American Legal System-Ch. 1

Sources of law

Judicial system

"Congress shall make no law...abridging the freedom of speech, or of the press…"

A set of rules that attempt to guide human conduct and a set of formal, governmental sanctions that are applied when those rules are violated

Common law

Law of equity

Statutory law

Constitutional law

Administrative rules

Oldest source of law

Developed in England 700+ years ago

Reflected the customs of the people

Considered "discovered law"

Inductive system of law (specific to general)

Many cases are considered before a legal rule is arrived at

Fundamental concept

Stare decisis (let the decision stand)

Judges look to the past and follow precedents (earlier court rulings)

Judges adapt common law by modifying, distinguishing, or overruling precedent case law

Accept precedent

Modify or change the precedent to fit with contemporary times

Distinguish the precedent from the current case (does not apply here)

Overrule the precedent

Not written in a book

Collected in volumes of legal decisions

Legal identity through citation

Adderly v. Florida, 385 U.S. 39 (1966)

Case name

Volume # of case reporter

Abbreviated name of case reporter

Page # where report of decision begins

Year case decided

Another type of judge-made law

Similar to common law

Differences in procedures and remedies distinguish common law and equity

Equity begins where common law leaves off

Rules and procedures more flexible

Equity suits never tried before a jury

Rulings are judicial decrees

Judgments are not yes or no

Left to discretion of judges

Judges do what they think is right and fair

Equity can provide restraining order

Judges can order preventive measures or remedial ones

Demonstrate peril and gain injunction or restraining order

Often temporary until hear arguments

Common law can only provide remedy after the harm has occurred

Statutes tend to deal with problems affecting society (common law-small, individual problems)

Statutory law can anticipate problems

Criminal laws are statutory laws

Statutory law is collected in codes and law books not reports

Passage of law is rarely the final word

Courts determine what law means

Judges rule on exact meaning of words and phrases

Process is "statutory construction"

Ex. "It is illegal to distribute an obscene newspaper"

Ex. "Sexual relations"

Federal Constitution, state constitutions, city charters, etc.

Provide plan for establishment and organization of government

Outline duties, responsibilities, and powers of various elements of government

Guarantee certain basic rights to people (e.g., freedom of speech and peaceable assembly)

Federal administrative agencies (e.g., FCC) were created deal with problems that required specialized knowledge and expertise

FCC regulates broadcasting and other electronic communication

Five members are appointed by the President

No more than 3 can be from the same party

FCC and other administrative agencies can pass rules and regulations that are considered a source of law

Dissatisfied parties can go to court to seek a reversal

Courts have limited power to review administrative agency decisions

Technically 52 judicial systems in the U.S.

Two distinct sets of courts

Trial courts

Appellate courts

Judicial is the third branch of government

Interprets the law

Legislative makes the law; Executive enforces

Facts are what happened

Law is what should be done b/c of facts

Trial courts are fact-find courts

Courts of first instance

Where nearly all cases begin

Consider facts and the law

Juries may be used

Appellate courts are law-reviewing courts

Consider only the law

No jury

Cases heard by a panel of judges (3 or more)

U.S. Supreme Court

U.S. Ct. of Appeals (12 Cir. + D.C.)

Oldest federal court (1789)

Chief Justice and 8 Associate Justices comprise SC (9 total)

Exercises original and appellate juridictions

Hearing a case

Both sides submit legal briefs (their arguments)

Oral argument is held after justices review briefs

Time is limited (often 30-60 minutes)

Important cases may allow "friends of the court" (amici curiae) to argue for 30 minutes

Deciding a case

Discussion behind closed doors

Junior Justice votes first, Chief Justice last

Court opinion

Reason/rationale for decision

Concurring opinion

Dissenting opinion

Per curiam opinion

District courts

13 U.S. Courts of Appeals

Typically 3 judge panel hears case

Sitting en banc: when most or all of judges of an appellate hear a case

Right of any court to declare any law or official governmental action invalid because it is unconstitutional

Extremely important in matters of regulating mass media

First Amendment guarantees freedom of speech and press

All governmental actions about communication are subject to court scrutiny

Civil suit-dispute between private parties

Plaintiff-brings the suit

Defendant-party against whom suit is brought

Criminal prosecution or action-state brings charges against a private person

Defendants who lose can be fined, jailed, or executed

 

© B.L. Yates 2001