bodkins ch5: overview of court system and legal process

Which of the following best explains the relationship between the Due Process Clauses of the 5th and 14th Amendments?

Both the 5th and 14th Amendments guarantee due process, but the 5th limits the federal government while the 14th applies to the states.

What is due process?

A constitutional guarantee that government must follow fair procedures and respect fundamental rights before depriving a person of life, liberty, or property.

Where are due process protections rooted?

Both process protections rooted in the Fifth (federal application) and Fourteenth (application to the states) Amendments.

What is Procedural Due Process?

The fairness of methods used by government

What does Procedural Due Process require?

Requires
(1) adequate notice of charges or actions

(2) a meaningful opportunity to be heard

and (3) a decision by a neutral and impartial decision-maker.

What does Procedural Due Process ensure?

Ensures government acts openly, consistently, and predictably.

What is the Void for Vagueness Doctrine?

Procedurally-related application stating that a law must be clear before the government can punish someone under it.

What is Substantive Due Process?

The fairness of the laws themselves

What does Substantive Due Process protect?

Protects

(1) fundamental rights from government interference, even if procedures are followed

(2) rights even if not explicitly stated in the Constitution

and (3) whether laws unjustifiably infringe on liberty.

What is the Incorporation Doctrine?

Content-related application defining fundamental rights that must be protected at every level of government, using the Fourteenth Amendment to make the Bill of Rights apply to the states.

Why is the judiciary called the “passive branch”?

The judiciary = the “passive branch” (cannot initiate action, must wait for cases).

Where does the judiciary’s power come from?

Power comes from interpreting law and applying it → affects all Americans.

What did John Milton argue about truth and censorship?

Truth emerges from open debate, and censorship harms the discovery of truth.

What did John Locke argue about truth?

Truth is discoverable through fact, reason, and evidence.

Why do courts matter for communication professionals?

Court rulings determine the limits of speech, press, advertising, and digital rights.

How do journalists and media professionals interact with court rulings?

Journalists and media professionals constantly navigate court-defined boundaries.

What is the adversarial process?

Legal disputes are resolved by two opposing parties presenting their case.

Who decides the outcome in the adversarial process?

Judge or jury decides outcome of case based on evidence, law, and arguments.

How does the adversarial process ensure fairness?

Both sides have equal opportunity to present evidence (facts).

What is an example of the adversarial process in government?

Congress debates laws in public.

What is an example of the adversarial process in elections?

Voters evaluate competing “versions of truth.”

What is the role of lawyers in the adversarial process?

Lawyers are advocates who present facts and law.

What is the role of judges in the adversarial process?

Judges are interpreters and procedural referees.

What is the role of juries in the adversarial process?

Juries are the community voice and fact-finders (or judge for bench trials).

When is a jury required in criminal trials?

The Sixth Amendment guarantees the right to a jury in serious criminal cases with potential punishment of more than six months in jail, judge cannot deny if serious

What is the purpose of a jury in criminal trials?

Protection against government abuse by allowing citizens, not just officials, to decide guilt.

What is the jury’s role in criminal trials?

The jury is a “fact-finder” that decides what happened based on evidence (facts).

When may a jury be used in civil trials?

When facts are disputed or the case is serious.

Is a jury guaranteed in civil trials?

No, but Either side can request a jury trial (no guarantee)

What does the jury decide in civil trials?

Liability and sometimes damages.

What is a bench trial?

A trial with no jury.

What does a judge decide in a bench trial?

Both questions of law (what laws apply, how to interpret them) and questions of fact (when no jury is present).

What are questions of law?

What laws apply and how they are interpreted.

What are questions of fact when no jury is present?

Determining what actually happened.

Where are bench trials common?

Less serious criminal cases and many civil disputes, including small claims and family law, as well as Cases where parties believe a judge will be less swayed by emotion

Why might parties prefer a bench trial?

They believe a judge will be less swayed by emotion.

What do judges always control during trials?

Rule on motions, objections, and admissibility of evidence, and charge the jury with instructions on the law (when a jury is used).

What does it mean that judges “charge the jury”?

Judges instruct the jury on the law.

What types of evidence do lawyers present?

• Witness testimony (what someone saw/heard).

• Physical documents, records, or objects.

• Expert opinions (treated as factual when qualified).

• Rules of evidence limit what is admitted → ensure reliability.

How is witness testimony defined?

What someone saw or heard.

How are expert opinions treated?

Treated as factual when the expert is qualified.

Why do rules of evidence exist?

To limit what is admitted and ensure reliability.

Besides evidence, what else do lawyers present?

Arguments: Interpretation of the facts and the Application of the law

What is interpretation of the facts?

“What the evidence means”,

Explaining what the evidence means.

What is application of the law?

“Which law should apply here?”

Explaining which law should apply to the case.

How do lawyers persuade judges and juries?

Persuasion of judge/jury through reasoning.

What is the jury’s role regarding facts?

Jury = finder of facts, Deciding which evidence is believable.

What is the judge’s role regarding law?

Judge = arbiter of law, Deciding which legal arguments are valid.

What is the key takeaway about facts and arguments?

Lawyers must combine/weave facts into arguments.

What is a fact in a legal case?

Evidence accepted as true by the decision-maker (jury or judge in a bench trial)

What is the first step in the deliberative process?

Lawyers present evidence.

What is the second step in the deliberative process?

The opposing side may challenge the evidence (cross-examination, objections).

What is the third step in the deliberative process?

The judge decides if the evidence is admissible (meets legal standards).

What is the fourth step in the deliberative process?

