Discussion: Western Union
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AmericanLegalSystem.pptxChapter 9
The American Legal System and the Courts
Barbour, Keeping the Republic, Brief 8e. © SAGE Publications, 2020
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After You’ve Read This Chapter, You Will Be Able To: (1 of 2)
Describe the role that law plays in a democratic society.
Discuss the role of Congress and the Constitution in establishing the judiciary.
Explain how federalism plays out in the dual court system.
Barbour, Keeping the Republic, Brief 8e. © SAGE Publications, 2020
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After You’ve Read This Chapter, You Will Be Able To: (2 of 2)
Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
Describe the relationship between citizens and the courts in America.
Barbour, Keeping the Republic, Brief 8e. © SAGE Publications, 2020
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Law and the American Legal System
Provide security
Provide predictability
Resolve conflict
Reflect and enforce conformity to society’s values
Distribute benefits and rewards society has to offer and allocate the costs of those good things
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The American Legal Tradition
Common law tradition
a legal system based on the accumulated rulings of judges over time, applied uniformly--judge-made law
Precedent
a previous decision or ruling that, in common law tradition, is binding on subsequent decisions
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Kinds of Law (1 of 3)
Substantive laws versus procedural laws
Substantive law: laws whose content, or substance, defines what we can or cannot do
Procedural law: laws that establish how laws are applied and enforced--how legal proceedings take place
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Kinds of Law (2 of 3)
Criminal laws versus civil laws
Criminal law: laws prohibiting behavior the government has determined to be harmful to society; violation of a criminal law is called a crime
Civil law: laws regulating interactions between individuals; violation of a civil law is called a tort
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Kinds of Law (3 of 3)
Constitutional laws
Come from both state constitutions and the U.S. Constitution
Statutory laws
From legislatures, both the U.S. Congress and state legislatures
Administrative laws
From bureaucracies
Executive orders
From presidents and governors
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The Least Dangerous Branch
Federalist No. 78
Hamilton argued that the judiciary was the least dangerous branch
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John Marshal and Judicial Review
Judicial review: the power of the courts to determine the constitutionality of laws
Marbury v. Madison
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Understanding Jurisdiction
Courts with original jurisdiction
U.S. district courts
State trial courts
Courts with appellate jurisdiction
U.S. courts of appeals
State intermediate appellate courts
State supreme courts
Court with both original and appellate jurisdictions
U.S. Supreme Court
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State Courts
The state court structure is the same: trial courts (all courts where trials happen), appellate level courts, and state supreme courts
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Federal Courts
The federal court system has three levels: federal district courts, circuit courts of appeal, and the U.S. Supreme Court
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U.S. District Courts
Lowest level of federal court system
94 district courts (each state has at least one)
Hear both criminal and civil cases
Juries responsible for verdict
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U.S. Courts of Appeals
Arranged into 12 circuits
Solely appellate jurisdiction
No new evidence or witnesses
Panel of three judges makes ruling, not a jury
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Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
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Selection of Judges
States
Method varies by state:
- Appointment
- Nonpartisan election
- Partisan election
Federal
All federal judges are nominated by the president and confirmed by the Senate
Senatorial courtesy is often invoked for lower level federal courts
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The Supreme Court (1 of 3)
How members of the court are selected
Criteria
Merit
Political ideology
Reward
Representation
Confirmation by the Senate
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The Supreme Court (2 of 3)
Choosing which cases to hear
Petitioning the Supreme Court
Role of law clerks
Rule of four: the unwritten requirement that four Supreme Court justices must agree to grant a case certiorari in order for the case to be heard
Other influences
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The Supreme Court (3 of 3)
Deciding cases
Judicial attitudes
Judicial activism
Judicial restraint
External factors
Writing opinions
Dissenting
Concurring
Political effects of judicial decisions
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Citizenship and the Courts
Equal treatment by the criminal justice system is the goal, but not always a reality. Prejudice against certain individuals remains
Equal access to the civil justice system is not always a reality either, since few can afford an attorney to pursue smaller cases, and the system itself is not “user-friendly”
Almost all individuals, in civil or criminal cases, expect a fair trial when they need one, yet everyone avoids jury duty
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