TragerCh1Rev2025

Chapter 1: Law and The Legal System

Overview

• The legal system comprises the institutions and processes that create, interpret, and enforce laws.

Current Events in Law

• August 11, 2023: Marion County Record had all computers and cellphones seized by police investigating whether it illegally accessed information about a local business operator.

• August 16, 2023: NY Times considers legal actions against OpenAI over copyright issues related to AI using its articles.

• 2024: U.S. Congress passes a law banning TikTok unless it breaks ties with the Chinese government.

• 2025: Supreme Court upholds TikTok law. Meta announces ending of fact-checking.

Definition of Law

• Law: A system of rules recognized by a community as regulating actions and enforceable through penalties.

  • Sources of Law:

    • Constitutions: Derived from popular will.

    • Legislatures: Elected representatives that enact laws.

    • Executive Orders: Issued by chief executives which have the force of law.

    • Courts: Interpret and impose laws.

    • Administrative Agencies: Such as FAA and FCC.

Structure of Legal Authority

• Federalism: Coexistence of federal and state governments.

  • 10th Amendment: Powers not granted to the federal government are retained by states and the people.

• Separation of Powers: Divides government into three branches (executive, legislative, and judicial) with checks and balances.

• Enumerated Powers: Specific powers granted to the federal government; if not listed, no power exists.

• Amendments: Carry the same weight as the original Constitution.

Common Law and Judicial Precedent

• Common Law: Legal rules derived from court decisions.

  • Stare Decisis: Doctrine where courts follow precedents set by previous cases unless there is a valid reason to deviate.

U.S. Legal System Structure

• Supreme Court: The highest court; decisions set binding precedents.

• Courts of Appeals: Review decisions from lower courts; composed of panels of judges.

• Trial Courts: Where cases begin; include U.S. District Courts.

Federal Court System

• Trial Courts: U.S. District Courts; each state has districts based on population ratios.

  • Example: California has four districts.

• Courts of Appeals: 13 circuits; review lower court decisions.

• Jurisdiction: The power to hear and decide cases; determines which court can preside based on the subject matter and parties involved.

Due Process Requirements

• Essential legal procedures in all cases where liberty or property is at stake:

  • Personal Jurisdiction: Sufficient contacts with the court’s state.

  • Notice of Claims: Defendants must be informed of the charges.

  • Opportunity to be Heard: Defendants must be allowed to present evidence and witnesses.

The Appeals Process

• Appellate Courts: Handle appeals post-trial; judges review briefs and records of the cases.

• Decisions may result from a majority of judges; published or unpublished opinions.

Federal Preemption

• Supremacy Clause: Asserts federal laws take precedence over state laws in case of conflict.

  • However, states can enforce laws more restrictive but cannot reduce federal rights.

State Court Systems

• Each state has a separate court system addressing state and common laws.

  • Trial Courts: Handle local cases; often called Superior Courts.

  • Appeals: Managed by Courts of Appeal by District.

  • Supreme Court: Last resort in the state's judicial system.

Types of Cases

• Criminal Cases: Prosecuted by the government for crimes.

• Civil Cases: Involve disputes between private parties over various issues (money, contracts, etc.).

• Administrative Cases: Resulting from agency actions (e.g., penalties imposed by the FCC).

Legal Research and Case Briefing

• Citation Formats: Understanding how to read case citations (e.g., New York Times v. United States).

• FIRAC Method for Briefing Cases:

  • Facts: Overview of the case details.

  • Issue: Central legal question.

  • Rule: Applicable laws and regulations.

  • Analysis: Evaluation based on facts and rules.

  • Conclusion: Summary and judgment regarding the issue.