THE AMERICAN LEGAL SYSTEM (2)

Federalism

The political arrangement in which two or more levels of government provide a variety of services to, or regulate, citizens in a specified area, and how governmental power is shared among and between federal, state, and local governments, on the vertical axis.

Separation of Powers

The division of power within the Federal government, and within individual states, cities, and counties.
Federal government:
1) Executive Branch
2) Legislative Branch
3) Judicial Branch

Three Major Hierarchical Levels of government

1) Federal States (All of the United States)
2) State (a Single state, ex) Washington)
3) County/City (counties or cities or unincorporated areas like mountains)

Supremacy Clause

The Federal constitution is the highest law in the land. Laws made by the U.S. almost always take precedence over state laws and state constitutions.
Also stops states from interfering with the federal government’s exercise over its constitutional powers.

federal preemption

the legal doctrine that valid federal laws, regulations, or treaties supersede and invalidate conflicting state and local laws under the Supremacy Clause.

3 different types of state preemption

1) Express Preemption
2) Implied Preemption
3) Field Preemption

1) Express Preemption

The state law is drafted to stop counties or cities from doing something (look for a clear statement saying “do this or do not do this”)

2) Implied Preemption

When a local city or county law prohibits an act permitted by the state legislature OR when a local city or county law permits and act prohibited by state legislature

3) Field Preemption

Occurs when there is extensive regulations which reflect an intent to preempt all local regulations in a particular area.
Ex) Allowing a local law would to tend to frustrate or make it more difficult to achieve the broad goals set by state, or federal, regulations

Plastic Bags Preempt Example

Seattle outlawed plastic bags in 2018, and Washington State adopted the choice: preempt Seattle, or go along with it
Washington went along with it

Minimum Wage in Seattle Example

Minimum wages for Seattle restaurant workers no longer include tips, Uber and Lyft will earn a guaranteed wage based on time and mileage.
Cities can go higher than the state minimum wage.

1) Executive Branch

Federal: President
State: Governor
County: County Executive
City: Mayor
President must be sworn into office "Preserve, protect, and defend the Constitution of the United States” Obama did not do it correctly the first time, so redid it.

Statutory Construction

Judicial process by which courts determine and apply the meaning of a written law, when its language is unclear, ambiguous, or contested in a specifc legal case.

How are Presidents elected?

There are 538 Electoral College Delegates
100 members of the United States members
435 members of the House of Representatives
3 from the District of Columbia
Majority to win: 270 electoral votes

Powers of the President

1) Select Federal Judges, including members of the Supreme Court, with the consent of Senate (majority vote)
2) Veto, rejecting a law passed by Congress.
3) Executive Orders, Instruct the executive branch how to do things, or apply rules (Have to be constitutional)
Ex) Trump’s executive order with Birthright citizenship, goes to Supreme Court ends term with decision to uphold birthright citizenship
4) Appointments- the President appoints members/directors of Administrative Agencies and the Cabinet (FTC, FDA, etc.) with Senate confirmation
5) Dismissing members of independent commissions, recent change with President Trump

Legislative Branch

City: City Council
County: County Council
State: Senate/House
Federal: Congress (House of representatives AND the senate, no term limits)
Both the House and the Senate must pass the SAME law, and then signed by the President, but the President can also reject it.
(2/3 of each house must vote for the law)
Federal and State laws are called ‘statutes”
County and City laws are called “ordinances”

House of Representatives

2-year terms, 435 Districts, deciding how nay congressional seats each state get is easy.

Gerymandering

Redrawing district lines to give an advantage to one party over another.
This is bad because most congressional districts are safe for either Democrats or Republicans, which mean they will not lose to other party and have no incentive to compromise. (Hyper partisan gerrymandering)

Senate

6 year terms/ 2 Senators per state, regardless of population
Write/makes Laws
Declare War
Confirm all Federal Judges, including Supreme Court Justices
Confirming President’s Cabinet

State wide Initiatives

A form of direct democracy that allows citizens to bypass their state legislature and propose new laws or constitutional amendments directly to voters.

Judicial Branch

Courts are public facilities, available to private parties, businesses, organizations, and the government, where legal disputes are hear and decided.
Courts are essentially free
Independent from the other branches
Courts do not control the police
Courts are expected to apply the “rule of the law” (following the rules and put their personal biases aside)

Adversarial System

Legal method used in common law countries where two opposing advocates represent their parties’ cases before an impartial judge or jury. Judges simply apply the rules.

Judicial Review

Court’s power to declare an act of Congress, state, or local government, or presidential Executive orders, unconstitutional, and thus void if it violates the federal constitution
Ex) Trump’s Birthright citizenship Executive Order

2 Main Types of Courts

1) Trial Courts
2) Appellate Courts

1) Trial Courts 3 kinds

All cases begin in trial courts.
1) Civil Suit (Plaintiff asks for $ (called damages)) Burden of proof- preponderance of the evidence, how much evidence is needed for the plaintiff to win (more likely than not, more than 50%)
2) Criminal Case (The government prosecutes somebody for a crime) Burden of Proof Reasonable doubt (requires way more evidence) (potential to lose your liberty)
3) Action in equity/ equity case: Plaintiff in a civil case asking the Judge to order the defendant to do something “specific performance” or to stop doing something “injunction” NO JURIES, preponderance of evidence (Juvenile criminal cases are considered equitable, no jury as well)

Superior Court

State Trial court

Federal Trial Courts (Federal District Courts)

Federal Level trial courts

2) Appellate Courts

These courts do not take any new evidence or hear witnesses, appellate courts rely upon transcripts from the trial court. NO new evidence, MULTI Judge panel of AT LEAST 3 judges. 2 vs 1 wins a decision. (9 on the UW Washington Supreme Courts)
May reverse a trial court, affirm it, or remand it (send the case back with instructions) These courts determine if errors have been made

Appellate Courts and Common Law

Only appellate courts may make COMMON LAW (JUDGE MADE LAW) by deciding cases.

