American Judiciary chapter 1

The rule of law (video definitions)

a set of rules everybody needs to abide by. everyone is accountable to follow the law, social interactions are shaped by the law.

The United states is..

one of the most litigious countries in the world. It is where disputes are frequently resolved in court rather than informal disputes.

The Judiciary plays a major role in

politics, business, and policymaking. It serves not just as a referee but as a powerful institution that actively shapes economics, public policy, and direction of American society.

Overview of judicial power

Positive and natural law

Positive law

written law that became accepted/obeyed over time

Natural law

religious origin laws that are understood by observing nature

Law

A social norm the infraction of which is a sanctioned threat or in fact by the application of physical force by a party possessing the socially recognized privilege of so acting.

Key concepts of law

-valid legal authority

-regularity

-uniformity

-consistency

-common law

-stare decisis

-14th amendment

-jurisdiction

Stare decisis

Let the decision stand; decisions are based on precedents from previous cases

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Sources of law

the constitution

acts of legislative bodies

quasi-legislative body decisions

boards, orders, and decisions

executive agency ruilings

bump stocks

Types of law

civil

criminal

public (individuals v the gov)

private

administrative (epa, gov agencies)

constitutional (free speech, etc)

Levels of law

1. US federalism laws

2. 50 state laws

3. Municipality laws (county, parish, towns)

Functions of law

order and predictability

resolving disputes

protecting individuals and property

providing for the general welfare

protects individual liberties

The weird relations of the rule of law in the US

no country incarcerates more ppl than the US

racial disparities btwn us and incarcerated populations

Some things to consider US and the constitution

The US has the longest lasting constiution in the history of the world

In many ways, the US has been leading the way on issues of law and order

-An old constitution has meant less flexibility

Who was John Brown

An abolitionist and 21 men attempted to stop slavery through violence

raids virginia in an effort to end slavery in an arsenal there

had an effect on the country, created panic in southerners who wanted slavery.

The complex relationship of law and American history

-revolutionary war

-constitution of 1787

-John Brown

-civil rights

-civil disobedience

when was the US constitution signed

September 17, 1787

Lawyers and lawsuits

the US is not the most litigious society

developed nations have seen a rise in lawsuits

explosion of new lawyers

Lawyers and lawsuits in perspective

900,000 cases in federal courts

16,000,000 cases in the state courts

financial cost of lawsuits in the USA 239 million

1,315,516 lawyers in the USA

1 new lawsuit each per 20 ppl

comparatively: lawsuits per 1000 ppl

USA 74.5

GERMANY 123.2

SWEDEN 112.2

Being litigious may be just the result of

developing institutions and democracy

-china has an increase in lawsuits

-US has attempted to stop rates of frivolous law suits

Rule two of the federal rules of civil procedures

allows judges to impose penalties for abuse

may have to pay a fine/costs incurred by the other party in suit

(may have a chilling effect on valid suits)