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The American legal system An overview

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Page 1: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

The American legal system

An overview

Page 2: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Sources of law

• Constitutional law– U.S. Constitution– State constitutions

• May grant more rights than the U.S. Constitution, but not fewer

• Same-sex marriage in Massachusetts

– Judicial review

Page 3: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Sources of law

• Constitutional law

• Statutory law– Congress– State legislatures– Local authorities

Page 4: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Sources of law

• Constitutional law

• Statutory law

• Administrative law– Federal Communications Commission

Page 5: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Criminal and civil law

• Criminal = offense against society

Page 6: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

Page 7: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?

Page 8: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?– Copyright infringement?

Page 9: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?– Copyright infringement?– Reporting on the movement of troops in

time of war?

Page 10: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?– Copyright infringement?– Reporting on the movement of troops in

time of war?– Invasion of privacy?

Page 11: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Types of civil law

• Contracts

Page 12: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Types of civil law

• Contracts

• Torts

Page 13: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Types of civil law

• Contracts

• Torts– Common media torts:

• Libel• Invasion of privacy• Copyright infringement

Page 14: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Court systems

U.S. Supreme Court

U.S. Appeals Courts

U.S. District Courts

State Supreme Courts

State Appeals Courts

State District Courts

Page 15: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,
Page 16: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

U.S. Supreme Court

• Final word on U.S. Constitution

Page 17: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

U.S. Supreme Court

• Final word on U.S. Constitution

• Takes cases through a writ of certiorari — “granting cert”

Page 18: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

U.S. Supreme Court

• Final word on U.S. Constitution

• Takes cases through a writ of certiorari — “granting cert”

• Only four of the nine justices are needed to grant cert

Page 19: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

U.S. Supreme Court

• Final word on U.S. Constitution

• Takes cases through a writ of certiorari — “granting cert”

• Only four of the nine justices are needed to grant cert

• Chief justice is also administrative head of federal court system

Page 20: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

U.S. Supreme Court (2006)

Page 21: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

U.S. Supreme Court

• John Roberts, 53Chief Justice

• John PaulStevens, 88

• Antonin Scalia, 72• Anthony

Kennedy, 72

• ClarenceThomas, 60

• Ruth Bader Ginsburg, 75

• Stephen Breyer, 70• Samuel Alito, 58• Sonia

Sotomayor, 55

Page 22: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Jurisdiction

• Geographic– Libel cases usually handled at state level– What if the parties are in different states?

Page 23: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Jurisdiction

• Geographic

• Subject matter– Copyright always handled at federal level– Obscenity can be handled at state or

federal level

Page 24: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

Jurisdiction

• Geographic

• Subject matter

• Internet– Cybersell of Florida and Arizona– Yahoo! and French law– “Libel tourism”

Page 25: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

The appeals process

• “Justiciable controversy”– Courts cannot rule on cases that are not

before them– An exception: the Massachusetts Supreme

Judicial Court issues “advisory opinions”

Page 26: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

The appeals process

• “Justiciable controversy”

• Appeals courts do not retry cases– Was the law correctly applied?– Is the law constitutional?– Rulings are decided on narrow grounds,

and cases are usually sent back to lower court

Page 27: The American legal system An overview. Sources of law Constitutional law –U.S. Constitution –State constitutions May grant more rights than the U.S. Constitution,

The appeals process

• “Justiciable controversy”

• Appeals courts do not retry cases

• Judges must follow precedent– Relevant higher-court ruling prevails– Ruling from another district can be a guide– State and federal judges must consider

each other’s rulings– Doctrine of stare decisis