1. The American legal system An overview

2. 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

3. Sources of law Constitutional law Statutory law –Congress –State legislatures –Local authorities

4. Sources of law Constitutional law Statutory law Administrative law –Federal Communications Commission

5. Criminal and civil law Criminal = offense against society

6. Criminal and civil law Criminal = offense against society Civil = offense against individual(s)

7. Criminal and civil law Criminal = offense against society Civil = offense against individual(s) How would you categorize: –Obscenity?

8. Criminal and civil law Criminal = offense against society Civil = offense against individual(s) How would you categorize: –Obscenity? –Copyright infringement?

9. 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?

10. 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?

11. Types of civil law Contracts

12. Types of civil law Contracts Torts

13. Types of civil law Contracts Torts –Common media torts: Libel Invasion of privacy Copyright infringement

14. Court systems U.S. Supreme Court U.S. Appeals Courts U.S. District Courts State Supreme Courts State Appeals Courts State District Courts

16. U.S. Supreme Court Final word on U.S. Constitution

17. U.S. Supreme Court Final word on U.S. Constitution Takes cases through a writ of certiorari — “granting cert”

18. 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

19. 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

20. U.S. Supreme Court (2006)

21. U.S. Supreme Court John Roberts, 53 Chief Justice John Paul Stevens, 88 Antonin Scalia, 72 Anthony Kennedy, 72 Clarence Thomas, 60 Ruth Bader Ginsburg, 75 Stephen Breyer, 70 Samuel Alito, 58 Sonia Sotomayor, 55

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

23. Jurisdiction Geographic Subject matter –Copyright always handled at federal level –Obscenity can be handled at state or federal level

24. Jurisdiction Geographic Subject matter Internet –Cybersell of Florida and Arizona –Yahoo! and French law –“Libel tourism”

25. 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”

26. 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

27. 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