courts

Functions of Law in Democratic Societies

  • Five functions of law:
    1. Provide security
    2. Provide predictability
    3. Resolve conflict
    4. Reflect and enforce conformity to society’s values
    5. Distribute benefits and rewards in society

Characteristics of the American Legal Tradition

  • Common law tradition:
    • A legal system based on the accumulated rulings of judges over time, uniformly applied across the land.
    • Primarily based on common law instead of civil law.
    • Rely on precedent (or stare decisis).

Kinds of Law

  • Types of law include:
    1. Substantive laws
    2. Procedural laws
    3. Criminal laws
    4. Civil laws

Substantive Laws vs. Procedural Laws

  • Substantive laws:

    • Laws whose content, or substance, defines what we can or cannot do.
    • Examples:
    • Don’t drink and drive
    • Don’t murder
    • Don’t club baby seals

  • Procedural laws:

    • Laws that establish how laws are applied and enforced; outline how legal proceedings take place.
    • Examples:
    • Searches and seizures require a warrant.
    • Accused individuals have the right to a speedy trial.
    • Accused individuals have the right to counsel.

Criminal Laws vs. Civil Laws

  • Criminal laws:

    • Laws prohibiting behavior determined by the government to be harmful to society; violations are classified as crimes.
    • Examples:
    • Don’t produce heroin
    • No loud rap music
    • Don’t steal (the government may perceive this as competition).

  • Civil laws:

    • Laws regulating interactions between individuals; violations result in torts.
    • Example:
    • Drunk drivers involved in crashes may be sued to cover injured persons' medical expenses.

Other Kinds of Law

  • Constitutional laws:

    • Laws in the Constitution establishing basic powers and limitations of governmental institutions and guaranteeing citizens' basic rights.

  • Statutory laws:

    • Laws made by legislatures at either the state or national level.

  • Administrative laws:

    • Laws established by bureaucracies on behalf of Congress.

  • Executive orders:

    • Directives issued by the president requiring action, stopping activities, altering policy, or changing management practices.

Article III

  • Overview:
    • The shortest article in the Constitution discussing the judiciary branch and ensuring judicial independence.

Section 1 of Article III

  • Judicial power vesting:
    • Vests judicial power in the Supreme Court and in inferior courts ordained by Congress.
    • Judges are to hold their position during “good behavior.”
    • Prohibits diminishing judges' compensation.

Section 2 of Article III

  • Judicial power extension:
    • Extends to “Cases” and “Controversies.”
    • Defines the Court’s original and appellate jurisdiction.
    • Guarantees trial by jury in certain circumstances.

Section 3 of Article III

  • Definition of treason:
    • Establishes the definition of treason and requirements for conviction.

The Development of Judicial Review

  • Alexander Hamilton in Federalist No. 78:
    • Describes the judicial branch as the least dangerous branch of government.
    • The Court lacks power over the purse or sword.
    • Approved of judicial review as a means to check the momentary passions of the populace.

Judicial Review

  • Established by Marbury v. Madison (1803):
    • Background: Thomas Jefferson wins the 1800 presidential election, leading to anti-federalists controlling Congress.
    • Federalists authorize losing President John Adams to appoint over 200 nominations.
    • John Marshall does not deliver several commissions.
    • Jefferson declines to deliver these commissions.
    • William Marbury, along with others, petitions the Supreme Court for a writ of mandamus to compel James Madison to deliver the commissions.

Take Home Points from Marbury v. Madison (1803)

  • The Court denies Marbury his commission.
  • Judicial review, though not specifically mentioned in the Constitution, is established through invalidating congressional legislation.
  • This ruling expands the power of the Supreme Court, which uses this power sparingly to strike down federal laws.

Understanding Jurisdiction

  • Jurisdiction:
    • A court’s authority to hear certain cases.
  • Four characteristics determining jurisdiction:
    1. Involvement of the federal government or Constitution.
    2. Types of parties (e.g., states) involved.
    3. Location of where the case arose.
    4. Seriousness of the offense involved.

