http
ce&
smp
cQ_
_&im
Exac
3A&
B4w
CzR
titut
cont
F02
justi
onst
-just
blin
IDENTIFYING THE FUNCTIONS
AND THE STRUCTURE OF THE
U.S. JUDICIAL SYSTEM
Structure
 United States of America Constitution
 Federal Roles In Education
 State Legislation
 State Administrative
 School Board
 Local School Boards
Federal Control Over
Education
 Tenth Amendment of the US Constitution
 “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.”
 ''Interference with the power of the States was no
constitutional criterion of the power of Congress. If the
power was not given, Congress could not exercise it; if
given, they might exercise it, although it should interfere
with the laws, or even the Constitutions of the States.
 The Federal government has no jurisdiction over certain
specified issues.
 http://constitution.findlaw.com/amendment10/annotation
01.html#2
The Feds are Limited
 Therefore ,Congress does not possess the
legal authority over the area of education.
This is entirely a sovereign state issue.
https://www.google.com/search
ce&source=lnms&tbm=isch&sa=
smpU9uoHYqgyAT98YCQBA&v
cQ_AUoAg&biw=1707&bih=956
_&imgdii=Pidz7KuGdcqShM%3A
ExachyaUnosM%3BPidz7KuGdc
3A&imgrc=Pidz7KuGdcqShM%2
B4wvkIAaMsCzRM%3Bhttp%253A%252F%2
titutionallyspeaking.co.za%252
content%252Fuploads%252F20
F02%252Fblindjustice.gif%3Bhttp%253A%252F
onstitutionallyspeaking.co.za%2
-justice-is-not-alwaysblind%252F%3B834%3B1500
http://www.texasgopvote.com/tags/tenth-amendment-center
Court Recognizes State
Legislative Authority
 Raise revenue and distribute educational





