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 (2011)

U.S. Supreme Court

• John Roberts, 56Chief Justice

• Antonin Scalia, 75• Anthony

Kennedy, 75• Clarence

Thomas, 63

• Ruth BadeGinsburg, 78

• Stephen Breyer, 73• Samuel Alito, 61• Sonia

Sotomayor, 57• Elena Kagan, 51

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