This document provides an overview of the US legal system. It discusses how the system aims to provide security, predictability, and enforce societal values through substantive and procedural law. It also outlines different types of crimes and offenses, as well as how cases are handled in state and federal court systems from trial courts up to the US Supreme Court. The nomination and confirmation process for Supreme Court justices is also summarized.
4. Provide Security
Provide Predictability
Conflict Resolution
Reflect and Enforce
Conformity to Societal
Values
Distribute Benefits
and Allocate Costs of
Society
6. U.S. system based on English common law
Importance of precedent
Sixth Amendment
"In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an
impartial jury..”
8. SUBSTANTIVE LAW
Actions we can and cannot
legally perform under law
PROCEDURAL LAW
Establishes procedures
used to conduct the law
9. Behaviors threatening, harming, or
endangering safety and welfare of citizens
Crimes against State
Examples: Theft, Assault, Robbery, Murder
Jail time or community service
10. FELONIES
Murder, arson, burglary,
kidnapping
Jail time
Longer-term consequences
such as loss of voting rights
MISDEMEANORS
Disorderly conduct,
trespassing, vandalism
Probation or community
service
11. Regulate interactions between individuals
Plaintiff sues Defendant
Examples:
Defacing property
Causing physical harm
Failing to live up to contractual obligation
12. Statutory Law:
Laws made by federal or state legislatures
Examples: Acts of Congress, public laws, etc.
Administrative Law:
Laws established by bureaucracy
Examples: Food products, tax deductions, etc.
14. Article 3, Section 1:
“The judicial power of the
United States, shall be
vested in one Supreme
Court, and in such inferior
courts as Congress may
from time to time ordain
and establish.”
15. Judges keep jobs for “good behavior” in office
Establishes jurisdiction of Supreme Court
Jurisdiction = Lawful authority of a court
16. Founders had little
experience with judiciary
Violating authority of
state courts
17. How many members will be on the
Supreme Court?
Will there be lower courts?
If so, what will they look like?
What actual powers will the judiciary have?
20. Trial Court
Cases heard for first time under original jurisdiction
Court of Appeals
Hear appeals from trial courts
State Supreme Court
All decisions are final—unless involve a federal
question and can then move to federal court system
22. DISTRICT COURTS
Trial courts of federal
system
94 district courts
Original jurisdiction over
Constitutional questions
Criminal and civil cases
heard at this level
APPELLATE COURTS
12 Circuit Courts
Appellate jurisdiction;
Cases come from other courts
Decisions by three judges
26. Politicization occurs when we bring
something— (e.g. public interest) into politics
Politicization affects all branches of govt.
Bigger issue for courts than other branches
31. Politics vs. Court Integrity
What would you have decided if you had been
on the Marshall Court?
32. Establishment of Judicial Review
Power of courts to determine whether a law or
parts of laws are constitutional
Check on President and Congress
35. Since the 1930s, the
Supreme Court has
been active on a
number of
important political
and social issues.
38. Nominee’s Ideological and Policy Preferences
Judicial Competence
Demographic Factors
Political Environment
39. Views hot-button issues could tip the Court
(and future decisions) in president’s favor
40. Nominating someone seen as generally
qualified can quicken confirmation process
George W. Bush nominating
White House Counsel Harriet
Miers for a vacancy on the
Supreme Court.
Miers eventually withdrew
her nomination.
42. What factors should a president consider?
Approval Rating
▪ High approval (60-70%) = Strong and Effective
▪ Low approval (20-30%) = Weak and Ineffective
Senate Control
Legislative Goals
44. ORIGINAL JURISDICTION
Straight to Supreme Court
Many types of cases
APPELLATE JURISDICTION
Heard on appeal from
lower court
Majority of cases
Writ of certiorari :
Court agrees to review a
case on appeal
45. Four justices must agree hear a given case
(“Rule of Four”)
Who else has influence over the Court?
Solicitor General
Amicus curiae briefs
49. Focus on legal principles
Justices’ legal expertise important to
decipher correct interpretation of law
How can the Constitution be interpreted?
50. JUDICIAL RESTRAINT
Tradition and precedent
Decisions overturned when
they violate Constitution
JUDICIAL ACTIVISM
New legal principles
More leeway when
deciding whether to
uphold precedent
52. Focuses on justices’ policy preferences
How do we know what preferences are?
Party of President making appointment
Examples: George W. Bush; Barack Obama
54. EXTERNAL IMPACT
Larger political
environment
INTERNAL IMPACT
Reaching decisions
between justices
57. Opinion of the majority of justices stating
why they ruled in a case
If Chief Justice is in majority
Chief Justice assigns majority opinion
If Chief Justice is NOT in majority
Associate Justice with most seniority assigns
majority opinion
58. Opinion occurring in absence of majority
Justices agree on decision but NOT legal basis
Presents view held by “winning” justices
59. Opinion of one of more justices
Agree with majority decision
Disagree with majority’s reasoning
60. Opinion of one or more justices
Disagree with the majority’s decision
Disagree with reasoning behind it
Important for “losing” justices