funds
Control teacher licensure
Prescribe curricular offerings
Establish pupil performance standards
Specified regulatory powers
Mandate school attendance or ensure equal
education for all citizens (usually ages 6-16)
 Authorize other school governance
arrangements
 State-funded charter schools
https://www.google.com/search?q=
ce&source=lnms&tbm=isch&sa=X&
smpU9uoHYqgyAT98YCQBA&ved=
cQ_AUoAg&biw=1707&bih=956#fa
_&imgdii=Pidz7KuGdcqShM%3A%3
ExachyaUnosM%3BPidz7KuGdcqSh
3A&imgrc=Pidz7KuGdcqShM%253A
B4wvkIAaMsCzRM%3Bhttp%253A%252F%252Fc
titutionallyspeaking.co.za%252Fwp
content%252Fuploads%252F2013%
F02%252Fblindjustice.gif%3Bhttp%253A%252F%2
onstitutionallyspeaking.co.za%252F
-justice-is-not-alwaysblind%252F%3B834%3B1500
Legal Battleground
 Courts clarify the legislative intent of state
laws when multiple interpretations are
presented.
 Legislatures can amend laws for clarity
 Invalidated laws, abridging state or federal
constitutional provisions or federal civil rights
laws, the legislature is subject to judicial
directives. (When the legislature falters)
 Delegate authority to subordinate agencies
to make rules and regulations necessary to
implement laws.
 Legislature establishes guidelines
 Courts reiterate that public authority is not
local but is a state legislative centralized.
State Owned
 School Buildings
 Local School Board Members
 Teachers
 Public School Funds
US Judicial Court Visual
Summary
You
US Judicial Court Structure I
https://www.google.com/search?q=structure+of+the+united+states+court+system&tbm=isch&imgil=s6-2PWP75_AlM%253A%253Bhttps%253A%252F%252Fencryptedtbn2.gstatic.com%252Fimages%253Fq%253Dtbn%253AANd9GcTNDK02eXgqN69nKOdQMXjdWYcTDgSkVEDKdCMCq_TrLvmjrzR%253B720%253B540%253BYqiu6xrUjOA2M%253Bhttp%25253A%25252F%25252Fwww.catea.gatech.edu%25252Fgrade%25252Flegal%25252Fstructure.html&sour
ce=iu&usg=__8qlSwyfMLjizGUhOKY7H3BzouMk%3D&sa=X&ei=0rqkUHzDbSwsASqvYGADA&ved=0CD0Q9QEwAw&biw=1707&bih=956#facrc=_&imgdii=_&imgrc=lVljuwL2jNR5wM%253A%3BrTc8tH
J1l0J1tM%3Bhttp%253A%252F%252Fwww.nyulawglobal.org%252Fglobalex%252FSaudi_Arabia_files%252Fimage003.jpg%3Bhtt
p%253A%252F%252Fwww.nyulawglobal.org%252Fglobalex%252Fsaudi_arabia.htm%3B541%3B270
District Court Areas
https://www.google.com/search?q=structure+of+the+united+states+court+system&tbm=isch&imgil=s6-2PWP75_AlM%253A%253Bhttps%253A%252F%252Fencryptedtbn2.gstatic.com%252Fimages%253Fq%253Dtbn%253AANd9GcTNDK02eXgqN69nKOdQMXjdWYcTDgSkVEDKdCMCq_TrLvmjrzR%253B720%253B540%253BYqiu6xrUjOA2M%253Bhttp%25253A%25252F%25252Fwww.catea.gatech.edu%25252Fgrade%25252Flegal%25252Fstructure.html&sour
ce=iu&usg=__8qlSwyfMLjizGUhOKY7H3BzouMk%3D&sa=X&ei=0rqkUHzDbSwsASqvYGADA&ved=0CD0Q9QEwAw&biw=1707&bih=956#facrc=_&imgdii=_&imgrc=NV1XD31pWddH7M%253A%3BplV2
SOa6kJ-nOM%3Bhttp%253A%252F%252Fwww.bushellappellatelaw.com%252Ffiles%252F2011%252F06%252FDCA-Mape1309544803428-300x255.jpg%3Bhttp%253A%252F%252Fwww.bushellappellatelaw.com%252Finfo%252F%3B300%3B255
State Administrative
Agencies
 Adopt regulations to fill in gaps in state laws.
 Administrative Law providing guidance to the
laws passed.
Legislature
State Board of
Education
Function and Structure of
the Judicial System
Federal Level
State Level
District/ School Level
U.S. Constitution
State Constitution
School Board Policies
Federal Statutes
State Statutes
Collective Bargaining
Agreements
Federal Regulations
State Regulations
School Rules
Classroom Rules
Local School Boards: Power
Distribution to School Board
Local Control Paradigm
Central Control Paradigm
Abundant Latitude in making
operational decisions regarding
schools.
Local boards must function within the
framework of detailed legislative
directives.
 Courts are reluctant to interfere with the
school board, but they will invalidate futile,
arbitrary, over reaching authority or
capricious decisions.
Federal Role In Education
 United States Constitution
 General Welfare Clause
 Commerce Clause
 Obligation of Contracts Clause
Related Constitutional
Amendments for School Law
 First Amendment
 Fourth Amendment
 Fifth Amendment
 Eighth Amendment
 Ninth Amendment
 Thirteenth Amendment
 Fourteenth Amendment
Process Filing Procedures
Plaintiff >
Complaint >
Summons to
Counterclaims &
pg.17
(Court Clerk)
Defendant >
Claims Against
Third Parties >
Discovery >
Pretrial Motions >
Arbitration >
State or Federal
Trial Court >
Jury Selection >
Opening
Statements >
Plaintiff’s Case: >
Directed Verdict ( )
Judgment as a Matter of Law >
Defendant’s Case >
Closing Arguments
>
Jury Instructions >
Verdict >
Post trial Motions >
http://www.americanbar.org/groups/public_education/resources/law_related_e
ducation_network/how_courts_work/casediagram.html
Legal Practice Mentality
Rational Basis:
Intermediate Scrutiny:
Strict Scrutiny:
Suspect Classification:
Special Treatment:
Sameness:
History
Common Law:
Statutory Law:
Constitutional Law:
Dual Court Structure
State Courts:
Federal Courts:
Civil Court Proceedings
Pre-trial Procedures in Civil Cases
Suits begin with the filing of a complaint in the proper court. The person filing the suit is often referred to as the plaintiff ; the
person or entity against whom the case is filed is often referred to as the defendant . In some areas of law, such as domestic
relations, the person filing the complaint is the petitioner , and the person against whom the case is filed is the respondent.
The complaint states the plaintiff's version of the facts, the legal theory under which the case is brought (negligence, for
example), and asks for certain damages or other relief. The plaintiff also files with the court clerk a request that a summons (or
notice) be issued to the defendant. In many jurisdictions, the summons will be served by a deputy sheriff or special process
server. In other jurisdictions, it may be served by mail. It notifies the defendant that a lawsuit has been filed against him or her.
After being notified, the defendant has a certain period of time to file an answer admitting or denying the allegations made in
the complaint.
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/cases_pretrial.html
Settlements
Steps in a Trial
Settling Cases
Relatively few lawsuits ever go through the full range of
procedures and all the way to trial. Most civil cases are settled by
mutual agreement between the parties. A dispute can be settled
even before a suit is filed. Once a suit is filed, it can be settled
before the trial begins, during the trial, while the jury is
deliberating, or even after a verdict is rendered.
A settlement doesn’t usually state that anyone was right or
wrong in the case, nor does it have to settle the whole case. Part
of a dispute can be settled, with the remaining issues left to be
resolved by the judge or jury.
Criminal cases are not settled by the parties in quite the same
way civil cases are. However, not every case goes to trial. The
government may decide to dismiss a case, or be ordered to do so
by a court. The defendant may decide to plead guilty, perhaps as
a result of negotiations with the government that result in
dismissing some of the charges or recommending leniency in
sentencing. Plea bargains are a very important and efficient way
to resolve criminal cases.
http://www.americanbar.org/groups/public_education/resources/
law_related_education_network/how_courts_work/cases_settlin
g.html
Steps in a Trial
Jurisdiction and Venue
The plaintiff's lawyer must decide where to file the case. A court has no authority to decide a case unless it
has jurisdiction over the person or property involved. To have jurisdiction, a court must have authority over
the subject matter of the case and the court must be able to exercise control over the defendant, or the
property involved must be located in the area under the court's control.
The extent of the court's control over persons and property is set by law.
Certain actions are transitory . They can be brought wherever the defendant may be found and served with
a summons, and where the jurisdiction has sufficient contact with one of the parties and the incident that
gave rise to the suit. An example would be a lawsuit against a business--it would probably be sufficient to file
suit in any county in which the business has an operation, and not necessary to file suit in the county where
it its headquartered.
Other actions - such as foreclosing on a piece of property - are local. They can be brought only in the county
where the subject of the suit is located.
Venue refers to the county or district within a state or the U.S. where the lawsuit is to be tried. The venue of
a lawsuit is set by statute, but it can sometimes be changed to another county or district. For example, if a
case has received widespread pre-trial publicity, one of the parties may make a motion (request to the
judge) for change of venue in an effort to secure jurors who haven’t already formed an opinion about the
case. Venue also may be changed for the convenience of witnesses.
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_cou
rts_work/jurisdiction.html
Steps in a Trial
Pleadings
A lawsuit begins when the person bringing the suit files a complaint. This first step begins
what is known as the pleadings stage of the suit. Pleadings are certain formal documents
filed with the court that state the parties' basic positions. Common pre-trial pleadings
include:
Complaint (or petition or bill). Probably the most important pleading in a civil case, since
by setting out the plaintiff's version of the facts and specifying the damages, it frames the
issues of the case. It includes various counts - that is, distinct statements of the plaintiff’s
cause of action - highlighting the factual and legal basis of the suit.
Answer. This statement by the defendant usually explains why the plaintiff should not
prevail. It may also offer additional facts, or plead an excuse.
Reply. Any party in the case may have to file a reply, which is an answer to new
allegations raised in pleadings.
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has
injured the defendant in some way, and should pay damages. ("You're suing me? Well
then, I'm suing you.") It may be filed separately or as part of the answer. If a counterclaim
is filed, the plaintiff must be given the opportunity to respond by filing a reply.
http://www.americanbar.org/groups/public_education/resources/law_related_education_
network/how_courts_work/pleadings.html
Steps in a Trial
Motions
Motions are not pleadings but are requests for the judge to make a legal
ruling. Some of the most common pre-trial motions include:
Motion to Discover. A motion by which one party seeks to gain information
from the adverse party.
Motion to Dismiss. This motion asks the court to dismiss the suit because
the suit doesn’t have a legally sound basis, even if all the facts alleged are
proven true.
Motion for Summary Judgment (sometimes called motion for summary
disposition). This motion asks the court for a judgment on the merits of the
case before the trial. It is properly made where there is no dispute about the
facts and only a question of law needs to be decided.
http://www.americanbar.org/groups/public_education/resources/law_relate
d_education_network/how_courts_work/motions.html
Steps in a Trial
Discovery
To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties
about the witnesses and evidence they’ll present at trial.
Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent "trial by ambush,"
where one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence.
One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any
person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or
both. In most states, either of the parties may take the deposition of the other party, or of any other witness. Both sides have the right to
be present during oral depositions.
Depositions enable a party to know in advance what a witness will say at the trial. Depositions can also be taken to obtain the testimony of
important witnesses who can’t appear during the trial. In that case, they’re read into evidence at the trial.
Often a witness's deposition will be taken by the opposing side and used to discredit the witness's testimony at trial if the trial testimony
varies from the testimony taken during the deposition. (A lawyer might ask a witness at trial, “Are you lying now or were you lying then?”)
Usually depositions consist of an oral examination, followed by cross-examination by the opposing side. In addition to taking depositions,
either party may submit written questions, called interrogatories , to the other party and require that they be answered in writing under
oath. If one party chooses to use an interrogatory, written questions are sent to the lawyer representing the other side, and that party has
a period of time in which to answer.
Other methods of discovery include
subpoenaing or requiring the other side to produce books, records or other documents for inspection (a subpoena is a written order issued
by a court compelling a person to testify or produce certain physical evidence such as records);
having the other side submit to a physical examination; or
asking that a document be submitted for examination to determine if it is genuine.
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery.html
Steps in a Trial
Bringing the Charge
Criminal charges are brought against a person in one of three ways:
Through an indictment voted by a grand jury.
Through the filing of an information by the prosecuting attorney (also called the
county, district, or state's attorney) alleging that a crime was committed.
Sometimes charges are pressed through the filing of a criminal complaint by
another individual, which is essentially a petition to the district attorney asking
him/her to initiate charges.
Through a citation by a police officer for minor traffic offenses and the like. This
procedure is usually used for certain petty misdemeanors and other minor
criminal matters.
The charge must tell the time, date and place that the criminal act allegedly took
place, the alleged involvement of the accused, and the details of the crime itself.
http://www.americanbar.org/groups/public_education/resources/law_related_e
ducation_network/how_courts_work/bringingcharge.html
Steps in a Trial
Evidence
The heart of the case is the presentation of evidence. There are two types of
evidence -- direct and circumstantial.
Direct evidence usually is that which speaks for itself: eyewitness accounts, a
confession, or a weapon.
Circumstantial evidence usually is that which suggests a fact by implication or
inference: the appearance of the scene of a crime, testimony that suggests a
connection or link with a crime, physical evidence that suggests criminal activity.
Both kinds of evidence are a part of most trials, with circumstantial evidence
probably being used more often than direct. Either kind of evidence can be
offered in oral testimony of witnesses or physical exhibits, including fingerprints,
test results, and documents. Neither kind of evidence is more valuable than the
other.
Strict rules govern the kinds of evidence that may be admitted into a trial, and
the presentation of evidence is governed by formal rules.
http://www.americanbar.org/groups/public_education/resources/law_related_e
ducation_network/how_courts_work/evidence.html
Steps in a Trial
Direct Examination
Lawyers for the plaintiff or the government begin the presentation of evidence by calling witnesses . The questions
they ask of the witnesses are direct examination. Direct examination may elicit both direct and circumstantial
evidence. Witnesses may testify to matters of fact, and in some instances provide opinions. They also may be called to
identify documents, pictures or other items introduced into evidence.
