1. The American Legal System Chapters 11 and 12

2. The Federal Court System Chapter 11

3. The Supreme Court The authority to hear certain cases is called jurisdiction of the court. The authority to hear certain cases is called jurisdiction of the court. Federal Court original jurisdiction = cases involving U.S. laws, treaties, interpretations of the Constitution, ambassadors of foreign governments, 2 or more state governments, the U.S. government or its agencies, and citizens who are residents of different states Federal Court original jurisdiction = cases involving U.S. laws, treaties, interpretations of the Constitution, ambassadors of foreign governments, 2 or more state governments, the U.S. government or its agencies, and citizens who are residents of different states

4. Early Precedents The court must wait for litigants (people engaged in a lawsuit) to come before them in order to “interpret” an issue according to the Constitution. The court must wait for litigants (people engaged in a lawsuit) to come before them in order to “interpret” an issue according to the Constitution. Under Chief Justice John Marshall Under Chief Justice John Marshall Marbury v. Madison (1803) – Judicial Review (the power to review acts of Congress) Marbury v. Madison (1803) – Judicial Review (the power to review acts of Congress)

5. How Cases Reach the Court Original Jurisdiction Original Jurisdiction cases involving U.S. laws, treaties, interpretations of the Constitution, ambassadors of foreign governments, 2 or more state governments, the U.S. government or its agencies, and citizens who are residents of different states cases involving U.S. laws, treaties, interpretations of the Constitution, ambassadors of foreign governments, 2 or more state governments, the U.S. government or its agencies, and citizens who are residents of different states Writ of Certiorari Writ of Certiorari An order from the Court to a lower court to send up the records of a case for review An order from the Court to a lower court to send up the records of a case for review On Appeal On Appeal The decision of a lower federal or state court has been requested to be reviewed. The decision of a lower federal or state court has been requested to be reviewed.

6. Steps in Deciding Major Cases Submitting briefs Submitting briefs The lawyers on each side of the case submit a brief that include legal arguments, relevant facts, and past precedents. The lawyers on each side of the case submit a brief that include legal arguments, relevant facts, and past precedents. Oral Arguments Oral Arguments A lawyer for each side is asked to present their side of the case … they have only 30 minutes each! A lawyer for each side is asked to present their side of the case … they have only 30 minutes each! The Conference The Conference On Wednesdays & Fridays the justices meet to discuss the cases they have heard. On Wednesdays & Fridays the justices meet to discuss the cases they have heard. Writing the opinion Writing the opinion Unanimous opinion Unanimous opinion Majority opinion Majority opinion Concurring opinion Concurring opinion Dissenting opinion Dissenting opinion

7. Landmark Cases Under Chief Justice Roger Taney Under Chief Justice Roger Taney Dred Scott v. Sanford (1857): declared that African American were not and could not be citizens, they were the property of their owners. Dred Scott v. Sanford (1857): declared that African American were not and could not be citizens, they were the property of their owners. Under Chief Justice Melville Fuller Under Chief Justice Melville Fuller Plessy v. Ferguson (1896): upheld “separate-but-equal” facilities for white and black people on railroad cars. Plessy v. Ferguson (1896): upheld “separate-but-equal” facilities for white and black people on railroad cars.

8. Landmark Cases Under Chief Justice Earl Warren Under Chief Justice Earl Warren Brown v. Board of Education (1954): Overturned the “separate-but- equal” doctrine Brown v. Board of Education (1954): Overturned the “separate-but- equal” doctrine Ruled that separate is inherently unequal Ruled that separate is inherently unequal

9. The U.S. Legal System Chapter 12

10. The Basis of Law and Order in America Common law: made by judges in the process of resolving individual cases (also known as case law). Common law: made by judges in the process of resolving individual cases (also known as case law). This is where “precedents” and “stare decisis” comes into play. – Judicial Branch This is where “precedents” and “stare decisis” comes into play. – Judicial Branch Statutory law: a law passed by city councils, state legislatures, and Congress. – Legislative Branch Statutory law: a law passed by city councils, state legislatures, and Congress. – Legislative Branch

11. The Basis of Law and Order (cont.) Constitutional law: that branch of the law dealing with the formation, construction, and interpretation of the Constitution. Constitutional law: that branch of the law dealing with the formation, construction, and interpretation of the Constitution. The Constitution being the supreme law of the land (Article 6 of the Constitution) The Constitution being the supreme law of the land (Article 6 of the Constitution) Administrative law: spells out the authority and procedures to be followed by all levels of government, as well as the rules and regulations issued by these agencies. – Executive Branch Administrative law: spells out the authority and procedures to be followed by all levels of government, as well as the rules and regulations issued by these agencies. – Executive Branch

12. Constitutional Law

13. Legal System Principles Equal Justice under the law: the goal of the American court system to treat all persons alike Equal Justice under the law: the goal of the American court system to treat all persons alike The 5 th through the 8 th Amendments The 5 th through the 8 th Amendments The adversary system: the courtroom is a kind of arena in which lawyers for the opposing sides try to present their strongest cases. The adversary system: the courtroom is a kind of arena in which lawyers for the opposing sides try to present their strongest cases. The lawyer for each side is generally expected to do all that is legally permissible to advance the cause of his or her client. The lawyer for each side is generally expected to do all that is legally permissible to advance the cause of his or her client.

14. Legal System Principles (cont.) Presumption of innocence: a person accused of a crime is innocent until proven guilty. Presumption of innocence: a person accused of a crime is innocent until proven guilty. The burden of proving an accusation against a defendant falls on the prosecution. The burden of proving an accusation against a defendant falls on the prosecution. The defendant does NOT have to prove his or her innocence. The defendant does NOT have to prove his or her innocence.

