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 (2011)
U.S. Supreme Court
• John Roberts, 56Chief Justice
• Antonin Scalia, 75• Anthony
Kennedy, 75• Clarence
Thomas, 63
• Ruth BadeGinsburg, 78
• Stephen Breyer, 73• Samuel Alito, 61• Sonia
Sotomayor, 57• Elena Kagan, 51
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