Types of Jurisdiction

  • Original jurisdiction:

    • Refers to cases that can be brought directly to the court without prior hearings in other courts.
    • Courts with original jurisdiction include state trial courts.

  • Appellate jurisdiction:

    • Refers to cases a court hears on appeal.
    • Courts with appellate jurisdiction include U.S. courts of appeals and state intermediate appellate courts.
    • The U.S. Supreme Court has both original and appellate jurisdiction.

Structure of U.S. Federal Court System

  • Three levels of the federal court system:
    1. U.S. Supreme Court
    2. Circuit Courts of Appeal
    3. Federal District Courts

U.S. District Courts

  • Overview:
    • Lowest level of federal court system.
    • Total of 94 district courts (each state has at least one; Texas has four).
    • Hear both criminal and civil cases.
    • Juries are responsible for verdicts.

U.S. Courts of Appeals

  • Overview:
    • Arranged into 12 circuits.
    • Have sole appellate jurisdiction.
    • No new evidence or witnesses permitted.
    • Rulings are made by a panel of three judges, not a jury; sometimes these panels convene as an en banc group.

The U.S. Supreme Court

  • Composition:
    • Comprises nine justices, though this number has varied historically.
    • Justices are appointed by the president and confirmed by the Senate.
    • Serve for life during good behavior but can be impeached.

Supreme Court Nomination Process

  • Founders’ proposals for appointments included:
    1. Legislature appointing all judges.
    2. Executive appointing all judges.
    3. Senate appointing justices with both chambers appointing judges.
    4. Senate appointing all judges.
    5. Executive appointing with “Advice and Consent” of the Senate.
    6. Executive appointing unless two-thirds of the legislature disagrees.
    7. Senate appointing with presidential veto privileges.

Creation of the Short List

  • Reasons justices retire or are removed:

    1. Institutional: E.g., increased caseload.
    2. Personal: E.g., death.
    3. Political: E.g., alignment with president’s party.

  • Four criteria for Supreme Court appointments:

    1. Merit.
    2. Political ideology (e.g., strict constructionism vs. judicial interpretivism).
    3. Reward.
    4. Representation (in terms of geography, religion, race, and gender).

Nomination Announcement and Senate Judiciary Hearings

  • Process:
    • Senators have the opportunity to question nominees about laws, previous court decisions, and experiences.
    • Nominees often do not answer questions.

Senate Confirmation Vote

  • Confirmation statistics:
    • Nominees confirmed: 128
    • Nominees denied: 37
    • Success rate: 77.58%.

Influences on Confirmation Votes

  1. Ideology of the nominee.
  2. Quality of the nominee.

Steps in Supreme Court Nomination Process

  1. Vacancy arises.
  2. Creation of a short list.
  3. Nomination announcement.
  4. Capitol Hill meet-and-greets.
  5. Senate Judiciary Hearings.
  6. Confirmation vote.
  7. Swearing-in ceremony.

Supreme Court Decision Process

  • Choosing cases to hear:
    • Process:
    • Writ of certiorari.
    • Role of law clerks (cert pool).
    • Discuss list.
    • Rule of Four (pursuant to which four justices must agree to grant a writ).
    • Factors influencing whether a case is heard:
    • Solicitor general’s input.
    • Conflicts in lower courts.
    • Amicus curiae briefs.

Deciding Cases

  • Process:
    • Oral argument.
    • Conference.
    • Opinion assignment.
    • Opinion writing.

Writing Opinions

  • Definition:
    • An opinion is the written part of the decision that states the judgment of the majority of the Court.
    • Types of opinions:
    • Concurring opinion: Agrees with the majority’s decision but for different reasons.
    • Dissenting opinion: Agrees with the decision but presents alternative reasoning or disagrees entirely.

Influences on Supreme Court Decisions

  • Ideology:
  • Judicial activism vs. judicial restraint:
  • External Factors:
    • Public opinion.
    • Executive branch influences.
    • Amicus briefs.

Citizens and the Courts

  • Controversies regarding:
    • The equality of treatment by the criminal justice system.
    • Access to the civil justice system.
    • The length of time cases take to progress through the appellate process.
    • The appointment of judges versus their election.