the american legal system an overview. sources of law constitutional law –u.s. constitution...

The American legal system

An overview

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

Sources of law

• Constitutional law

• Statutory law– Congress– State legislatures– Local authorities

Sources of law

• Constitutional law

• Statutory law

• Administrative law– Federal Communications Commission

Criminal and civil law

• Criminal = offense against society

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?– Copyright infringement?

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?

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?

Types of civil law

• Contracts

Types of civil law

• Contracts

• Torts

Types of civil law

• Contracts

• Torts– Common media torts:

• Libel• Invasion of privacy• Copyright infringement

Court systems

U.S. Supreme Court

U.S. Appeals Courts

U.S. District Courts

State Supreme Courts

State Appeals Courts

State District Courts

U.S. Supreme Court

• Final word on U.S. Constitution

U.S. Supreme Court

• Final word on U.S. Constitution

• Takes cases through a writ of certiorari — “granting cert”

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

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

U.S. Supreme Court (2006)

U.S. Supreme Court

• John Roberts, 53Chief Justice

• John PaulStevens, 88

• Antonin Scalia, 72• Anthony

Kennedy, 72

• ClarenceThomas, 60

• Ruth Bader Ginsburg, 75

• Stephen Breyer, 70• Samuel Alito, 58• Sonia

Sotomayor, 55

Jurisdiction

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

Jurisdiction

• Geographic

• Subject matter– Copyright always handled at federal level– Obscenity can be handled at state or

federal level

Jurisdiction

• Geographic

• Subject matter

• Internet– Cybersell of Florida and Arizona– Yahoo! and French law– “Libel tourism”

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”

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

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