Generally witnesses cannot state opinions or give conclusions unless they are experts or are especially qualified to do
so. Witnesses qualified in a particular field as expert witnesses may give their opinion based on the facts in evidence
and may give the reason for that opinion.
Lawyers generally may not ask leading questions of their own witnesses. Leading questions are questions that
suggest the answers desired, in effect prompting the witness. An example is, "Isn't it true that you saw John waiting
across the street before his wife came home?"
Objections may be made by the opposing counsel for many reasons under the rules of evidence, such as to leading
questions, questions that call for an opinion or conclusion by a witness, or questions that require an answer based on
hearsay.
Most courts require a specific legal reason be given for an objection. Usually, the judge will immediately either sustain
or overrule the objection. If the objection is sustained, the lawyer must re-phrase the question in a proper form or ask
another question. If the objection is overruled and the witness answers the question, the lawyer who raised the
objection may appeal the judge's ruling after the trial is over.
As a handbook for federal jurors points out, AA ruling by the judge does not indicate that the judge is taking sides. He
or she is merely saying, in effect, that the law does, or else does not, permit that question to be asked.@ Even if the
judge decides every objection against a certain party, he or she is not taking sides or indicating to jurors how they
should decide the case.
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/
directexam.html
Steps in a Trial
Cross-Examination
When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the
defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only
on matters that were raised during direct examination. Leading questions may be asked during crossexamination, since the purpose of cross-examination is to test the credibility of statements made during
direct examination. Another reason for allowing leading questions is that the witness is usually being
questioned by the lawyer who did not originally call him or her, so it is likely that the witness will resist any
suggestion that is not true. When a lawyer calls an adverse or hostile witness (a witness whose relationship
to the lawyer’s client is such that his testimony is likely to be prejudicial) on direct examination, the lawyer
can ask leading questions as on cross-examination.
On cross-examination, the attorney might try to question the witness's ability to identify or recollect or try to
impeach the witness or the evidence. Impeach in this sense means to question or reduce the credibility of the
witness or evidence. The attorney might do this by trying to show prejudice or bias in the witness, such as his
or her relationship or friendship with one of the parties, or his or her interest in the outcome of the case.
Witnesses may be asked if they have been convicted of a felony or a crime involving moral turpitude
(dishonesty), since this is relevant to their credibility.
Opposing counsel may object to certain questions asked on cross-examination if the questions violate the
state's laws on evidence or if they relate to matters not discussed during direct examination.
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_cour
ts_work/crossexam.html
Steps in a Trial
Instructions to the Jury
The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions,
the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing
arguments.) The judge reads the instructions to the jury. This is commonly referred to as the judge's charge
to the jury.
In giving the instructions, the judge will state the issues in the case and define any terms or words that may
not be familiar to the jurors. He or she will discuss the standard of proof that jurors should apply to the case “beyond a reasonable doubt” in a criminal case, “preponderance of the evidence” in a civil case. The judge
may read sections of applicable laws.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of
witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the
trial, and that the opening and closing arguments of the lawyers are not evidence. Sometimes judges will
explain what basic facts are in dispute, and what facts do not matter to the case.
The judge will point out that his or her instructions contain the interpretation of the relevant laws that govern
the case, and that jurors are required to adhere to these laws in making their decision, regardless of what the
jurors believe the law is or ought to be. In short, the jurors determine the facts and reach a verdict, within the
guidelines of the law as determined by the judge.
Many states allow the lawyers to request that certain instructions be given, but the judge makes the final
decisions about them. Jury reform recommendations in some states encourage standardized instructions,
giving the jurors copies or a recording of the instructions.
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_cour
ts_work/juryinstruct.html
Steps in a Trial
Mistrials
Mistrials are trials that are not successfully completed. They’re terminated and declared
void before the jury returns a verdict or the judge renders his or her decision in a nonjury
trial.
Mistrials can occur for many reasons:
death of a juror or attorney
an impropriety in the drawing of the jury discovered during the trial
a fundamental error prejudicial (unfair) to the defendant that cannot be cured by
appropriate instructions to the jury (such as the inclusion of highly improper remarks in
the prosecutor's summation)
juror misconduct (e.g., having contacts with one of the parties, considering evidence not
presented in the trial, conducting an independent investigation of the matter)
the jury's inability to reach a verdict because it is hopelessly deadlocked.
Either side may make a motion for a mistrial. The judge will either grant the motion and
declare a mistrial, or he or she will not grant the motion and the trial will go on.
http://www.americanbar.org/groups/public_education/resources/law_related_education_
network/how_courts_work/mistrials.html
Steps in a Trial
Verdict
After reaching a decision, the jury notifies the bailiff, who notifies the judge. All
of the participants reconvene in the courtroom and the decision is announced.
The announcement may be made by either the foreperson or the court clerk.
Possible verdicts in criminal cases are “guilty” or “not guilty.” In a civil suit, the
jury will find for the plaintiff or the defendant. If the jury finds for the plaintiff, it
will also usually set out the amount the defendant should pay the plaintiff for
damages, often after a separate hearing concerning damages. The jury will also
make a decision on any counterclaims that may be part of the case.
The lawyer for either party may ask that the jury be polled , although the
request usually comes from the losing party. This means each juror will be asked
if he or she agrees with the decision, as announced. This is to make sure that the
verdict announced is the actual verdict of the jury. After the decision is read and
accepted by the court, the jury is dismissed, and the trial is over.
http://www.americanbar.org/groups/public_education/resources/law_related_e
ducation_network/how_courts_work/verdict.html
Steps in a Trial
Motions after Verdict
Motions permitted after a verdict is announced differ from state to state.
A motion in arrest of judgment questions the sufficiency of the indictment or
information in a criminal case and asks that the judgment not be enforced.
A motion for judgment notwithstanding the verdict is the equivalent in civil
cases to the motion in arrest of judgment. It may be made after the jury's
decision is announced but before a judgment is entered. This motion asks the
judge to enter a judgment for the losing party despite the decision of the jury.
A motion for a new trial asks for a new trial to be granted, based on errors
committed by the judge during the trial. In some states, the losing party must
make a motion for a new trial before filing an appeal.
http://www.americanbar.org/groups/public_education/resources/law_related_e
ducation_network/how_courts_work/motionsverdict.html
Steps in a Trial
Judgment
The decision of the jury doesn’t take effect until the judge enters a judgment on
the decision - that is, an order that it be filed in public records.
In a civil suit, the judge may have the authority to increase or decrease the
amount of damages awarded by the jury, or to make some other modifications
before entering judgment. In criminal cases, the judge generally has no
authority to modify the verdict. In most jurisdictions, he or she must accept it or
reject it (e.g., by granting a motion in arrest of judgment).
If the defendant doesn’t pay the damages awarded to the plaintiff in a civil case,
the plaintiff may ask for an execution of the judgment. The clerk of the court in
such a case will deliver the execution to the sheriff, commanding him to take and
sell the property of the defendant and apply that money to the amount of the
judgment.
http://www.americanbar.org/groups/public_education/resources/law_related_e
ducation_network/how_courts_work/judgment.html
Steps in a Trial
Sentencing
If the defendant is convicted in a criminal case, the judge will set a date for
sentencing. Before that time, a pre-sentence investigation will take place to
help the judge determine the appropriate sentence from the range of
possible sentences set out in the statutes. The pre-sentence investigation
may consider the defendant's prior criminal record, family situation, health,
work record, and any other relevant factor.
In most states and in the federal courts, only the judge determines the
sentence to be imposed. (The main exception is that in most states juries
impose sentence in cases where the death penalty is a possibility.) The
federal courts and some states have sentencing guidelines to guide judges
in determining appropriate sentences and to encourage uniformity.
http://www.americanbar.org/groups/public_education/resources/law_relate
d_education_network/how_courts_work/sentencing.html
Steps in a Trial
Appeals
A popular misconception is that cases are always appealed. Not often does a losing party have
an automatic right of appeal. There usually must be a legal basis for the appeal—an alleged
material error in the trial—not just the fact that the losing party didn’t like the verdict.
In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant
has a right to an appeal in most states. (Some states give the prosecution a limited right to
appeal to determine certain points of law. These appeals usually occur before the actual trial
begins. Appeals by the prosecution after a verdict are not normally allowed because of the
prohibition in the U. S. Constitution against double jeopardy, or being tried twice for the same
crime.)
Criminal defendants convicted in state courts have a further safeguard. After using all of their
rights of appeal on the state level, they may file a writ of habeas corpus in the federal courts in
an attempt to show that their federal constitutional rights were violated. The right of a federal
review imposes the check of the federal courts on abuses that may occur in the state courts.
An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider
new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on
arguments that there were errors in the trial’s procedure or errors in the judge's interpretation
of the law.
http://www.americanbar.org/groups/public_education/resources/law_related_education_netw
ork/how_courts_work/appeals.html
Appeal Procedure
The party appealing is called the appellant, or sometimes the petitioner. The other party is the
appellee or the respondent. The appeal is instituted with the filing of a notice of appeal. This
filing marks the beginning of the time period within which the appellant must file a brief, a
written argument containing that side's view of the facts and the legal arguments upon which
they rely in seeking a reversal of the trial court. The appellee then has a specified time to file an
answering brief. The appellant may then file a second brief answering the appellee's brief.
Sometimes, appeals courts make their decision only on the basis of the written briefs.
Sometimes, they hear oral arguments before deciding a case. Often the court will ask that the
case be set for oral argument, or one of the parties will request oral argument. At oral
argument, each side's attorney is given a relatively brief opportunity to argue the case to the
court, and to answer questions posed by the judges. In the U.S. Supreme Court, for example, an
hour is set for oral argument of most cases, which gives each side's lawyers about half an hour
to make their oral argument and answer questions. In the federal courts of appeals, the
attorneys are often allotted less time than that - 10- or 15-minute arguments are common.
The appellate court determines whether errors occurred in applying the law at the lower court
level. It generally will reverse a trial court only for an error of law. Not every error of law,
however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of
the parties to a fair trial. For example, in a criminal case a higher court may conclude that the
trial judge gave a legally improper instruction to the jury, but if the mistake were minor and in
the opinion of the appellate court had no bearing on the jury's finding, the appellate court may
hold it a harmless error and let a guilty verdict stand. However, an error of law, such as
admitting improper evidence, may be determined to be harmful and therefore reversible error.
After a case is orally argued or otherwise presented for judgment, the appeals court judges will
meet in conference to discuss the case. Appellate courts often issue written decisions,
particularly when the decision deals with a new interpretation of the law, establishes a new
precedent, etc. At the conference, one judge will be designated to write an opinion. The
opinion may go through several drafts before a majority of the court agrees with it. Judges
disagreeing with the majority opinion may issue a dissenting opinion. Judges agreeing with
the result of a majority decision but disagreeing with the majority's reasoning may file a
concurring opinion. Occasionally the appeals court will simply issue an unsigned opinion.
These are called per curiam (by the court).
If the appeals court affirms the lower court's judgment, the case ends, unless the losing party
appeals to a higher court. The lower court decision also stands if the appeals court simply
dismisses the appeal (usually for reasons of jurisdiction).
If the judgment is reversed, the appellate court will usually send the case back to a lower court (
remand it) and order the trial court to take further action. It may order that
a new trial be held,
the trial court's judgment be modified or corrected,
the trial court reconsider the facts, take additional evidence, or consider the case in light of a
recent decision by the appellate court.
In a civil case, an appeal doesn’t ordinarily prevent the enforcement of the trial court's
judgment. The winning party in the trial court may order the judgment executed. However, the
appealing party can file an appeal or supersedeas bond. The filing of this bond will prevent, or
stay, further action on the judgment until the appeal is over by guaranteeing that the
appealing party will pay or perform the judgment if it is not reversed on appeal.
“String Theory” & The Rules
of The “Game”

