The American legal system

An overview

Sources of law

• Constitutional law– U.S. Constitution– State constitutions

• May grant more rights than the U.S. Constitution, but not fewer

• Same-sex marriage in Massachusetts

– Judicial review

Sources of law

• Constitutional law

• Statutory law– Congress

– State legislatures– Local authorities

Sources of law

• Constitutional law

• Statutory law

• Administrative law– Federal Communications Commission

Criminal and civil law

• Criminal = offense against society

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?– Copyright infringement?

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?– Copyright infringement?– Reporting on the movement of troops in

time of war?

Criminal and civil law

• Criminal = offense against society

• Civil = offense against individual(s)

• How would you categorize:– Obscenity?– Copyright infringement?– Reporting on the movement of troops in

time of war?

– Invasion of privacy?

Types of civil law

• Contracts

Types of civil law

• Contracts

• Torts

Types of civil law

• Contracts

• Torts– Common media torts:

• Libel• Invasion of privacy• Copyright infringement

Court systems

U.S. Supreme Court

U.S. Appeals Courts

U.S. District Courts

State Supreme Courts

State Appeals Courts

State District Courts

U.S. Supreme Court

• Final word on U.S. Constitution

U.S. Supreme Court

• Final word on U.S. Constitution

• Takes cases through a writ of certiorari — “granting cert”

U.S. Supreme Court

• Final word on U.S. Constitution

• Takes cases through a writ of certiorari — “granting cert”

• Only four of the nine justices are needed to grant cert

U.S. Supreme Court

• Final word on U.S. Constitution

• Takes cases through a writ of certiorari — “granting cert”

• Only four of the nine justices are needed to grant cert

• Chief justice is also administrative head of federal court system

U.S. Supreme Court (2006)

U.S. Supreme Court

• John Roberts, 53Chief Justice

• John PaulStevens, 88

• Antonin Scalia, 72• Anthony

Kennedy, 72

• ClarenceThomas, 60

• Ruth Bader Ginsburg, 75

• Stephen Breyer, 70• Samuel Alito, 58• Sonia

Sotomayor, 55

Jurisdiction

• Geographic– Libel cases usually handled at state level– What if the parties are in different states?

Jurisdiction

• Geographic

• Subject matter– Copyright always handled at federal level

– Obscenity can be handled at state or federal level

Jurisdiction

• Geographic

• Subject matter

• Internet– Cybersell of Florida and Arizona– Yahoo! and French law– “Libel tourism”

The appeals process

• “Justiciable controversy”– Courts cannot rule on cases that are not

before them– An exception: the Massachusetts Supreme

Judicial Court issues “advisory opinions”

The appeals process

• “Justiciable controversy”

• Appeals courts do not retry cases– Was the law correctly applied?

– Is the law constitutional?– Rulings are decided on narrow grounds,

and cases are usually sent back to lower court

The appeals process

• “Justiciable controversy”

• Appeals courts do not retry cases• Judges must follow precedent

– Relevant higher-court ruling prevails– Ruling from another district can be a guide– State and federal judges must consider

each other’s rulings– Doctrine of stare decisis