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Role of President, Congress & Judicial Branch in US Legal System, Apuntes de Inglés para Derecho

An overview of the roles and responsibilities of the President, Congress, and the Judicial Branch in the US legal system. It covers the process of signing bills into law, the power to veto, the responsibilities of Congress, the role of the Courts in interpreting laws, and the nomination process for Supreme Court justices. Key vocabulary related to the legal system is also provided.

Tipo: Apuntes

2018/2019

Subido el 28/02/2022

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ANGLAIS
Séance 1 : The US Judicial System
The Constitution of the U.S was finalized in 1788.
It was made for all the people to have the rights to life, liberty and pursuit of happiness.
It’s the supreme law of the Land.
→ Each State has his sovereignty and, all the States have been unified as one Nation.
There are 3 equals branches for the federal government :
-EXECUTIVE / LEGISLATIVE / JUDICIAL
→ The members of Executive and the Legislative are elected by the Americans.
→ The members of Judicial are appointed (= nominated) by the President and confirmed by Senate.
The Legislative Branch = CONGRESS
House of Representatives
-435 total Representatives
-Each state has a ≠ number based on their total population
-Election of the members every 2 years
oThey must be 25 yo
oU.S citizen for at least 7 years
oLive in the State they represent
-Speaker of the House = leader
oHe is elected by the members
oHe is third in line in succession to the President
→ The primary job of the Legislative Branch is to write up and to vote on laws
Legislative process (How to make a Law) :
1. Someone have to write a bill (it can be anyone)
2. The Bill goes to a committee (= expert on the subject of the Bill)
→ The bill can be rejected, accepted or changed
3. If the bill is accepted, a member of the Congress have to present it to the Congress
4. Both the House and the Senate will have their own debates about the Bill
5. The Congress have to vote (The bill must get a majority of the votes to pass)
6. The President sign the bill into law or choose to veto the bill
→ If the President choose to veto the Bill, the congress can try to override the veto by getting
2/3 of the vote from both the House and the Senate
Responsibilities and powers of the Congress :
-to write up and to vote on laws
-creating an annual budget for the government
-taxing the citizens to pay for the budget of the government
-power to declare war
-ratify treaties with other countries
-confirm presidential appointments
-power to oversee the governments
-make sure that the government is spending the tax money on the right things
-make sure that the different branches of government are making their job
The Judicial Branch = JUDGES AND COURTS
The job of the Courts is to interpret the laws of the Congress, they do not make laws.
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Séance 1 : The US Judicial System

The Constitution of the U.S was finalized in 1788. It was made for all the people to have the rights to life , liberty and pursuit of happiness. It’s the supreme law of the Land. → Each State has his sovereignty and, all the States have been unified as one Nation. There are 3 equals branches for the federal government :

  • EXECUTIVE / LEGISLATIVE / JUDICIAL → The members of Executive and the Legislative are elected by the Americans. → The members of Judicial are appointed (= nominated) by the President and confirmed by Senate.

The Legislative Branch = CONGRESS

House of Representatives

  • 435 total Representatives
  • Each state has a ≠ number based on their total population
  • Election of the members every 2 years

o They must be 25 yo

o U.S citizen for at least 7 years

o Live in the State they represent

  • Speaker of the House = leader o He is elected by the members o He is third in line in succession to the President → The primary job of the Legislative Branch is to write up and to vote on laws Legislative process (How to make a Law) :

1. Someone have to write a bill (it can be anyone)

2. The Bill goes to a committee (= expert on the subject of the Bill)

→ The bill can be rejected , accepted or changed

3. If the bill is accepted, a member of the Congress have to present it to the Congress

4. Both the House and the Senate will have their own debates about the Bill

5. The Congress have to vote (The bill must get a majority of the votes to pass)

6. The President sign the bill into law or choose to veto the bill

→ If the President choose to veto the Bill, the congress can try to override the veto by getting 2/3 of the vote from both the House and the Senate Responsibilities and powers of the Congress :

  • to write up and to vote on laws
  • creating an annual budget for the government
  • taxing the citizens to pay for the budget of the government
  • power to declare war
  • ratify treaties with other countries
  • confirm presidential appointments
  • power to oversee the governments
  • make sure that the government is spending the tax money on the right things
  • make sure that the different branches of government are making their job

The Judicial Branch = JUDGES AND COURTS

The job of the Courts is to interpret the laws of the Congress, they do not make laws.