McCulloch v. Maryland (1819)
Holding: The Constitution gives the federal government certain implied powers.
Maryland imposed a tax on the Bank of the United States and questioned the federal government's ability to grant
charters without explicit constitutional sanction. The Supreme Court held that the tax unconstitutionally interfered
with federal supremacy and ruled that the Constitution gives the federal government certain implied powers.

Marbury v. Madison (1803)
Holding: Established the doctrine of judicial review.
In the Judiciary Act of 1789, Congress gave the Supreme Court the authority to issue certain judicial writs. The
Constitution did not give the Court this power. Because the Constitution is the Supreme Law of the Land, the Court
held that any contradictory congressional Act is without force. The ability of federal courts to declare legislative
and executive actions unconstitutional is known as judicial review.

Cooper v. Aaron (1958)
Holding: States cannot nullify decisions of the federal courts.
Several government officials in southern states, including the governor and legislature of Alabama, refused to
follow the Supreme Court's Brown v. Board of Education decision. They argued that the states could nullify federal
court decisions if they felt that the federal courts were violating the Constitution. The Court unanimously rejected
this argument and held that only the federal courts can decide when the Constitution is violated.

Gideon v. Wainwright (1963)
Holding: Indigent defendants must be provided representation without charge.
Gideon was accused of committing a felony. Being indigent, he petitioned the judge to provide him with an
attorney free of charge. The judge denied his request. The Supreme Court ruled for Gideon, saying that the Sixth
Amendment requires indigent criminal defendants to be provided an attorney free of charge.
Rules of The “Game”
 Brown v. Board of Education (1954)
Holding: Separate schools are not equal.
In Plessy v. Ferguson (1896), the Supreme Court sanctioned
segregation by upholding the doctrine of "separate but equal."
The National Association for the Advancement of Colored People
disagreed with this ruling, challenging the constitutionality of
segregation in the Topeka, Kansas, school system. In 1954, the
Court reversed its Plessy decision, declaring that "separate
schools are inherently unequal.“
 Texas v. Johnson (1989)
Holding: Even offensive speech such as flag burning is protected by
the First Amendment.
To protest the policies of the Reagan administration, Gregory Lee
Johnson burned an American flag outside of the Dallas City Hall.
He was arrested for this act, but argued that it was symbolic
speech. The Supreme Court agreed, ruling that symbolic speech
is constitutionally protected even when it is offensive.
Rules of The “Game”
U.S. v. Nixon (1974)
Holding: The President is not above the law.
The special prosecutor in the Watergate affair
subpoenaed audio tapes of Oval Office
conversations. President Nixon refused to turn over
the tapes, asserting executive privilege. The
Supreme Court ruled that the defendants' right to
potentially exculpating evidence outweighed the
President's right to executive privilege if national
security was not compromised.
http://www.uscourts.gov/educationalresources/get-informed/supremecourt/landmark-supreme-courtcases.aspx
https://www.google.com/search?q=King+
Obama&source=lnms&tbm=isch&sa=X&
ei=SdKoU9a9FI20yATY74LwDw&ved=0C
AYQ_AUoAQ&biw=1707&bih=956#facrc
=_&imgdii=_&imgrc=pQCx6O_WEbp2M%253A%3Bi_1tFFFk4mRU6M%3Bh
ttp%253A%252F%252Fseeingredaz.files.
wordpress.com%252F2010%252F02%25
2Fking_obama1.jpg%3Bhttp%253A%252
F%252Fseeingredaz.wordpress.com%252
F2010%252F02%252F02%252Fobamaking-of-government-expansion-stealth-
Funding Laws
Civil Rights Laws
 http://www.annenbergclassroom.org/files/do
cuments/roleofcourts.pdf
Situations: Can A Child…
More significantly, Burger wrote that "the
marked distinction between the political
‘message' of the arm-bands in Tinker and
the sexual content of respondent's speech
in this case seems to have been given little
weight by the Court of Appeals. . . . [T]he
undoubted freedom to advocate unpopular
and controversial views in schools and
classrooms," the Chief Justice continued,
"must be balanced against the society's
countervailing interest in teaching students
the boundaries of socially appropriate
behavior."
Lower courts also disagree over what types
of speech are subject to censorship under
the Fraser standard. For example, the 11th
U.S. Circuit Court of Appeals has ruled that
school districts can ban the Confederate
flag because it is plainly offensive to
students. And another court confronted
this issue when a junior high school student
wore a T-shirt to class bearing the words,
"Drugs Suck!" The student in the case
argued that the shirt conveyed an
important "anti-drug message" and did not
disrupt the school environment. The school
countered that the shirt was inappropriate
because the word ‘suck' has a vulgar
connotation. The federal district court in
Virginia sided with the school, and based
its decision on a broad application of the
Fraser standard:

Despite the ruling, David Hudson, an attorney with the
First Amendment Center in Nashville, says many courts
are still divided in how they apply the Fraser standard.
"Some courts apply Fraser to all vulgar or lewd student
speech even if the speech is student-initiated," says
Hudson. "Other courts only apply Fraser to vulgar student
speech that is in some way school-sponsored." The
distinction is significant, Hudson argues, because it gives
school officials the ability to characterize some student
speech as offensive or vulgar even if the expression
contains a political message.
http://www.bizpacreview.com/2014/03/16/democrats-nazi-salute-atplanning-meeting-causes-outrage-in-fla-media-omits-party-affiliation106692
http://www.fivefreedoms.org/5fre
edoms/assembly/legal_faqs
Federal Administrative
Agencies
Example Cases
 Supreme Court, New York County, New York.
 SCHOOL OF VISUAL ARTS and Laurie
Pearlberg, Plaintiffs, v. Diane KUPREWICZ
and John Does 1-100, Defendants.
 Decided: December 22, 2003
Etymology of Appeal
 appeal
c.1300 (n.), early 14c. (v.), originally in legal sense of
"calling" to a higher judge or court, from Anglo-Fr. apeler
"to call upon, accuse," from O.Fr. apeler (11c., Mod.Fr.
appeler), from L. appellare "to accost, address, appeal to,
summon, name," iterative of appellere "to prepare," from
ad- "to"
 + pellere "to beat, drive." Probably a Roman metaphoric
extension of a nautical term for "driving a ship toward a
particular landing." Popular modern meaning "to be
attractive or pleasing" is quite recent, attested from 1907
(appealing in this sense is from 1891), from the notion of "to
address oneself in expectation of a sympathetic response."
Definition of Appeal

appeal
1) v. to ask a higher court to reverse the decision of a trial court after final
judgment or other legal ruling. After the lower court judgment is entered into
the record, the losing party (appellant) must file a notice of appeal, request
transcripts or other records of the trial court (or agree with the other party on an
"agreed-upon statement"), file briefs with the appeals court citing legal reasons
for over-turning the ruling, and show how those reasons (usually other appeal
decisions called "precedents") relate to the facts in the case. No new evidence is
admitted on appeal, for it is strictly a legal argument. The other party
(Respondent or appellee) usually files a responsive brief countering these
arguments. The appellant then can counter that response with a final brief. If
desired by either party, they will then argue the case before the appeals court,
which may sustain the original ruling, reverse it, send it back to the trial court, or
reverse in part and confirm in part. For state cases there are Supreme Courts
(called Courts of Appeal in New York and Maryland) which are the highest
appeals courts, and most states have lower appeals courts as well. For Federal
cases there are Federal Courts of Appeal in ten different "circuits," and above
them is the Supreme Court, which selectively hears only a few appeals at the
highest level. 2) n. the name for the process of appealing, as in "he has filed an
appeal."
 Supreme Court
 State Supreme Court/ Superior Court
 Court of Appeals (After a Judgment Order)
 Civil Court or Criminal Court
When Can a Party File for an
Appeal?
The losing party in a decision by a trial court in the federal system normally is entitled to
appeal the decision to a federal court of appeals. Similarly, a litigant who is not satisfied
with a decision made by a federal administrative agency usually may file a petition for
review of the agency decision by a court of appeals. Judicial review in cases involving
certain federal agencies or programs — for example, disputes over Social Security
benefits — may be obtained first in a district court rather than a court of appeals.
In a civil case either side may appeal the verdict. In a criminal case, the defendant may
appeal a guilty verdict, but the government may not appeal if a defendant is found not
guilty. Either side in a criminal case may appeal with respect to the sentence that is
imposed after a guilty verdict.
A litigant who files an appeal, known as an "appellant," must show that the trial court or
administrative agency made a legal error that affected the decision in the case. The court
of appeals makes its decision based on the record of the case established by the trial
court or agency. It does not receive additional evidence or hear witnesses. The court of
appeals also may review the factual findings of the trial court or agency, but typically
may only overturn a decision on factual grounds if the findings were "clearly erroneous."
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/TheAppealsProcess.a
Sometimes

Appeals are decided by panels of three judges working together. The appellant
presents legal arguments to the panel, in writing, in a document called a "brief."
In the brief, the appellant tries to persuade the judges that the trial court made
an error, and that its decision should be reversed. On the other hand, the party
defending against the appeal, known as the "appellee," tries in its brief to show
why the trial court decision was correct, or why any error made by the trial court
was not significant enough to affect the outcome of the case.
Appeals
The court of appeals decision usually will be the final word in the case,
unless it sends the case back to the trial court for additional proceedings, or
the parties ask the U.S. Supreme Court to review the case. In some cases
the decision may be reviewed en banc, that is, by a larger group of judges
(usually all) of the court of appeals for the circuit.
A litigant who loses in a federal court of appeals, or in the highest court of a
state, may file a petition for a "writ of certiorari," which is a document
asking the Supreme Court to review the case. The Supreme Court, however,
does not have to grant review. The Court typically will agree to hear a case
only when it involves an unusually important legal principle, or when two or
more federal appellate courts have interpreted a law differently. There are
also a small number of special circumstances in which the Supreme Court is
required by law to hear an appeal. When the Supreme Court hears a case,
the parties are required to file written briefs and the Court may hear oral
argument.
Appeals Process
It worked!
Appeal
Appeal
Judge’s Decision
https://www.google.com/search?q=bill+and+ted's+excellent+adventure&source=lnms&
tbm=isch&sa=X&ei=8GGnU_XEOYaoyASI1YLgBA&ved=0CAcQ_AUoAg&biw=1707&bi
h=956
Appeals Process
https://www.google.com/search?q=pulp+fiction&tbm=isch&ei=y_oU_tcs6SxBPTpgPgL#facrc=_&imgdii=_&imgrc=7Fbp09nJmPRFuM%253A%3BPT8cyUacGip8QM%3Bhttp%253A%252F%252Fi
mages2.fanpop.com%252Fimage%252Fphotos%252F13100000%252FPulp-Fiction-pulp-fiction-13189175-1920810.jpg%3Bhttp%253A%252F%252Fwww.fanpop.com%252Fclubs%252Fpulpfiction%252Fimages%252F13189175%252Ftitle%252Fpulp-fiction-screencap%3B1920%3B810
https://www.google.com
&tbm=isch&ei=y_oU_tcs6SxBPTpgPgL#q=
acrc=_&imgdii=_&imgrc=
3A%3BfKYd2QMlhYzm1
F%252Fthejesuscodpiece
252F2010%252F02%252
flav2.jpg%3Bhttps%253A
odpiece.wordpress.com%
music%252F%3B400%3B
Appeals Process
Investigation
Investigation
Investigation
Victory!
Civil Cases I





