Civil Law and Judicial Review Overview

Overview of Civil Law and Its Branches

  • Civil law structure includes:

    • Law of Contracts (Levity)

    • Law of Negligence

Structure of the Legal System

  • Distinction between State and Federal legal systems:

    • State System: Varies by state but has common structure.

    • Federal System: Consistent across all states.

Trial Levels

  • Federal System Levels:

    1. Trial Court

    2. Appeal Court

    3. Supreme Court

  • State System Levels: More complex, includes trials at varying lower court levels before possibly ascending to a State Supreme Court.

High Court Connections

  • US Supreme Court involvement arises in:

    • Procedural defects at state level.

    • Cases involving federal law.

  • The Supreme Court does not adjudicate state laws but focuses on procedures and constitutional law.

History of Judicial Review

  • Judicial Review Definition: The power of courts to assess whether a law is constitutional.

  • Notable case: Marbury v. Madison (1803)

    • Established the principle that the Supreme Court could review actions of the federal government.

    • Marbury was appointed judge but denied payment by Secretary of State Madison, leading him to seek Supreme Court intervention.

    • The Supreme Court ruled it had the authority to hear the case but Marbury's request was denied, solidifying judicial review's role without immediate application to cases involving state actions.

Selective Incorporation

  • Selective Incorporation Definition: Applying the Bill of Rights to the states through the 14th Amendment.

  • Beginning with Gitlow v. New York (1925):

    • Supreme Court decided freedom of the press applies to individuals and cannot be infringed by the state.

Bill of Rights and Rights of the Accused

  • Amendments in Focus: 1-10 (The Bill of Rights)

  • Other pivotal cases in criminal law:

    • Gideon v. Wainwright (1963): Affirmed the right to legal counsel for the accused.

    • Reversed previous decision in Palko v. Connecticut (1937) regarding double jeopardy; now recognized by states.

Expanding Civil Rights Through Courts

  • Brown v. Board of Education (1954): Declared segregation in public schools unconstitutional.

  • Roe v. Wade (1973): Established women's right to choose in abortion, later reversed by Dobbs v. Jackson Women's Health Organization (2022): Referred abortion rights back to state jurisdiction.

  • LGBTQ Rights: Established through court cases such as same-sex marriage policies around 2015.

Legal Framework and Procedures

  • The federal system has 94 district courts serving as trial courts.

  • Structure highlights three tiers in both federal and state courts, with the US Supreme Court as the potential next level up from state Supreme Courts under limited conditions.

  • Supreme Court Membership: Nine justices, including one Chief Justice, currently John Roberts, who votes like any other Justice.

Definition and Role of Standing

  • Standing Definition: The requirement for parties to demonstrate they were directly affected by a legal action or statute to maintain a lawsuit.

  • Substantial Stake in Outcome: A legal term indicating that a person must show they suffered injury or damage due to government action.

Court Procedures and Legal Processes

  • Legal Process Steps:

    1. Brief Submission: Written argument by the parties involved.

    2. Overall Argument Presentation: Oral arguments made before the court.

    3. Justices' Conference: Deliberation among justices on the case.

    4. Opinion Writing: Majority and dissenting opinions are published, explaining the decision.

  • Notably, amici curiae ("friends of the court") can submit briefs to support one side, often involving interest groups.

Philosophy of the Supreme Court

  • Two primary philosophies among justices:

    • Judicial Restraint: Focus on literal interpretation of the Constitution without incorporating modern contexts.

    • Judicial Activism: Emphasizes adapting constitutional principles to contemporary societal needs.

Conclusion of Course Material

  • Summary of key amendments focused on equality and civil rights. Continued evolution of rights highlighted; as changes occur within the political landscape, judicial interpretations also shift, addressing the needs of diverse populations.

  • The dialog within American law continues to evolve as it mirrors broader societal changes and challenges.

Additional Notes

  • The complexity of moving cases from state courts to the US Supreme Court is crucial for understanding the relationship between federal and state laws.

  • Importance of procedural clarity: Understanding legal avenues for appeals can greatly influence outcomes.