They only make decisions on actual cases where someone has shown that they have been harmed. The Federal Supreme Court is the highest Court of the Country. → This court has 9 justicies (= judges) since 1869 appointed for life. The judges are appointed by the President and then confirmed by the Senate. →They can only be removed from office by death or impeachment from Congress. → This is to allow the judges to make decisions based on their conscience and not on what they feel they need to do to get reelected They review cases that have been appealed from the lower courts → around 150 cases each year The lowest Courts have to follow the guides set by the Supreme Court.

  • District Courts → handle federal Cases and the first level of trials o They cover area of the countries
  • Courts of Appeals → review the appeals of the District Courts Each State has his own Court system bases on this model :
  1. State Supreme Court → It has the final say
  2. District Courts and Local Courts Federal Courts make sure that States laws obey Federal laws.

The right of a fair judicial process :

  • Guarantee by The Constitution and The Bill of Rights o Speedy Trial o Right to legal representation o Right to not to be tried for the same crime twice o The protection from cruel punishments

Judicial process :

1. Once arrested for the crime accused will get to appear before a judge to be charged with the crime

2. The accused enter a plea of guilty or not-guilty

→ If someone can’t afford a Lawyer, he is given a Court appointed lawyer by the Government

3. The Case is then tried before a judge and a jury

Judge determines the defendant not guilty = charges are dropped → accused goes for free Judge determines the defendant guilty = judges determines sentence If one side feels that the trial wasn’t handled correctly or fairly, they can appeal to a higher court. → The higher court may overturn the decision or keep it the same. There is no appealing a Supreme Court decisions.

Séance 2 : US Supreme Court – Judge

Nomination

For the justice nomination, the candidates are nominated by the President of the United States. They are nominated for life w/ the consent of the Senate. BRETT KAVANAUGH Life facts :

  • He is 53
  • He was born in D.C (District of Columbia) in 1965
  • He is married and has 2 daughters
  • He went to Georgetown Prep. And had 2 law degrees in Yale
  • His religion is the “Roman Catholic Faith” Credentials :
  • He was a clerf for Justice Anthony M. Kennedy
  • He did a lot of governement jobs
  • Assistant to Kenneth Starr
  • Associate consel for 5 years in the administration of President Georges W. Bush and after he became a staff secretary Politics :
  • His polical oriention is conservative
  • The nomination of Kavanaugh has been made to replace long serving conservative Anthony Kennedy
  • The oponents of Kavanaugh are : the democratic senators (that think that Kavanaugh is too conservative) and the liberal organizations and groups Philosophy :
  • “A judge must be independent and must interpret the law, not make the law, not make the law. A judge must interpret statutes as written and also the Constitution as written informed by history, tradition and precedent” Issues at stake (= enjeux) :
  • restriction for the abortion
  • possibility that the health care would be overturned
  • impact on the reproductive rights, gay rights, freedom
  • death penalty / gun control / voting rights Gorsuch said about him in 2017 that he is a “judge's judge, a true thought leader among his peers” Consequences of Kavanaugh's nomination :
  • The court will certainly drift further to the right
  • Chief justice would become the Court justice in the middle

ADDITIONAL VOCABULARY

a four day hearing Une audience de 4 jours

to testify Témoigner

counsel Avocat

court of Appeals Cour d'appel

a slim majority Une faible majorité

regardless “Quand même”

term Échéance / mandat / pérode

acknowledge Reconnaître

credentials Diplômes

sided with Être du côté de ..

to have enacted S'être doté

“undue burden” Charge excessive

overturn Renverser

to uphold the law Respecter la loi

has been filed A été déposé

aimed to Déstiné à ...

