Criminal, Civil, and Public Law: Key Court Concepts and Cases

Criminal Law

Branch of law that regulates individual conduct, defines crimes, and specifies punishments; government is always the plaintiff.

Example of criminal case

The State of Florida v. Casey Anthony.

Standard of proof in criminal law

Beyond a reasonable doubt.

Punishment in criminal cases

Fines or imprisonment.

Civil Law

Branch of law dealing with disputes among individuals, groups, or organizations that do not involve criminal penalties.

Example of civil case

A student suing a professor.

Standard of proof in civil law

Preponderance of the evidence.

Penalty in civil cases

Usually monetary damages rather than jail.

Public Law

Cases involving government power or the rights and freedoms of citizens that affect society broadly.

Example of public law case

Obergefell v. Hodges (same-sex marriage).

Precedent

A prior judicial decision used to guide decisions in future cases.

Stare Decisis

Doctrine meaning 'let the decision stand,' requiring courts to follow precedent.

Trial Court

The first court to hear a case; has original jurisdiction.

Original Jurisdiction

The authority to hear a case first before any appeals.

Appeal

Request to review a lower court decision.

Appellant

The party filing the appeal.

Appellate Court

A court that reviews decisions made by trial courts.

Appellate Jurisdiction

The authority to review decisions made by lower courts.

Prejudicial Error

A legal error in a trial court decision used as grounds for appeal.

Plea Bargain

A negotiated agreement where a defendant pleads guilty in exchange for reduced charges or punishment.

Jurisdiction

The sphere of a court's power and authority.

Federal Court Jurisdiction

Derived from the U.S. Constitution and federal statutes.

Cases heard in federal courts

Cases involving federal laws, treaties, the Constitution, the U.S. government, or disputes between citizens of different states exceeding $75,000.

Diversity Jurisdiction

Federal jurisdiction when parties are from different states and the amount exceeds $75,000.

Habeas Corpus

Request to determine whether a prisoner is lawfully detained.

Article III of the Constitution

Creates the federal judiciary.

Supreme Court Original Jurisdiction

Cases involving states, ambassadors, or foreign officials.

Federal District Courts

Trial courts of the federal system.

Number of Federal District Courts

94.

Federal District Judges

About 678 authorized judges.

Federal Appellate Courts

Courts reviewing decisions from federal district courts.

Number of Federal Circuits

11 regional circuits plus the DC circuit.

Federal Circuit Court

Hears appeals from specialized courts.

Number of Federal Appeals Judges

About 179.

Percentage of lower court cases reviewed by appeals courts

About 20%.

Supreme Court

Highest court in the United States and final interpreter of the Constitution.

Number of Supreme Court Justices

9.

Chief Justice

Leads Supreme Court sessions but has equal vote with other justices.

Appointment of Federal Judges

Nominated by the president and confirmed by the Senate.

Qualifications for federal judges

No formal constitutional qualifications.

Judicial Review

Power of courts to declare laws unconstitutional.

Case establishing judicial review

Marbury v. Madison (1803).

Supremacy Clause

Establishes federal law as the supreme law of the land.

Standing

Legal requirement that a person must be directly affected to bring a case.

Mootness

Cases dismissed because the issue has already been resolved.

Writ of Certiorari

Order by the Supreme Court to review a lower court decision.

Certworthy Case

A case the Supreme Court believes worthy of review.

Supreme Court Acceptance Rate

About 1% of cases requested.

Interest Groups and Courts

Interest groups bring test cases to influence policy.

Brief

Written legal argument explaining why a court should rule for a party.

Amicus Curiae Brief

Brief submitted by an interested third party to support one side.

Oral Argument

Lawyers present their case before the justices and answer questions.

Supreme Court Conference

Private meeting where justices vote on cases.

Majority Opinion

Official opinion of the court explaining the decision.

Dissenting Opinion

Opinion written by justices who disagree with the majority.

Judicial Activism

Belief courts should actively interpret the Constitution to promote justice.

Judicial Restraint

Belief courts should defer to elected branches and avoid overturning laws.

Bicameral Legislature

Congress has two chambers: House and Senate.

House of Representatives

Members represent districts based on population.

Number of House Members

435.

Senate

Each state has two senators.

Number of Senators

100.

Minimum Age for House

25 years old.

Minimum Age for Senate

30 years old.

Responsibilities of Congress

Legislation, representation, oversight, advice and consent, impeachment.

Legislation

Process of making laws.

Representation

Acting on behalf of constituents.

Oversight

Monitoring the executive branch to ensure laws are properly implemented.

Advice and Consent

Senate approval of presidential appointments and treaties.

Impeachment

Formal accusation of wrongdoing against federal officials.

Bill

Proposed law introduced in Congress.

Who introduces bills

Members of Congress.

Number of bills introduced each session

10,000-20,000.

Number of bills becoming law

About 100-150.

Committee

System where most legislative work occurs.

Types of Committees

Standing, select, joint, and conference.

Committee Hearings

Meetings where testimony and evidence are presented.

Markup

Process where committees revise a bill.

Committee Vote

Committee decides whether to send bill to the floor.

Rules Committee

House committee determining debate rules.

Open Rule

Allows amendments on the floor.

Closed Rule

Restricts amendments on the floor.

Filibuster

Senate tactic of extended debate to delay legislation.

Cloture

Vote requiring 60 senators to end a filibuster.

Conference Committee

Committee resolving differences between House and Senate bills.

Presidential Veto

President rejects legislation.

Override Veto

Congress passes law despite veto with two-thirds vote.

Pocket Veto

President takes no action for 10 days and Congress adjourns.

Constituents

People represented by elected officials.

Sociological Representation

Representative shares demographic traits with constituents.

Agency Representation

Representative responds to voters because of electoral incentives.

Delegate Model

Representative votes exactly how constituents want.

Trustee Model

Representative votes based on their own judgment.

Oversight Powers

Congress investigates executive actions.

Advice and Consent Powers

Senate confirms appointments and treaties.

Treaty Approval Requirement

Two-thirds Senate vote.

Impeachment Process

House impeaches; Senate conducts trial.

Removal from Office Requirement

Two-thirds vote in Senate.

Officials impeached historically

16 federal officials including presidents.

High Crimes and Misdemeanors

Standard for impeachment.