Which of the following Best Describes How Judges Make Law

Jury pool – The group of people from which the actual jury is selected. The jury pool is randomly selected from a source such as voter registration banks. Lawyers in the case select actual jurors from the jury pool in a process called voir dire. Pre-trial conference – A meeting of the judge and lawyers to discuss issues that should be submitted to the jury, to review the evidence and witnesses, to establish a schedule, and to discuss the resolution of the case. The Supreme Court`s opinion in Gideon v. Wainwright guaranteed the right to legal aid for impoverished defendants who could not afford legal representation. The Gideon decision was based on the Sixth Amendment to the Constitution, which guarantees defendants «the assistance of defense counsel.» The Gideon case dealt with the question of whether this guarantee of assistance required the State to provide legal advice if a defendant did not have the means to exercise his constitutional right. Which of the following statements is not a form of persuasion? Article III of the Constitution tells us that judges.» perform their duties with good conduct. Although it is somewhat vague, the intention is clear. Judges are sentenced to life imprisonment because, once appointed, they keep their jobs until they decide to resign as long as they are of «good conduct.» To ensure this good behavior, there are «checks» of the judiciary built into the constitution.

Chief Justice – The judge who has primary responsibility for the administration of a court. The President also decides on business, and the choice of Presidents is determined by seniority. First, judges are appointed at the federal level instead of being elected. This frees judges from running for office, raising money and taking a partisan stance on issues. Thus, once appointed, they do not need to please their constituents to be re-elected and can simply do their job. Third, judges cannot be punished with a pay cut. This certainty allows judges to decide each case strictly on the basis of the legal issues they face, no matter how unpopular their decisions are. The Supreme Court`s best-known power is judicial review, or the court`s ability to declare a legislative or executive act unconstitutional is not found in the text of the Constitution itself.

The Court established this doctrine in Marbury v. Madison (1803). A litigant who loses in a federal appeals court or in a state`s highest court can file a petition for a «writ of certiorari,» which is a document that asks the Supreme Court to reconsider the case. However, the Supreme Court is not required to grant review. The court usually only approves a case if it is a new and important legal principle or if two or more federal courts of appeal have interpreted a law differently. (There are also special circumstances in which the Supreme Court is required by law to hear an appeal.) When a case is brought before the Supreme Court, the parties must file written pleadings and the court may hear oral proceedings. Which of the following best describes the judicial act of distinguishing a case? Librarian – Meets the information needs of judges and lawyers. The second factor that helps judges remain independent is their life imprisonment. The lifespan provides job security and allows appointed judges to do what is right under the law because they do not have to worry about being fired if they make an unpopular decision. The simplest answer to these questions is that the rule of law can never be completely separated from the people who make up our government and society. Rather, the rule of law is an ideal to which we aspire, but sometimes we do not realize.

Grand jury – A panel of citizens who hear evidence of criminal charges presented by the government and determine whether there are probable reasons to believe the crime was committed. As used in federal criminal cases, «the government» refers to lawyers in the U.S. Attorney`s Office who are pursuing the case. Trial before a grand jury is closed to the public and the person suspected of having committed the crime is not allowed to be present or have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. If a court is faced with a legal dispute and a previous court has ruled on the same or closely related issue, the court will make its decision in accordance with the decision of the previous court. The court which ruled on the previous instance must be binding on the court; Otherwise, the previous decision is only convincing. In Kimble v. Marvel Enterprises, the U.S. Supreme Court has described the reasoning behind stare decisis as «promoting the impartial, predictable, and consistent development of legal principles, promoting the use of judicial decisions, and contributing to the real and perceived integrity of the judicial process.» Opinion – A written statement by a judge about a court decision. In an appeal, several opinions can be written. The decision of the court emanates from the majority of the judges and forms the majority opinion.

A dissenting opinion disagrees with the majority because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the Court`s final result, but offers further comments, perhaps because they disagree with how the court reached its conclusion. Magistrate Judges – bailiffs who assist U.S. District Judges in preparing cases. You can decide certain criminal and civil cases if both parties agree that the case will be heard by a district judge instead of a district judge. Bench trial – A trial without a jury, in which a judge decides the facts of the case. In a jury trial, the jury decides the facts. Defendants sometimes waive the right to a jury trial and choose to go to trial. The idea of the rule of law has been around for a long time. Many societies, including our own, have institutions and procedures in place to try to make the rule of law a reality. These institutions and procedures have helped define what constitutes the rule of law and what is necessary to achieve it. Judicial independence means that judges are independent of political pressure and influence in their decisions.

An independent judiciary is essential to uphold the rule of law. Judges should not be influenced by political party, private interest or public opinion when asked to determine what the law requires. The independence of the judiciary from these influences ensures that everyone has a fair chance to defend their case in court and that judges are impartial in their decisions. Judges must also explain their decisions in public written statements, and their decisions can be challenged for review before a higher court. These elements of judicial decision-making ensure that judges remain accountable to the rule of law. Federal appeals are decided by panels of three judges. The complainant makes legal arguments to the Panel in a written document called «oral argument». In the oral argument, the plaintiff tries to convince the judges that the trial court erred and that the lower decision should be overturned. On the other hand, the defendant of the appeal, known as the «appellant» or «defendant», tries to demonstrate in its argument why the decision of the trial court was correct or why the errors made by the trial court are not significant enough to influence the outcome of the case. Answer the following questions, then click «Submit» to get your score. Jurisdiction – (1) The legal authority of a court to hear and decide a case.

Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Article III of the Constitution, which establishes judicial power, leaves Congress considerable discretion in determining the form and structure of the federal judiciary. Even the number of Supreme Court justices is left to Congress — sometimes there were only six, whereas the current number (nine, with one chief justice and eight associate justices) has only existed since 1869. The Constitution also gives Congress the power to create courts subordinate to the Supreme Court and, to that end, Congress has established the United States District Courts, which hear most federal cases, and 13 United States Courts of Appeals, which review appellate courts. The accused has time to review all the evidence in the case and present a legal argument. Then the case goes to court and decided by a jury.

If it is concluded that the accused is not guilty of the crime, the charge is dismissed. Otherwise, the judge determines the sentence, which may include imprisonment, a fine or even execution. From the outset, our national and state constitutions and laws have emphasized procedural and substantive safeguards to ensure fair trials before impartial tribunals where all defendants are equal before the law. This noble ideal cannot be realized if the poor man accused of a crime must face his accusers without a lawyer to help him.

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