S

Legal System Overview

Appellate Court and Constitutional Matters

  • The appellate court primarily handles matters of law.

    • Key function: Determine whether something was legally handled.

  • The Supreme Court (both state and federal).

    • Focuses on constitutional issues.

    • Decides whether laws and actions align with the Constitution.

Functions of Courts

  • Courts play two main roles:

    • Interpret laws: Analyze the application and meaning of laws.

    • Settle disputes: Resolve conflicts involving different parties.

  • In business law, courts determine legal disputes:

    • Disputes can arise between:

    • Two individuals

    • Two companies

    • A company and an individual

    • A government and a company

    • Courts assess fairness and legality in these matters.

Structure and Hierarchy of Courts

  • Federal vs. State Court Power:

    • Federal government authority supersedes state power.

    • Example of case escalation:

    • Starts at a district court → moves to appellate court → state supreme court → potential elevation to the US Supreme Court.

  • Minnesota Judicial System Breakdown:

    • Levels include district courts, court of appeals, and state supreme court.

  • US Court System Similarities:

    • Has identical structures with district courts, court of appeals, and supreme court.

Legal Professions

  • Careers in the legal profession include:

    • Judges

    • Lawyers

    • Paralegals

    • Legal assistants

    • A general understanding of these career types is encouraged, with detailed exploration to come later.

Legislative Branch

  • Role of the legislative branch:

    • Responsible for making laws and approving presidential appointments.

    • The Senate approves most appointments; each state has two senators.

  • Examples of Senators:

    • Amy Klobuchar

    • Tina Smith

  • Number of Representatives:

    • Varies by state based on population.

    • Minnesota has eight representatives.

    • Notable representatives include Andy Craig and Betty McCollum.

Executive Branch

  • Role of the executive branch:

    • Comprises the President and state Governors.

    • Functions include signing laws, vetoing legislation, and granting pardons.

    • Power to appoint federal judges and cabinet members.

  • Terms for elected officials:

    • Representatives: 2 years

    • Senators: 6 years

    • President: 4 years

    • Minimum age to run for President: 35 years (must be a US citizen born in the USA and reside in the US for 14 years).

Judicial Branch

  • Responsibilities include:

    • Assessing whether laws are constitutional.

    • Justices appointed by the President, approved by the Senate.

    • Total of nine Supreme Court justices serving lifelong terms.

Checks and Balances

  • Each branch of government holds checks over the others:

    • Executive to Legislative:

    • Can veto bills.

    • Recommend legislation.

    • Call special sessions of Congress.

    • Legislative to Executive:

    • Can override presidential vetoes (requires a supermajority).

    • Declare war.

    • Impeach the President.

    • Legislative to Judicial:

    • Can refuse appointments.

    • Can impeach judges.

    • Judicial over Executive:

    • Declare executive actions unconstitutional.

    • Judicial over Legislative:

    • Determine if legislative acts are constitutional.

Types of Law

  • Two major types of law:

    • Criminal Law:

    • Defines what constitutes a crime and the applicable punishments.

    • Key Components include:

      • Statutes established by the legislative branch.

      • Prosecutors represent the government in criminal cases, while defendants are those accused of crimes.

    • Crime Classifications:

      • Felonies:

      • Serious crimes with penalties of one year or more in prison (e.g., burglary, kidnapping).

      • Misdemeanors:

      • Less serious offenses, often resulting in fines or up to one year of jail time (e.g., DUI, vandalism).

      • Infractions:

      • Minor offenses with fines (e.g., traffic violations).

    • Civil Law:

    • Governs disputes between individuals or companies, outlining legal rights.

    • Key Components include:

      • Plaintiff: Brings the case against another.

      • Defendant: The accused party.

      • Examples of civil cases: negligence, property damage, breach of contract, defamation.

Additional Concepts

  • Tort Law:

    • Encompasses civil wrongs and holds individuals/liabilities accountable for harm (e.g., liability for negligence).

    • Example scenario: A school or store must address a wet floor to prevent injury.

  • Business Implications of Criminal Law:

    • Crimes can affect business operations, customer perception, and financially impact businesses if they are victims of crime or liable for legal actions.