Civil Cases
A federal civil case involves a legal dispute between two or more parties. To begin a civil lawsuit in
federal court, the plaintiff files a complaint with the court and "serves" a copy of the complaint on
the defendant. The complaint describes the plaintiff's injury, explains how the defendant caused
the injury, and asks the court to order relief. A plaintiff may seek money to compensate for the
injury, or may ask the court to order the defendant to stop the conduct that is causing the harm.
The court may also order other types of relief, such as a declaration of the legal rights of the
plaintiff in a particular situation.
To avoid the expense of having a trial, judges encourage the litigants to try to reach an agreement
resolving their dispute.
To prepare a case for trial, the litigants may conduct "discovery." In discovery, the litigants must
provide information to each other about the case, such as the identity of witnesses and copies of
any documents related to the case. The purpose of discovery is to prepare for trial by requiring the
litigants to assemble their evidence and prepare to call witnesses. Each side also may file requests,
or "motions," with the court seeking rulings on the discovery of evidence, or on the procedures to
be followed at trial.
One common method of discovery is the deposition. In a deposition, a witness is required under
oath to answer questions about the case asked by the lawyers in the presence of a court reporter.
The court reporter is a person specially trained to record all testimony and produce a word-forword account called a transcript.
Civil Cases II

To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. In
particular, the courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, or "ADR," designed
to produce an early resolution of a dispute without the need for trial or other court proceedings. As a result, litigants often decide to
resolve a civil lawsuit with an agreement known as a "settlement."

If a case is not settled, the court will schedule a trial. In a wide variety of civil cases, either side is entitled under the Constitution to
request a jury trial. If the parties waive their right to a jury, then the case will be heard by a judge without a jury.

At a trial, witnesses testify under the supervision of a judge. By applying rules of evidence, the judge determines which information may
be presented in the courtroom. To ensure that witnesses speak from their own knowledge and do not change their story based on what
they hear another witness say, witnesses are kept out of the courtroom until it is time for them to testify.

A court reporter keeps a record of the trial proceedings.

A deputy clerk of court also keeps a record of each person who testifies and marks for the record any documents, photographs, or other
items introduced into evidence.

As the questioning of a witness proceeds, the opposing attorney may object to a question if it invites the witness to say something that is
not based on the witness's personal knowledge, is unfairly prejudicial, or is irrelevant to the case. The judge rules on the objection,
generally by ruling that it is either sustained or overruled. If the objection is sustained, the witness is not required to answer the question,
and the attorney must move on to his next question. The court reporter records the objections so that a court of appeals can review the
arguments later if necessary.

At the conclusion of the evidence, each side gives a closing argument. In a jury trial, the judge will explain the law that is relevant to the
case and the decisions the jury needs to make. The jury generally is asked to determine whether the defendant is responsible for harming
the plaintiff in some way, and then to determine the amount of damages that the defendant will be required to pay. If the case is being
tried before a judge without a jury, known as a "bench" trial, the judge will decide these issues. In a civil case the plaintiff must convince
the jury by a "preponderance of the evidence" (i.e., that it is more likely than not) that the defendant is responsible for the harm the
plaintiff has suffered.
Criminal Cases I





Criminal Cases
The judicial process in a criminal case differs from a civil case in several important ways. At the
beginning of a federal criminal case, the principal actors are the U.S. attorney (the prosecutor) and
the grand jury. The U.S. attorney represents the United States in most court proceedings,
including all criminal prosecutions. The grand jury reviews evidence presented by the U.S.
attorney and decides whether there is sufficient evidence to require a defendant to stand trial.
After a person is arrested, a pretrial services or probation officer of the court immediately
interviews the defendant and conducts an investigation of the defendant's background. The
information obtained by the pretrial services or probation office will be used to help a judge
decide whether to release the defendant into the community before trial, and whether to impose
conditions of release.
The standard of proof in a criminal trial is "beyond a reasonable doubt," which means the evidence
must be so strong that there is no reasonable doubt that the defendant committed the crime.
At an initial appearance, a judge advises the defendant of the charges filed, considers whether the
defendant should be held in jail until trial, and determines whether there is probable cause to
believe that an offense has been committed and the defendant has committed it. Defendants who
are unable to afford counsel are advised of their right to a court-appointed attorney. The court
may appoint either a federal public defender or a private attorney who has agreed to accept such
appointments from the court. In either type of appointment, the attorney will be paid by the court
from funds appropriated by Congress. Defendants released into the community before trial may
be required to obey certain restrictions, such as home confinement or drug testing, and to make
periodic reports to a pretrial services officer to ensure appearance at trial.
Rules of the “Game”

Jurisdiction of the Federal Courts

print

share

FAQs

Although federal courts are located in every state, they are not the only forum available to potential litigants. In fact, the
great majority of legal disputes in American courts are addressed in the separate state court systems.

For example, state courts handle cases involving

divorce and child custody matter;

probate and inheritance issues;

real estate questions, and juvenile matters; and

most criminal cases, contract disputes, traffic violations, and personal injury cases.

Federal courts hear cases involving

the constitutionality of a law;

cases involving the laws and treaties of the U.S.;

ambassadors and public ministers;

disputes between two or more states;

admiralty law; and

bankruptcy cases.

In addition, certain categories of legal disputes may be resolved in special courts or entities that are part of the federal
executive or legislative branches, and by state and federal administrative agencies.

Before a federal court can hear a case, or "exercise its jurisdiction," certain conditions must be met. First, under the
Constitution, federal courts exercise only "judicial" powers. This means that federal judges may interpret the law only
through the resolution of actual legal disputes, referred to in Article III of the Constitution as "Cases or Controversies." A
court cannot attempt to correct a problem on its own initiative, or to answer a hypothetical legal question.

Second, assuming there is an actual case or controversy, the plaintiff in a federal lawsuit also must have legal "standing" to ask the court
for a decision. That means the plaintiff must have been aggrieved, or legally harmed in some way, by the defendant.

Third, the case must present a category of dispute that the law in question was designed to address, and it must be a complaint that the
court has the power to remedy. In other words, the court must be authorized, under the Constitution or a federal law, to hear the case
and grant appropriate relief to the plaintiff. Finally, the case cannot be "moot," that is, it must present an ongoing problem for the court
to resolve. The federal courts, thus, are courts of "limited" jurisdiction because they may only decide certain types of cases as provided by
Congress or as identified in the Constitution.

Although the details of the complex web of federal jurisdiction that Congress has given the federal courts are beyond the scope of this
brief guide, it is important to understand that there are two main sources of cases coming before the federal courts: "federal question"
jurisdiction, and "diversity" jurisdiction.

In general, federal courts may decide cases that involve the United States government, the United States Constitution or federal laws, or
controversies between states or between the United States and foreign governments. A case that raises such a "federal question" may be
filed in federal court. Examples of such cases might include a claim by an individual for entitlement to money under a federal government
program such as Social Security, a claim by the government that someone has violated federal laws, or a challenge to actions taken by a
federal agency.

A case also may be filed in federal court based on the "diversity of citizenship" of the litigants, such as between citizens of different states,
or between United States citizens and those of another country. To ensure fairness to the out-of-state litigant, the Constitution provides
that such cases may be heard in a federal court. An important limit to diversity jurisdiction is that only cases involving more than $75,000
in potential damages may be filed in a federal court. Claims below that amount may only be pursued in state court. Moreover, any
diversity jurisdiction case, regardless of the amount of money involved, may be brought in a state court rather than a federal court.

