Chapter 1: The Court System, Sources of Rights, and Fundamental Principles
Overview of the U.S. Dual Court System
America has two big court groups: helper courts for the whole country (federal) and helper courts for each state.
There are 52 court groups in all (50 states, 1 big national group, and 1 for Washington, D.C.).
Most bad actions are handled in state courts because keeping local places safe is a local job.
The U.S. Supreme Court
Members and Selection:
This top court has 9 special judges called justices (1 leader and 8 helpers).
The President picks them, and the Senate votes yes or no.
Regular courts have judges, but this top court has justices.
Job Rules and Operations:
Justices keep their jobs for life if they do good work.
They work together in Washington, D.C. as one big group.
At least 5 justices must agree to choose who wins a case.
Court Powers and Choosing Cases:
Original Jurisdiction: The Court is the very first to listen to special fights, like fights between two states.
Appellate Jurisdiction: The Court checks work done by smaller courts to see if they made mistakes.
Writ of Certiorari: A special letter asking a smaller court to send its papers. At least 4 justices must say yes to take the case (Rule of Four).
U.S. Courts of Appeals
Made of 13 court groups across the land.
Judges are chosen by the President and stay for life.
They re-check court cases to make sure all rules were followed.
U.S. District Courts and Magistrate Courts
U.S. District Courts:
The starting courts where big national trials begin.
There are 94 of these court areas across the country.
U.S. Magistrate Courts:
Made to help district judges do smaller jobs like small rule breaks and search notes.
Public Access:
Anyone can walk in to watch court trials in person.
Cameras and radios are not allowed inside national courtrooms.
The State Court System
Most states have 4 steps of courts:
State Supreme Court: The highest court in the state.
Intermediate Appellate Courts: Middle courts that check appeals.
Trial Courts of General Jurisdiction: Courts for big crimes and big problems.
Courts of Limited Jurisdiction: Small courts for traffic tickets and small problems.
Texas and Oklahoma have two top courts: one for money problems and one for crimes.
Territorial Reach and Precedent of Judicial Decisions
A court rule only works inside its own city or state area.
Top Supreme Court rules apply to the whole entire country.
Case of First Impression: When a rule problem is brand new, judges look at ideas from other places for help.
Stare Decisis and Judicial Precedent
Stare Decisis: An old phrase that means "follow past court rules."
Judicial Precedent: A rule made by an old court choice.
Following old rules keeps things fair and the same for everyone.
Federal vs. State Criminal Trials & Dual Sovereignty
Breaking national laws goes to national court; breaking state laws goes to state court.
Dual Sovereignty Doctrine:
National and state governments are separate boss groups.
Getting tried in both national and state court for the same action is not double punishment (double jeopardy) under the Fifth Amendment.
Jurisdiction versus Venue
Jurisdiction:
The legal power a court has to handle a trial.
Set by law and cannot be changed by people in court.
Venue:
The real place where the trial happens.
Usually where the bad thing happened, but can move (change of venue) if bad news makes it hard to find fair listeners.
The Adversary System
Two opposing sides (the state and the defender) show proof to a neutral judge or jury to find the truth.
Sources of Rights
Our rights come from 4 main places:
Constitutions (Big national book of rules and state rule books)
Statutory Law (laws written by lawmakers)
Case Law (court choices)
Court Rules
Constitutions
The Bill of Rights (Amendments 1–10):
1st Amendment: Freedom to speak, write, and pray.
2nd Amendment: Right to own guns.
4th Amendment: Protection from unfair searches.
5th Amendment: Right to fair treatment; protection from double trials and forced talking against yourself.
6th Amendment: Right to a fast trial, fair jury, and a helper lawyer.
8th Amendment: Protection from mean punishments and super high money rules.
14th Amendment: Guarantees Due Process (fairness) and Equal Protection (treating people the same).
State Constitutions: Can give people more rights than the big rule book, but never fewer.
Statutory Law
Laws written and passed by leaders in government.
Case Law versus Common Law
Case Law: Written court choices that explain rules.
Common Law: Very old rules from long ago in England.
The Judicial Review Doctrine
Definition: The power of courts to stop laws that break the big rule book (Constitution).
Origin: Started long ago in 1803 in Marbury v. Madison.
The Rule of Law
Definition: No person is above the law. Everyone, even police and leaders, must follow the rules.
The Incorporation Controversy
Definition: The big talk about whether the Bill of Rights stops state governments or only the national government.
Over time, courts used the 14th Amendment to make states follow almost all Bill of Rights rules.
The Four Approaches to Incorporation
Selective Incorporation: Only important basic rights apply to states (used today).
Total Incorporation: All rights in Amendments 1–10 apply to states.
Total Incorporation Plus: All Bill of Rights plus extra rights apply.
Case-by-Case Incorporation: Checking each trial one by one to see if it was fair.
Incorporated vs. Unincorporated Rights
Rights States Must Follow: 1st, 4th, 6th, and 8th Amendments, plus 5th Amendment rules on double trials and talking against yourself.
Rights States Do Not Have to Follow: 5th Amendment grand jury rule and 8th Amendment super high money rule.
Court Cases, Citations, and Case Briefing
Case Citations: Show where to find a written court choice in a book.
8 Parts of a Case Brief:
Case Title
Citation
Year Decided
Facts
Issue
Court Decision
Holding
Case Significance