The jury (or judge in bench trial) decides how much weight to give the evidence.

When do facts become established in a case for purposes of the verdict?

Only after deliberation do “facts” get established for purposes of the verdict

What is evidence?

Information offered.

What are facts?

Information believed and recorded in the verdict.

Does all evidence become fact?

No. Not all evidence becomes fact.

What example illustrates evidence becoming fact?

A witness testifying that they saw the defendant at the scene. That is evidence. Jury decides whether to believe it → if yes, it becomes a fact in the case.

What is the dual court system?

A federal system + 50 state systems, including D.C. and territories.

What courts exist in each system?

• Trial (district) courts – fact-finding, evidence, initial rulings.

• Appellate courts – review for errors in law/procedure.

• Supreme court (court of last resort) – final say

What do trial courts do?

Fact-finding, hearing evidence, and issuing initial rulings.

What do appellate courts do?

Review for errors in law or procedure.

What role does a supreme court play?

Final authority and court of last resort.

What is criminal law?

Government prosecution of misdemeanors and felonies.

What is civil law?

Disputes between individuals or organizations.

(e.g., contracts, libel, divorce)

What case illustrates different burdens of proof?

O.J. Simpson’s criminal acquittal and civil liability.

Primary defining principles (or “Which court can hear the case?”):

• Subject matter jurisdiction – type of case (e.g., federal law, admiralty, constitutional).

• Personal jurisdiction – who is involved (connection between the defendant and the location, e.g., “minimum contacts rule”)

What is subject matter jurisdiction?

Authority to hear a particular type of case.

• Example: A bankruptcy court only hears bankruptcy cases → not divorce or criminal cases

What is personal jurisdiction?

Authority over the people involved in a case.

• Example: A Texas court can’t try a case against someone in Alaska unless they have ties (business, property, conduct) in Texas

What is the minimum contacts rule?

A defendant must have sufficient connection to the forum state.

(connection between the defendant and the location, e.g., “minimum contacts rule”)

Levels of jurisdiction (or “When and at what level the court hears the case?”)

• Original jurisdiction – trial (district) courts (evidentiary/fact-finding).

• Appellate jurisdiction – review courts (process & law; no new evidence).

What is original jurisdiction?

Authority of trial courts to hear cases first. (evidentiary/fact-finding).

What is appellate jurisdiction?

Authority to review lower court decisions. (process & law; no new evidence).

What is binding precedent?

Prior decisions that lower courts must follow.

• State appellate → binding within the state.

• Federal appellate → binding within circuit.

• U.S. Supreme Court → binding on all.

Binding precedent: State appellate

→ binding within state

Binding precedent: Federal appellate

→ binding within circuit.

Binding precedent: U.S. Supreme Court

→ binding on all.

What is forum shopping?

When a party tries to file a lawsuit in the court they believe will be most favorable to their case, rather than the court that has the closest or most appropriate connection to the dispute

How does the levels of jurisdiction prevent forum shopping?

It ensures cases are heard in the most appropriate court.

What areas of law does the Supreme Court shape?

Press freedom, speech rights, advertising, obscenity, and digital law among others

What regulatory bodies are impacted by Supreme Court decisions?

Impacts FCC, FTC, and regulatory powers

What is judicial review?

The power to overrule laws or executive actions.

Why does Supreme Court composition matter?

Ideology influences outcomes.

What ideological blocs exist on the Court?

• Liberal bloc – Sotomayor, Kagan, Jackson

• Hardline conservative bloc – Thomas, Alito, Gorsuch

• Center-right swing bloc – Roberts, Kavanaugh, Barrett

Who is in the liberal bloc?

Sotomayor, Kagan, Jackson.

Who is in the hardline conservative bloc?

Thomas, Alito, Gorsuch.

Who is in the center-right swing bloc?

Roberts, Kavanaugh, Barrett.

What did Dobbs v. Jackson (2022) do?

Returned abortion regulation authority to the states and overturned Roe v. Wade.

What did Allen v. Milligan (2023) demonstrate?

Roberts and Kavanaugh (center-right swing) siding with liberals on voting rights.

- Allen v. Milligan (2023) demonstrated the continued viability of Section 2 of the Voting Rights Act, with Chief Justice Roberts and Justice Kavanaugh joining the liberal bloc in a 5-4 decision. It affirmed that Alabama’s congressional map likely violated the VRA by diluting Black voting power, requiring a second majority-Black district.

What begins a civil lawsuit?

A complaint filed by the plaintiff against defendant.

What is the defendant’s response called?

An answer admitting or denying claims and raising possible counterclaims.

What are pretrial motions?

Motions to dismiss or for summary judgment.

What happens during discovery?

Interrogatories, depositions, subpoenas, and document requests.

Settlement attempts: Why do many civil cases settle?

To resolve disputes before trial.

What happens if a civil case does not settle?

The trial proceeds if unresolved.

What are the steps of a criminal trial?

Investigation, charging, hearings, arraignment, discovery, plea, trial, sentencing, and appeal.

What is the role of a grand jury?

required federally for serious crimes by Fifth Amendment (true bill vs. no bill):

probable cause to indict; or presentment: statement of charging);

not always required by the states…some use preliminary hearings instead

What is a true bill?

A grand jury decision to indict.

(no bill is to not)

What is the burden of proof in criminal cases?

The prosecution must prove the defendant's guilt to a point where there is no reasonable doubt in the mind of a reasonable person.

• This is significantly higher than the civil "preponderance of evidence" standard, which requires only that a claim is more likely true than not (typically >50% certainty).