Federal courts also have jurisdiction over all bankruptcy matters, which Congress has determined should be addressed in federal courts
rather than the state courts. Through the bankruptcy process, individuals or businesses that can no longer pay their creditors may either
seek a court-supervised liquidation of their assets, or they may reorganize their financial affairs and work out a plan to pay off their debts.

Although federal courts are located in every state, they are not the only forum available to potential litigants. In fact, the great majority
of legal disputes in American courts are addressed in the separate state court systems. For example, state courts have jurisdiction over
virtually all divorce and child custody matters, probate and inheritance issues, real estate questions, and juvenile matters, and they
handle most criminal cases, contract disputes, traffic violations, and personal injury cases. In addition, certain categories of legal disputes
may be resolved in special courts or entities that are part of the federal executive or legislative branches, and by state and federal
administrative agencies.

The defendant enters a plea to the charges brought by the U.S. attorney at a hearing known as an arraignment. Most defendants — more
than 90% — plead guilty rather than go to trial. If a defendant pleads guilty in return for the government agreeing to drop certain charges
or to recommend a lenient sentence, the agreement often is called a "plea bargain." If the defendant pleads guilty, the judge may impose
a sentence at that time, but more commonly will schedule a hearing to determine the sentence at a later date. In most felony cases the
judge waits for the results of a presentence report, prepared by the court's probation office, before imposing sentence. If the defendant
pleads not guilty, the judge will proceed to schedule a trial.

Criminal cases include a limited amount of pretrial discovery proceedings similar to those in civil cases, with substantial restrictions to
protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are
requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the
court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's
constitutional rights.

In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government
must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is proof "beyond a reasonable
doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

If a defendant is found not guilty, the defendant is released and the government may not appeal. Nor can the person be charged again
with the same crime in a federal court. The Constitution prohibits "double jeopardy," or being tried twice for the same offense.

If the verdict is guilty, the judge determines the defendant's sentence according to special federal sentencing guidelines issued by the
United States Sentencing Commission. The court's probation office prepares a report for the court that applies the sentencing guidelines
to the individual defendant and the crimes for which he or she has been found guilty. During sentencing, the court may consider not only
the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and
the defense attorney. In unusual circumstances, the court may depart from the sentence calculated according to the sentencing
guidelines.

A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. The court's
probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of
offenders also may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention
options.
Example School Events
(First Amendment)
Day of Silence (http://www.dayofsilence.org/)

Do students have a right to display posters and make announcements about the Day of
Silence?

In many circumstances, yes. If a public school generally allows students or student organizations to
display posters or make announcements on the public address system—the school may not deny or
otherwise restrict your right to display posters or use the PA system based on your message or
viewpoint (so long as you do not use lewd or foul language, promote illegal drug use, harass other
students or substantially disrupt the school environment).6

So if students are generally allowed to announce events and put up posters on school property,
Day of Silence participants must be allowed to announce events and put up posters too.
Prayer at the Pole (http://nationalprayercommittee.com/events_items/2013-see-you-at-the-pole/)
See You at the Pole is a student-led, student-initiated movement of prayer that revolves around
students praying together on the third Wednesday of September, usually before school and
usually at the school’s flagpole. It involves students in elementary schools, middle/junior high
schools, high schools, and colleges/ universities all over the world. Teachers and Parents often
pray in support of the students on campus by gathering nearby, at their places of work or worship,
or at city halls.






Patrick Songy
3 hrs ·
A thought about legal writing (or really just argument in
general): Good argument is really just education and
explanation. Manipulation as a means of argument is really
just the second-rate, half-assed cousin of the first two.
Despite what lawyers keep trying to convince themselves, just
about anyone can spot manipulation.
If there is some piece of evidence or authority that creates a
serious problem for your position, for God's sake, address it
head on. Trying to skirt around it or omit it entirely is a tactical
choice made in the hope that your audience (or opponent) is
either oblivious or stupid. That's a poor tactical choice because
most of the people you're aiming a legal argument towards
don't fit either of those definitions.
LikeLike · · Share
9 people like this.
https://www.facebook.com/
Situations
Nikki Minaj
Nigger
Cracker

ménage à trois (French for "household of three")

Queefing

Superman

Superan; When you are mad at your girl for not having sex
with you. So when she falls asleep you masturbate and
cum on her back. After that, stick the bedsheet on to her
back and when she wakes up it's stuck to the cum and she
has a cape like Superman!!!

"Yo, dawg, Last night my bitch was being frothy so I have
her a Superman“

The Fugees

Punk (Rocker)

Betty Boop
WOP (With Out Papers)
Ref. (Refugee)
Punk
Betty
http://www.urbandictio
nary.com/define.php?te
rm=Superman
http://www.urbandiction
ary.com/define.php?term
=skeet

5.) 50 Cent "Candy Shop"

8.) Nickleback "Figured You Out"

Get in the candy shop. Now.
Lyrics:
I'll take you to the candy shop
I'll let you lick the lollipop
Go ahead girl, don't you stop
Keep goin' til you hit the spot
What?!:
What could Fitty be referring to? Does he
actually want to bring a girl to a candy store
and give her a delicious lollipop? Um, YES.
(He doesn't.)

Oh Nickleback, leave girls alone.
Lyrics:
I like your pants around your feet
And I like the dirt that's on your knees
And I like the way you still say please
When you're looking up at me
You're like my favorite damn disease




http://www.campussqueeze.com/post/dirty-song-lyrics.aspx




What?!:
Yet another example of Nickleback's many
ground-breaking lyrical triumphs. "What
rhymes with please? Disease? Disease
DEFINITELY rhymes with please." Dear
Nickleback, NO one wants to do this to you.

Rolling Stones — “Brown Sugar”

Whether or not this really was originally entitled
“Brown Pussy” is something that only Mick Jagger
knows, but either way, the subject matter’s pretty
clear. We’re not going to fall into the trap of believing
that a song about the kick that white guys apparently
get from having sex with black slave girls is necessarily
endorsing such kicks — but it does have to be said that
there’s something decidedly discomforting about the
lascivious vigor with which Mick Jagger sings “How
come you taste so good?/ Just like a black girl should.”

Gold coast slave ship bound for cotton fields
Sold in a market down in New Orleans
Scarred old slaver knows he's doing alright
Hear him whip the women just around midnight
Brown sugar how come you taste so good?
Brown sugar just like a young girl should
Drums beating, cold English blood runs hot
Lady of the house wonderin' where it's gonna stop
House boy knows that he's doing alright
You shoulda heard him just around midnight
Brown sugar how come you taste so good, now?
Brown sugar just like a young girl should, now
Ah, get along, brown sugar how come you taste so
good, baby?
Ah, got me feelin' now, brown sugar just like a black
girl should
I bet your mama was a tent show queen
And all here boyfriends were sweet sixteen
I'm no schoolboy but I know what I like
You shoulda heard me just around midnight
Brown sugar how come you taste so good, baby?
Ah, brown sugar just like a young girl should, yeah
I said yeah, yeah, yeah, woo
How come you...how come you taste so good?
Yeah, yeah, yeah, woo
Just like a...just like a black girl should
Yeah, yeah, yeah, woo

http://flavorwire.com/266212/10-of-the-most-gloriouslyoffensive-songs-in-history
"Brown Sugar"
http://www.azlyrics.com/lyrics/rollingstones/brownsugar.html
Differences in Definition

Defining Bullying

States and the federal government define bullying slightly differently. Under most of the definitions, bullying
is behavior that is persistent and makes other students feel unsafe. Some examples:
Federal: Bullying is unwanted, aggressive behavior among school aged children that involves a real or perceived
power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Bullying includes
actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding
someone from a group on purpose.

Florida: Bullying includes cyberbullying and means systematically and chronically inflicting physical hurt or
psychological distress on one or more students and may involve: (1) Teasing; (2) Social exclusion; (3) Threat; (4)
Intimidation; (5) Stalking; (6) Physical violence; (7) Theft; (8) Sexual, religious, or racial harassment; (9) Public
humiliation; or (10) Destruction of property.

