Moral and ethical implications of the law
It's really hard to find any law that doesn't have some ethical basis, even speeding laws. But the govt runs into problems when they try to "legislate morality."
Note: There will be a substitute teacher on the week of the 28th (i.e., Sept 29 and Oct 1).
The Court System
Two ways to become a judge in Illinois. Full circuit court judges and associate judges. Full cc judges can be appointed by the Supreme court to fill a vacancy but then you must run. Bar associations investigate candidates and publish their findings. Judges may run county-wide or by district subcircuit. Democrats usually run county-wide or in a Chicago subcircuit. Republicans usually run in a suburban subcircuit. Associate judges are not elected, they get screened by bar associations. 6 year terms. Primary and then Nov election. After 6 years, retention ballot which require 60%.
Federal court judges are appointed by the President for all levels (trial, appeals, supreme) and get confirmed by the Senate. Can only be removed by impeachment.
Merit selection of judges has been suggested in Illinois, but it never got anywhere.
Lifetime appointments are immune from political bias.
US Supreme Court. 9 justices. Most cases are not heard. You need to apply to be heard and most don't make it.
The number of federal courts under the supreme court is subject to be changed. It's not specified by the constitution. Just as many as needed.
Death penalty cases in Illinois are appealed directly to the Illinois Supreme Court.
Jurisdiction
Huge and important subject. Jurisdiction is authority, power.
There are two categories of jurisdiction:
over subject matter
over the person
Jurisdiction over subject matter is least challenged.
Prior to 1962, courts in Cook County were divided by jurisdiction over subject matter - criminal, divorce, probate, etc. In 1962, they created the Circuit Court of Cook County with different divisions. You only need to file in the CCofCC and it will be transfered to the correct division.
Federal court cases are limited to US statutes and constitution. Not personal injury or divorce, etc. Bank robbery is a federal crime and a state crime. Even if you're found not guilty in federal court, you could be tried in state court.
Jurisdiction over the person
Court can't enter judgement against you unless they have jurisdiction over a person.
A complaint is filed in the CCofCC (with fee). Clerk takes it to sheriff who serves the summons. If the sheriff can't serve, the court will only have jurisdiction over the subject matter (e.g. divorce) and assets, but not the person (alimony/maintenance).
Jurisdiction over a person is only obtained when they are notified of what they are being sued for, either in person or sometimes with certified mail.
Out of State Defendants
E.g. Personal injury by an individual or corporation from another state (NY). What do you do? Have them served in NY. If he doesn't show up, you get a default judgement. To get your money, you need to"domesticate the judgement" by taking it to NY. Full faith and credit must be given to laws and rulings between states.
Business cases require fulfillment of the "long arm" requirements in order to be tried in a state through personal jurisdiction over the corporation:
1. The state of incorporation
2. The state of the corporate headquarters
3. The corporation does business in the state (even just advertising). This is the most common.
See case of Oregon v Lillard. Ruling: OSU's coming to California to recruit a basketball player constituted "doing busines" in the state.
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