Media Law Lesson 1 - Basics - Courts and Laws

Courts have 3 basic functions

1. settle disputes

2. interpret the laws

3. create expectations that business will be conducted fairly

US Courts Hierarchy

Hierarchy (Least to Most)

1. Most cases are settled outside of court with a lawyer

2. State court (3 levels - 1 trial court, 2 appellate courts)

• State Trial Court

• State Appeals Court (appellate court)

• Highest State Court (appellate court)

3. Federal Court (2 levels - 1 Trial court, 1 appeal court)

• US District Courts

  • District Courts have 1 judge

• US Courts of Appeal

  • Federal appeals have 3 judges

4. US Supreme Court

Final court of appeals

Courts and their levels

Hierarchy (Less to Most)

2. State court (3 levels - 1 trial court, 2 appellate courts)

State courts have broad jurisdiction. State laws apply to people who live or work in a particular state

• State Trial Court

• State Appeals Court (appellate court)

• Highest State Court (appellate court)

3. Federal Court (2 levels - 1 Trial court, 1 appeal court)

Federal Courts have narrower jurisdiction. Federal laws apply to everyone in the United States

• US District Courts

  • District Courts have 1 judge

• US Courts of Appeal

  • Federal appeals have 3 judges

There are four scenarios where the federal courts have original jurisdiction, and in all cases, must be brought in a district court:

1 cases where the law at issue is a federal law

2 cases involving treaties

3 cases involving the U.S. Constitution

4 cases where the U.S. Government is a party to the litigation

4. US Supreme Court (also federal)

Final court of appeals. Most of the time has an appellate jurisdiction.

When the court hears a case its called Judicial Review (most of the time).

Cases where the court has original jurisdiction (acts as a trial court):

1 between the U.S. and a state

2 between two or more states

3 cases involving foreign ministers or ambassadors

4 brought by citizens of one state against citizens of another state or against a foreign country

5 Crimes on the High Seas

• 9 Justices

• The court will almost always hear a case where the federal government itself has initiated the appeal.

Federal court system - 4 main characteristics

1. The federal court system is separate from the other branches of government

2. Federal courts are hierarchical, with supreme court at the top, and lower courts at the bottom

3. The federal court can perform Judicial Review over laws passed by Congress and state legislatures, and over executive actions.

4. Federal judges are appointed for life, and their salaries cannot be reduced (to preserve their independence from politics)

Judicial Review meaning?

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

Difference between an appeal and judicial review?

Judicial reviews typically deal with the decisions of administrative tribunals, while appeals typically deal with the decision of a court.

Federal courts are hierarchical, with the Supreme Court at the top, and lower courts at the bottom, which means that if a lower court makes a decision …

… it can be appealed to a higher court, which can either affirm or overturn the lower court’s decision.

Appellate jurisdiction?

The power of a higher court, such as a Supreme Court, to review a case that has already been heard by a lower court, such as a District Court.

Prosecution vs Defendant

The prosecutor must charge the accused with a specific crime or crimes, then present evidence that proves beyond a reasonable doubt that the accused is guilty. The defense attorney must defend their client against criminal charges.

LAWS

Congress and State Legislatures?

Both state and national Legislatures make laws, and these written laws are Statutes.

Some countries only have Statutes. In the US and England, they also have common law, which consists of past court decisions that influence future legal decisions.

Types of Laws

• Civil Law (personal affairs)

• Criminal Law (gov vs individual)

  • Based mostly on: Statutes (written laws by Legislatures)

• Public Law

  • Statutory law (written laws by Legislatures)

  • Common law (the common law is the body of law derived from court decisions.)

Criminal Court vs Civil Court

Criminal Court is the state vs an individual.

Civil Court is an individual vs individual.

Criminal Court judges can punish you for breaking the law by sending you to jail. Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home.

civil law vs common law

common law

• based on past court decisions and costumes

civil law

• written laws

1. Constitutions

2. Equity law

3. Executive orders

4. Statutes

5. Administrative

6. Common law