Judicial Systems

5 sources of law

1. constitutional law

2. statutory law

3. administrative law

4. case law

5. common law

Constitutional Law

• The U.S. Constitution is the supreme law of the land.

• Each state also has its own constitution.

• Constitutions establish government structure, powers, and individual rights.

Statutory Law

written law enacted by legislative bodies

Administrative Law

• rules, regulations and decisions made by administrative agencies

• hand rules down

Case Law

• based on judicial opinions

• how courts interpret + apply the law

• federal constitutional law

• ex. Mapp vs. Ohio

Common Law

unwritten traditions and judicial rulings that evolve into binding legal principles

Federalists vs. Antifederalists

• Federalists wanted strong federal sovereignty, with national laws binding across all states.

• Anti-Federalists wanted stronger state sovereignty, keeping most power local.

• The compromise was the Constitution + Bill of Rights, creating a balance of power between federal and state governments.

Federalism

diffusion of power among different levels of government

4th amendment

1. the right of the people to be secure in their persons, houses, papers, and effects

2. against unreasonable searches + seizures shall not be violated

3. and no warrants shall issue, but upon probable cause

4. supported by Oath of Affirmation

5. and particularly describing the place to be searched, and the person or things to be seized

5th amendment

1. Right to a Grand Jury – For serious federal crimes, a person must be indicted by a grand jury before trial.

2. Protection against Double Jeopardy – You cannot be tried twice for the same offense after an acquittal or conviction.

3. Protection against Self-Incrimination – You cannot be forced to testify against yourself (“pleading the Fifth”).

4. Due Process of Law – The government cannot take away life, liberty, or property without fair legal procedures.

5. Takings Clause (Eminent Domain) – Private property cannot be taken for public use without just compensation.

6th amendment

1. Right to a Speedy Trial – Trials cannot be unreasonably delayed.

2. Right to a Public Trial – Proceedings must be open to the public to prevent secret or unfair trials.

3. Right to an Impartial Jury – Defendants are entitled to a jury of their peers without bias.

4. Right to be Informed of Charges – The accused must know what they are being charged with.

5. Right to Confront Witnesses – Defendants can cross-examine witnesses who testify against them.

6. Right to Compulsory Process – Defendants can force witnesses to testify on their behalf.

7. Right to Counsel – Defendants have the right to a lawyer; if they cannot afford one, the government must provide one.

Limited jurisdiction

• Can only hear certain types of cases, usually narrower in scope.

• Examples: traffic courts, family courts, juvenile courts, probate courts, small claims courts.

• They cannot hear every kind of case—only those assigned by law.

• Often handle less serious matters or specialized issues.

General jurisdiction

• Can hear a wide variety of cases (both civil and criminal).

• Not restricted to certain subject areas.

• Examples: state trial courts, federal district courts.

• Handle serious criminal cases, major civil disputes, and appeals from limited jurisdiction courts.

Legal burden

defendent is guilty beyond a reasonable doubt