15. Types of Civil Law 90% of cases heard in state courts concern civil laws Contracts A set of voluntary promises enforceable by the law. Example: an agreement with your mechanic to fix your car for a set price. Property Law Real property is land and everything on it Mortgage: a loan to pay for a house Personal property is your stuff, usually moveable things

16. Family Law Family Law Dealing with family relationships such as marriage, divorce, parent-child, and custody. Dealing with family relationships such as marriage, divorce, parent-child, and custody. Torts (Civil wrongs) Torts (Civil wrongs) Any wrongful act that results in injury Any wrongful act that results in injury Intentional tort (deliberate act resulting in harm) or Negligent tort (careless of reckless behavior resulting in harm) Intentional tort (deliberate act resulting in harm) or Negligent tort (careless of reckless behavior resulting in harm)

17. Civil Case Basics Civil cases are called lawsuits Lawsuits are typically time consuming and expensive The plaintiff is the one who brings the charges in a lawsuit The defendant is the one being accused of something The plaintiff, in a civil suit, usually seeks “damages”, an award of money from the defendant. If the court decides in favor of the plaintiff, the defendant must pay damages and the court costs If the court decides in favor of the defendant then the plaintiff must pay court costs.

18. Steps in a Civil Case Hiring a lawyer Lawyers may work for a contingency fee (typically 1/5 th -1/2 of award) or an hourly fee Filing the complaint The plaintiff must file a complaint with the appropriate court The complaint informs the defendant what is at issue Pretrial discovery This is where both sides prepare for trial by checking facts and gathering evidence to support their case. Resolution without trial 90% of all civil lawsuits are settled outside of court, before trial Trial May be heard by a judge or a judge and jury, and may take years The Award: the “damages” awarded to the plaintiff

19. Small Claims Court This is an alternative to the lengthy and expensive trial process These courts hear civil cases commonly dealing with collecting small debts ($1,000-$5,000) These disputes can usually be settled in a matter of weeks No lawyers, plaintiffs and defendants speak for themselves before a judge Example: the Judge Judy show http://vimeo.com/24375148

20. Let’s move from Civil to Criminal law

21. Criminal Law Criminal law cases are when the government charges someone with a crime. A crime is an act that breaks a criminal law and causes injury or harm to people or to society in general. Not doing something may also be a crime. Example: when a doctor does not report abuse. Most crimes committed in the U.S. break state laws and are tried in the state courts. In recent years, there have been an increasing number of federal criminal cases. Examples: tax fraud, counterfeiting, selling narcotics, mail fraud, kidnapping, driving a stolen car across state lines

22. Types of Crime Each state has its own penal code that spells out what constitutes a crime and the punishments that go with it. Petty Offenses (minor crimes): parking illegally, littering, disturbing the peace, minor trespassing, and speeding. Punishment usually = a ticket, or citation resulting in a fine Not paying a fine may constitute a more serious crime. Misdemeanors (more serious crimes): vandalism, simple assault, stealing inexpensive items, writing bad checks, being drunk and disorderly Punishments = paying a fine or jail time (usually a year or less)

23. Types of Crimes Felonies (serious crimes): burglary, kidnapping, arson, rape, fraud, forgery, manslaughter, and murder Punishment = a year or more of jail time (murder may result in death) People convicted of felonies may also lose certain civil rights such as the right to vote, possess a gun, or serve on a jury They may also lose employment opportunities in some careers such as the military, law, teaching, or law enforcement.

24. Steps in Criminal Cases 1.Investigation and Arrest  An arrest may occur with or without a warrant  The accused is taken to the police station and “booked”  Fingerprinted, photographed, may stand in a line- up for identification, may be blood tested, may give a handwriting sample  May ask for a lawyer before asked to answer questions 2.Initial Appearance  Brought before a judge within 24 hours to be formally charged  The defendant enters a plea of either “guilty” or “not guilty”  If the plea is not guilty then a date is set for the trial  The judge may release the accused on their own recognizance or require bail if they are thought to be a flight risk.

25. Steps in Criminal Cases 3.Preliminary Hearing  The prosecution presents its case to a judge.  If the judge believes there is probable cause and enough evidence then the case moves to the next stage.  Or if the judge believes there is not enough evidence then the charges are dropped. 4.Plea Bargaining  The prosecutor, defense attorney and police work out an agreement for the defendant to plead guilty to a lesser crime.  90% of criminal cases conclude in a plea bargain.  This is a way to save the state money, but does it let the guilty get off easy?

26. Steps in Criminal Cases 5.Arraignment and Pleas  The judge reads the charges in an open courtroom  The judge will ask the defendant to enter the plea, either guilty or not guilty (or guilty by reason of insanity or not contest)  If the plea is not guilty then there will be a trial and a court date is set. 6.The Trial  Defendants may choose either a bench trial or a jury trial.  Judges are more likely to convict.  Both the defense and the prosecution have a say in jury selection in order to avoid bias on the jury.  After jury selection both sides present their case and provide or refute evidence.

27. Steps in Criminal Cases 7.The Decision  The judge gives the jury instructions  They go to a private room to deliberate  The jury choose a foreman from among themselves  There is no time limit to deliberations  The jury must come back with a unanimous verdict  The evidence must convince them beyond a “reasonable doubt”  If the jury cannot agree then they are a “hung jury” and a mistrial will be declared. 8.Sentencing  If found guilty then the judge decides the sentence.  The defendant may appeal the decision for serious offenses.  Some states have 3 strike laws that make it an automatic 25 years to life on your 3 rd strike.

28. Reasons to imprison 1.Punishment 2.Rehabilitation 3.Protection of Society 4.Deterrent