The National and State Judiciary

Plaintiff: someone who brings a legal complaint

Defendant: someone who is accused of wrong doing

Burden of proof: what must be shown for the court to reach a decision

Jurisdiction: the kinds of cases a court will consider

Criminal law involves acts against the security and peace of the community – the government is always the plaintiff – Burden of Proof: Beyond a Reasonable Doubt -- penalty is fines, jail, death Three flavors: Felony. Misdemeanor, Violation

Civil law involves acts against individuals or their property – people and/or the government can be either defendants or plaintiffs -- Burden of Proof: Preponderance of the evidnce – penalty is $$ Two flavors: Tort – injury, Contract –

disagreement over agreement

Trial courts – determine questions of fact (who did what) and questions of law (how to apply the law in this case) jurors or judge render verdict and result

Appeals court determine only questions of law – multiple judges render decisions

District Courts are trial courts (courts of fact and law) while the Court of Appeals (three judges) and the Supreme Court (nine judges) are appeals courts

The federal court system was established by Article III of the Constitution.

Congress has the ability to organize the federal judiciary and set its jurisdiction

Federal courts interpret federal law (Congressional or Presidential Acts). They also interpret state law to make sure it does not conflict with federal law or the US Constitution

1. Federal judges are nominated by the President and confirmed by the Senate. They serve for life during “good behavior”.

2. Presidents almost always nominate persons from their own political party who share their ideology, with deference to the senators from the State in which the appointee will serve, and with "some" consultation of the leaders of the party to which the President belongs.

1. Federal constitutional judges are appointed for life and may be removed only through the impeachment process.

2. Congress sets judicial salaries and benefits but may not reduce them while a judge is sitting.

Oregon Supreme

Court

Oregon Court of Appeals

Circuit and District Courts

Final appeals court in Oregon – 7 judges

Intermediate appeals court – 3 judges in each court

Trial Court – 1 judge, 12 jurors – takes 10 jurors to come to a decision

Oregon Supreme Court and Court of Appeals judges are all elected

They serve six year terms If there is a vacancy the governor

appoints a temporary replacement until the next general election

Oregon courts interpret state law and make sure it is consistent with federal law and the US Constitution