Pyramid of Courts

1) Supreme Court (Every court has to follow the ruling of this court)
2) Court of Appeals
3) District Courts

writ of certiorari

Formal order issued by a higher appellate court directing a lower court to send up the full record of a case for review “to be more fully informed” - Used by the Supreme Court

Burglary in the Second Degree

1) with intent to commit a theft or property therin
2) Enters, without permission
3) a building
4) and takes property of another

how common law is made

Once a case has been decided on appeal, and is published, the case is precedent

Legislative acquiescence

Courts presume that congress approves of a judicial or administrative construction of a statute simply because lawmakers have not passed a new law to override it.

Precedent-setting case

legal decision that creates a new rule, standard, or interpretation of the law. Once a higher court makes this ruling, lower courts must follow it in future cases with similar legal questions

Stare decisis

DOCTRINE that says once an important legal rule has been made by a court, the decision should stand. “to stand by things decided” BUT NOT ALWAYS
2022 Roe Vs Wade (1973) overruled and overturned

Construction of the Judicial Branch

1) Supreme Court, 9 Justices,

2) Federal Courts of Appeals (13 circuit courts )
3) Federal District Courts (Lifetime Appointment unless impeached) Appointed by the president and confirmed by the senate

Justice Scalia and Judicial Philosophies

Scalia was a textualist who believed judges should only read the text to determine what the writers meant at the time it was written.

Justice Breyer and Judicial Philosophies

Does not like a frozen constitution, He looks at other factors like consequences and purpose

Plessey Vs Ferguson (1896)

Separate but equal railway cars. Supreme Court says that it does not violate the constitution

Brown vs Board of Education

Racial separation in school, Supreme Court says this is unconstitutional.

Federal vs State Judicial Branches

Federal handles cases involving the U.S. Constitution, federal laws, rules, and agencies.

States handle state laws and are governed by individual state constitutions and decided by state courts, but also apply federal constitutional rules, and sometimes apply other Federal laws and interpret Federal statutes.

State Judicial Branch

1) State Supreme Court (9 Justices, 6-year terms)
2) Superior Courts (Trial Courts) 4-year terms
3) Municipal (city) and county district courts 4-year terms

How to become a Judge

1) Governor appoints a judge if a position becomes vacant BUT you must run in the next election cycle
2) Run for election
Judges are nonpartisan (Cannot run as a democrat or republican)

Subject matter jurisdiction

is a court's lawful power to hear and decide a specific type of case (such as civil, criminal, family, or bankruptcy). Without it, any judgment or order entered by the court is completely void
What courts can hear your type of case. (Geographic component to jurisdiction)

Jurisdiction

A court only has the power to decide a legal dispute if the court has jurisdiction over the subject matter and the parties.
how to find the right court that has the authority to hear and decide your case

Property

A court always has jurisdiction over property within its geographic boundaries

Personal Jurisdiction/ personam jurisdiction

The power of a court to exercise legal control over a defendant and to issue a judgement in a lawsuit. The defendant must be informed that there is a court proceeding against them, and given an opportunity to respond.

Long-arm statute

a state statute permitting courts to obtain personal jurisdiction over nonresidents as long as the requirement of the statute is met.
Ex) Someone from Oregon has done something to injure you in Washington. “Citizen from Oregon you must show up to court in Washington.

Long-Arm Statute Balancing Test

1) The defendant must have sufficient minimum contacts with the other
2) The plaintiff’s claim must be based upon or arise from those contacts
3) The exercise of jurisdiction must be reasonable
Ex) Ms. Sachs buys a Euro Ticket in the U.S. and gets hit by a train in Austria, Ms. Sachs can only sue in Austria is what Supreme Court says

Diversity Jurisdiction

When are parties to a suit are from different jurisdictions. (states or nations)
IF the plaintiff starts the case in state court AND
2) the amount in controversy exceeds $75,000 OR if the claim involves a Federal Question.
Defendant has the CHOICE to move to federal court.

1) All parties on one side must have citizenship different from all parties on the other side of the lawsuit.

Substantive Law

is the set of legal rules, statutes, and common-law principles that defines the rights, duties, and obligations of individuals, businesses, and government agencies, as well as the specific conduct that is prohibited or permitted.
(If moved to federal court, the substantive law of the state will still apply but will apply its own federal rule

Procedural Law

The rules of the court system that deal with the manner in which lawsuits are initiated and go forward. Court systems generally have rules regarding pleadings, process, evidence, and practice.

Concurrent Jurisdiction

Occurs when two or more courts from difficult systems or levels simultaneously share the authority to hear and decide a case. Lots of federal and state overlap
Ex) Kidnapping

Venue (After Jurisidiction)

One the Court has jurisdiction, the next question is where should the trial happen. (Implicates where the jurors will be from)
Ex0 Timothy Mcveigh Oklahoma bombing killed 300 people, could not be done in Oklahoma