Alaska: Harassment, intimidation, or bullying means an intentional written, oral, or physical act, when the act is
undertaken with the intent of threatening, intimidating, harassing, or frightening the student, and (A) physically
harms the student or damages the student's property; (B) has the effect of substantially interfering with the
student's education; (C) is so severe, persistent, or pervasive that it creates an intimidating or threatening
educational environment; or (D) has the effect of substantially disrupting the orderly operation of the school.

Massachusetts: "Bullying,” the repeated use by one or more students of a written, verbal or electronic expression
or a physical act or gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional
harm to the victim or damage to the victim's property; (ii) places the victim in reasonable fear of harm to himself or
of damage to his property; (iii) creates a hostile environment at school for the victim; (iv) infringes on the rights of
the victim at school; or (v) materially and substantially disrupts the education process or the orderly operation of a
school. For the purposes of this section, bullying shall include cyberbullying.

Virginia: The following conduct is illustrative of bullying: 1. Physical intimidation, taunting, name calling, and
insults; 2. Comments regarding the race, gender, religion, physical abilities or characteristics of associates of the
targeted person; 3. Falsifying statements about other persons; 4. Use of technology such as e-mail, text messages,
or Web sites to defame or harm others.
Special Court Cases

Schenck v. United States, 1919

Speech that presents a “clear and present danger” to the security of the United States is in violation of the principle of

free speech as protected by the First Amendment to the Constitution.

During World War I (1918), Charles Schenck was the general secretary of the Socialist Party, and was arrested for

distributing literature discouraging young men from enlisting in the armed forces. The basis for his opposition to the

draft or enlistment was the first clause of the Thirteenth Amendment which prohibited slavery or involuntary servitude.

Schenck appealed his conviction and the case went to the Supreme Court. Justice Oliver Wendell Holmes stated that “the

character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech

would not protect a man in falsely shouting fire in a theatre and causing a panic. [The] question in every case is whether

the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they

will bring about the substantive evils that Congress has a right to prevent.” Distributing the literature during peace time

would have been an entirely different matter, but in time of war Schenck’s actions, according to the Court, presented a

“clear and

present danger” to the security of the United States.

http://www.constitutionfacts.com/content/supremecourt/files/supremecourt_landmarkcases.pdf
Special Court Cases II
 Engel v. Vitale, 1962
 Public institutions (i.e., a school system) cannot require prayer.
 Lawrence Roth, an avowed atheist, objected that the Long





Island, New York School System was forcing his two
children to recite a 22 word prayer at the beginning of the day.
There were actually four other parents involved in
the suit against school board president William Vitale, Jr. The
Supreme Court ruled that although the prayer was
nonsectarian and noncompulsory, “it is no part the business of
government to compose official prayers.” Because
New York provided the prayer, it indirectly approved religion and
that was unconstitutional.
More limits on government. If in the wrong hands, the
requirement can revert back to the improper use of
governmental authority.
Special Court Cases III





Tinker v. Des Moines, 1969
School dress codes are not in violation of the First Amendment’s guarantee of the
freedom of expression.
The Des Moines public school system made a rule stating that any student
wearing an armband would be asked to remove it on the grounds that the
wearing of such would cause a disturbance. If the student refused to comply, the
consequence was suspension from school. Three public school students wore
black armbands to express their opposition to the United States’ involvement in
the Vietnam War. They refused to remove the armbands and were suspended.
The parents of the students argued that the students’ actions were not
interfering with the rights of the other students. The case was argued in 1968
and the ruling was “handed down” in 1969. The Court ruled that the wearing of
armbands was “closely akin to ‘pure speech’”, and this was protected by the First
Amendment to the Constitution. The rule banning armbands lacked the proper
justification for enforcement. This ruling eventually had an effect on school dress
codes in that the style of clothing one wears indicates an expression of that
individual.
http://www.constitutionfacts.com/content/supremecourt/files/supremecourt_la
ndmarkcases.pdf
Special Court Cases IV
 San Antonio Independent School District v. Rodriguez,






1973
The Constitution does not guarantee a fundamental right to
education.
In 1968, a group of low-income parents sued San Antonio,
claiming the city’s wealthy precincts had better schools.
The Court upheld the districting plan, saying that the
Constitution did not guarantee an education, and
upholding
this tenet: The Constitution does not compel government
to provide services like education or welfare to the people.
Rather, it places boundaries on government action.
http://www.constitutionfacts.com/content/supremecourt/fi
les/supremecourt_landmarkcases.pdf
Special Court Cases V
 McCulloch v. Maryland, 1819
 “Let the end be legitimate … and all means
which are … consistent with the letter and
spirit of the Constitution, are constitutional .”
 Chief Justice Marshall invoked this phrase to
establish the right of Congress to pass laws
that are “necessary and proper” to conduct
the business of the U.S. government. Here,
the court upheld Congress’ power to create a
national bank.
Special Court Cases VI
 Brown v. Board of Education, 1954
 “In the field of public education, the doctrine of ‘separate but




equal’ has no place.”
This unanimous decision marked the beginning of the end
for the “Separate But Equal” era that started with Plessy,
and the start of a new period of American race relations.
With Brown, desegregation of public schools began—as did
resistance to it. Ten contentious years later, the Civil Rights
Act of 1964 made racial equality a matter of federal law.
The law separates industries in order to make a ruling.
Supporting Court Cases

http://forgottenhistoryblog.com/the-official-american-flag-salute-used-to-be-a-hitler-salute/

http://iarchives.nysed.gov/PubImageWeb/viewImageData.jsp?id=136
Judicial Branch Supports
Religious Decision

Appellees, citizens of the United States and of West Virginia, brought
suit in the United States District Court for themselves and others
similarly situated asking its injunction to restrain enforcement of these
laws and regulations against Jehovah's Witnesses. The Witnesses are an
unincorporated body teaching that the obligation imposed by law of
God is superior to that of laws enacted by temporal government. Their
religious beliefs include a literal version of Exodus, Chapter 20, verses 4
and 5, which says: "Thou shalt not make unto thee any graven image, or
any likeness of anything that is in heaven above, or that is in the earth
beneath, or that is in the water under the earth; thou shalt not bow
down thyself to them nor serve them." They consider that the flag is an
"image" within this command. For this reason they refuse to salute it.
 Protests Allegiance but remains “silent”
 Arm bands politically protesting remains “silent”
 Prayer remains “silent”
The System Is Rational
 As long as a person can reasonably present a
case based on the Constitution of the United
States of America, the courts may support
the rational.
*Warning* Previous case decisions influence
the reasoning of a current case.
Timeline of Influence

Can Florida students do a Nazi Salute, quenelle (Reverse Nazi Salute) or a Black
Panther Salute in a school setting? What are the concerns and the limits concerning
this issue? What would be the legal process regarding a court case addressing this
issue?

Can students do a former US Flag Salute in school as a historical remembrance of
former US societal customs?

Which arguments from previous landmark court cases would be used to reach a
verdict regarding these issues.

Should contemporary popular music, which is typically played during school
sponsored events (dances, pep rallies, etc.) be allowed in the school system even
though the terminology and subject matter is vulgar? Would this go for the former
“vulgar” terminology and/ or topics in literature? Where is the dividing line between
the “obscene” and the “taboo”?
References
 appeal. (n.d.). Dictionary.com Unabridged. Retrieved June 16, 2014,
from Dictionary.com website:
http://dictionary.reference.com/browse/appeal
 http://scholar.google.com/scholar_case?case=1523579713949319400
4&q=famous+supreme+court+cases+education+field&hl=en&as_sdt
=40006
 http://forgottenhistoryblog.com/the-official-american-flag-salute-
used-to-be-a-hitler-salute/
 http://www.uscourts.gov/educational-resources/get-
informed/supreme-court/landmark-supreme-court-cases.aspx