by a narrow margin Marge étroite

nevertheless Néanmoins / toutefois

Key rulings on

divisive social issues

Jugements importants sur des sujets de sociétés de discorde

activists Militants

appointed Désigné

Former President Ancien président

investigation Enquête

to impeach Déstituer / inculper

pending against En instance contre …

ADDITIONAL VOCABULARY

plaintiff Plaignant / demandeur

civic duties Service civique

indicment Inculpation

defferals Ajournement / report

Jury act Loi sur les juges

courtroom Salle d'audience

summoned to appear Cité à comparaître

cross section Echantillon

evidence Les preuves

the defendent L'accusé

Penalty / Sentence La peine

to set the sentence Fixer une peine

litigants Les plaideurs

prosecutor Procureur

To issue an indictment Prononcer une mise en accusation

To put somebody on trial Faire passer quelqu'un en jugement

To serve on a jury Être membre d'un jury

To be subject to felony

charges

Etre accusé d'un crime, d'un délit

proficient Compétent

Clerk of court Greffier

To be exempt from Etre exempté de

To grant an excuse of

defferal for undue hardship

Accorder une excuse ou un report pour difficultés excessives

To be excuse from jury duty Etre excusé/ autorisé à ne pas faire partie du jury

Challenged for cause Récusation motivée (The only time the judge can rule on challenge and

has the final say)

Peremptory challenge Récusation péremptoire (Whitout a staed basis)

Witness / Witnesses Un témoin / des témoins

First degree murder An unlawful killing that is bot willful and premeditated

Second degree murder An intentional killing that is not premeditated or planned, nor

commited in a reasonable “heat of passion”

Involuntary manslaughter The unintentional killing of another human ; the killing is accidental

Malice aforethought Préméditation

“The burden of proof” It's to prove the guilt of the accused beyond a reasonable doubt

Séance 5 : Overcrowded prisons & 3 strikes

rule

America has the world's largest prison population. More than half prisoners serving time in federal prisons are there for non violent drug offences. Over 80 billion dollar a year is spent by the Government for incarcerating people. President Obama recently commuted the prison sentences of 46 non violent drug offenders. Those people had served more than a decade in prison. Obama justify his action with those arguments: They are non violent + their penalty is too harsh + they deserve a second chance. Nearly 90 commutations were issued by President Obama during his presidency. During the 80’s it was the “War on drugs in America”. Though penalties were introduced for non violent drugs. The prison’s population rocketed and sharply increased. This led to the problem of overpopulation. Now is time for reform because : There is a lot of inquiries in the criminal justice system. There is a necessity to make the US criminal justice system fair. There is the question of financing. It cost around 31 000 dollars a year to house petty an inmate. WHO IS HILLARY CLINTON? She is the former First Lady / the former Secretary of State / And was the democratic presidential front runner THE 1994 CRIME BILL It’s famous for the creation of three strikes rule. It imposes life sentences on people convicted of 3 criminal offenses, including drug offenses. This leads to mass incarceration. Hillary Clinton and her husband used to support the crime bill but now they have both admitted that is was a mistake. But Hillary Clinton thinks that the bill wasn’t totally a failure, for her some elements have worked such as “the violence against women provisions”. HILLARY CLINTON AND THE BLACK COMMUNITY The two associations fighting for Black rights : NAACD + Black lives matters Hillary Clinton once used the term “superpredators” to refer to black kids. It was clearly a racist designation and she was sharply criticize for using that word. Moreover, Hillary was criticized for her support of the 1994 crime bill by the Black lives matter protesters. However Hillary Clinton has remained relatively popular among black voters. The mothers of 3 victims of police violence even had openly compained for her.

ADDITIONAL VOCABULARY

Front runner A person who is most likely to win something

A floor debate The discussion of a proposal in the Senate or Assembly chambers

The primaries A series of ongoing electoral contests taking place within all USA occuring

between Februaru 1st^ and ending about mid-June. They are the means to determine each party's official candidate for the general election in November.

