judiciary has no influence over the ______ or _______
-Insulation from the public opinion
-insulation from the rest of the government
Judicial power is ensured via
Judicial review
The power of a court to refuse to enforce a law or government regulation that, in the opinion of he judges, conflicts with the US Constitution or, in state court, the state constitution.
Adversarial system
Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence
The Inquisitorial system
Judges take an active role in discovering ans evaluating evidence, will question witnesses and intervene as deemed necessary
Adversary system
Neutral two parties argue. Federal government brings criminal cases. The federal judiciary decides cases
Types of disputes
Civil and criminal
Criminal
Right to government provided attorneys
Right to trial by jury
Crimes against the public order
Liberty is at stake
Civil law
Relations between individuals and their legal rights
Typically monetary punishment
Passive and reactive
Judicial power is :
Harm must have been done
Case must be ripe
case cannot be moot
Case cannot be political
Power only to decide justiciable disputes
Justiciable disputes
Dispute growing out of an actual case or contoversy and is capable of settlement
Defendant
Ina criminal action the person or party accused of an offense
Plea bargain
Agreement between a prosecutor and a defendant that a defendent will plead guilty to a lesser offends to avoid having to stand trial for a more serious offense
Public defender system
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