Laws, Legal System, and Court Citations

Sources of Law

  • Six primary sources:
    • Constitutional
    • Statutory
    • Administrative
    • Executive
    • Common
    • Law of Equity

Constitutional Law

  • The Constitution is the supreme law.
  • Marbury v. Madison established the Supreme Court's authority to review legislation.
  • The Court ensures laws are uniform with constitutional guarantees across states (e.g., First Amendment).
  • Judicial philosophies:
    • Liberal: Views the Constitution as a living document that evolves with time and culture.
    • Conservative: Interprets the Constitution based on the original intent of the Founding Fathers.
  • Constitutional arguments are often used on appeal.

Statutory Law

  • Statutory laws are laws passed by legislators at the local, state, or federal level.
  • Address problems impacting society or large groups.
    • Example: Minimum drinking age of 21.
    • Example: Federal laws against kidnapping.
  • Statutes can anticipate problems and create laws preventatively.
  • Statutes are found in code books (e.g., Federal Code, Virginia Code).

Administrative Law

  • Agencies like the FCC, SEC, and FTC have quasi-legislative and quasi-judicial powers due to their expertise.
  • They can make and enforce rules.
    • Example: FCC's rules on indecency.
  • Appeal processes exist to challenge administrative rulings in the court system.

Executive Orders

  • The President can issue executive orders not controlled by Congress.
  • Courts review these orders only when appealed.
  • Presidential power is significant through court appointments, shaping constitutional law for years.

Common Law

  • Common law aims to treat everyone equally, regardless of status.
  • Consistent application of rules is based on stare decisis (standing by past decisions).
  • Court opinions are written and studied to understand the application of the law.
  • Courts have legal options to evolve common law while following stare decisis:
    • Following Precedent: Applying a past ruling to a current case with similar facts.
    • Distinguishing by Social Context: Recognizing changes in society or technology that affect the application of a precedent.
    • Distinguishing the Precedent: Differentiating the facts of a current case from a precedent, leading to a different ruling.
    • Overruling Precedent: Reversing a past decision, which is rare.
    • Ignoring Precedent: Not applying a precedent, which can be a reversible error on appeal.

Law of Equity

  • Addresses unusual situations not covered by common law.
  • Courts can issue a Temporary Restraining Order (TRO) to gather information and allow a cooling-down process.
  • TROs are time-dated (e.g., 90-180 days).

Understanding Court Citations

  • Example: Adderley v. Smith, 385 U.S. 39 (1966)
    • Adderley: Plaintiff (initiating the lawsuit).
    • Smith: Respondent (being sued).
    • 385: Volume number of the United States Supreme Court Reports.
    • U.S.: United States Supreme Court Reporter (source book).
    • 39: Page number where the court opinion begins.
    • (1966): Year the court case was decided, not necessarily when the action was initiated.
  • Civil vs. Criminal Suits
    • Civil: Between two individuals (plaintiff and defendant).
    • Criminal: Initiated by the state or federal government (e.g., Commonwealth of Virginia v. Adderley).

Classifications of Crimes

  • Crimes against a person: murder, manslaughter (degrees exist, like first-degree, second-degree, voluntary, involuntary).
  • Crimes against habitation: burglary (breaking into a residence).
  • Crimes against property: theft (depriving someone of property).
  • Arson: a crime against habitation (the building itself).
  • Larceny: is a less significant theft.
  • Crimes against morality and decency: vagrancy (lack of employment).
  • Crimes against public peace: criminal libel (criticizing public officials), in certain jurisdictions.
  • Crimes against sovereignty, justice, and authority: tax evasion.
  • Nuisance Laws: public safety, health, comfort (e.g., public urination, seatbelt laws, texting while driving).

Federal Court System

  • Federal District Court: Court of first instance/fact-finding court (trial court).
  • Federal Court of Appeals: 13 circuits (Virginia is in the Fourth Circuit); hears appeals.
  • United States Supreme Court: Can hear appeals from the Court of Appeals if four justices vote to hear the case (writ of certiorari).
  • Appellate courts (Court of Appeals and Supreme Court) review law, not facts.
    • They determine if the law is constitutional and if its administration violated constitutional rights.
    • Arguments must be constitutionally valid, not just claims of innocence.