Super tuesday The day, typically in March, on which party members in over 20 states vote

in primary elections to select their party's presidential candidate

To pound To verbally attack

haphazardly In a random way

harsh Severe, hard

Low level offender Petty offenders

felonies crimes

To squale back To reduce, to downsize

An overwhelming

marbin

A large majority

To pledge, to vow To promise

Séance 6 : Enhancements and Plea Bargain

BROWN'S PAROLE PLAN

It's a plan made by the Governor Brown to give more inmates a chance for early release. He wants to restructure how the State awards credits for good behavior, giving this way for the inmates a greater chance of parole. This proposal is for the inmates whose base crime was non violent. The prosecutors oppose the proposal for two reasons. The first reason is that they would lose some power in the negotiation of pleas with defendents. A plea bargain is an agreement between the prosecutor and defendant : the defendant agrees to plead guilty in return for a lesser sentence. The majority of criminal cases in California are resolved by plea bargain (95%). The second reason is that the proposal would also take away their power to charge some minors in adult court.

SENTENCING ENHANCEMENTS

Years can be added to a person's sentence. The years added can even sometimes exceed the sentence for the crime that brought a defendant to court. There are different reasons for enhacements for example, being a gang member or using a gun during the crime.

ADDITIONAL VOCABULARY

leverage influence

ballot Vote, voting

parole Conditional release (= liberté conditionnelle)

incentive Motivation, encouragement

To release To free, to liberate

To drop charges To dismiss (= écarter) accusations

To dismiss To reject

To hail To acclaim, to acknowledge positively

Misdemeanors Minor crimes (= délit)

To gut To destroy (= supprimer)

droves foules

Parole board Commision des libérations conditionnelles

A tide Un courant

A major shift Un changement majeur

ADDITIONAL VOCABULARY

A prosecutor Procureur

To be accused of doing something Être accusé de faire quelque chose

A would be terrorist cell Une cellule de prétendus terroristes

To be convicted of doing something Être reconnu couple

On a charge of .. Etant accusé de ..

Death threat Menace de mort

To be held without bail Être détenu sans caution

To rule / a ruling Statuer / Un jugement

A breach Violation / infraction

To face no additional charges Ne pas avoir d'accusations supplémentaires

To ban / a ban Interdire / une interdiction

Inmates Détenus

To testify Témoigner

Death row Le couloir de la mort

To deny allegations of mistreatment Réfuter des accusations de mauvais traitement

To house Loger

Lead attorney Avocat principal

Compelling evidence Preuves convaincantes/ irréfutables

affidavit Déclaration solennelle

To adjudicate Statuer

On charges of plotting to assasinate Être accusé de conspiration pour assasinat

Allegedly Prétendument

Séance 8 : Class action lawsuits

A class action is a type of lawsuit in which one or several persons sue on behalf of a larger group of

persons, referred to as “ the class”.

A class action is approved only if it's certified by a judge.

A person can opt-out a calss action. Then the person will not be permitted to participate in any settlement

or court award achieved in the class action, and will not be bound by any orders issued in the class action.

However, he or she will be able to pursue his or her claims on an individual basis.

BILL : “Fairness in class action”

This bill is supposed to make it harder for people to file a class action. It will achieved its purpose by

requiring attorneys to provide proof that each individual seeking to form a legal class action suffered the

same type and magnitude of personal injury or economical loss as the groups leaders. The bill needs to

become fully effective to pass the senate.

Some people like consumer groups for example are against that bill ; opponents of this bill think that it

will penalizes those who have been mistreated by corporation. Moreover opponents think that it will

ristrict a big right of the American people to have their day in court when they are wrongfully injured or

defrauded.

Supporters of this bill say that the bill is needed to curb abuses in class action suits that often result in a

huge payday for lawyers ; and they add that the purpose of the bill is not to eliminate the ability to bring

class suits action.

ADDITIONAL VOCABULARY

Recorded Enregistré

Deceived Tromper / frauder

Savings Économies

To disclose Divulger

Class action Type of lawsuit in which one or several persons sue on behalf of a larger group of

persons reffered to as “the class”.

Bill Projet de loi

To file Déposer

Litigator A lawyer in court

To seek To try

A move A measure

Accountability Responsabilité / liability

To stymie To obstruct (= entraver / faire obstacle à)

Defrauded Cheated, deceived

To enable To allow somebody to do something

To compel To oblige

To curb To restrict

To overhaul To reexamine

Tilted Biased (= biaisé / partial)