1. AN OVERVIEW OF THE
U.S. LEGAL SYSTEM
Chapter 2

2. Theories

Throughout history, law has regulated human
interactions for different reasons:
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Protect society’s interests
Deter antisocial behavior
Enforce moral beliefs
Uphold individual rights
Support those in power
Punish lawbreakers
Or seek retribution for wrongdoing

3. Two Prominent Theories

Consensus Theory



Holds that individuals in a society agree on basic
values, on what is inherently right and wrong, and the
laws that express these values
Social contract exists where individuals agree to give
up a portion of their individual freedom to benefit the
security of the group
Conflict Theory


Holds that laws are established to keep the dominant
class in power
Explains how laws protect the interests and values of
the dominant groups in society

4. Current Legal System Goals
Scales
of
Justice


Ensure fairness in balancing
individual and society rights and
needs, while preventing excessive
government power
Scales of justice represent keeping
individual and societal needs in
balance

5. Law Defined



In the US, laws are created by legislative
bodies empowered by the people to pass
laws.
These laws are made through a legal process
called: Promulgate
American law must be enforced through legal
means, in accordance with the tenets of the
Constitution

6. Development of the Law

Laws evolves through four phases:
1.
2.
3.
4.
People come together seeking collective
security, to collectively gather food and to
satisfy other mutual needs
They discover that they need rules to maintain
order and their sense of security
Inevitably some individuals break the rules
Consequences are established for breaking the
rules

7. Development of the Law

Roman law had great influence on the American
legal system


Justinian Code


Rules were based on tradition and a quest for fairness
Distinguished public and private laws and influenced
legal thought
England common law

Royal judges traveled through territories to apply a
broader or national norm as cases were decided. Law
became more common throughout the country

8. Development of the Law

Common law- early English judge-made law,
based on custom and tradition that was followed
throughout the country. It is synonymous in
American law with case law- based on previous
cases

Parliament took over the role of promulgating law
Offenses once considered personal wrongs (murder, rape)
were redefined by English judges as crimes against the
state because they disrupted the security of the entire
community, not just the individual
 This made offenders subject to state control and
punishment


9. Development of the Law


Common law depends heavily on through
precedent and the concept of stare decisis
Stare decisis- to stand by decided matters/ let
the decision stand

Means that previous rules set forth in other cases
shall be used to decide future cases

10. Continuing Need for Law




People need laws to know what behavior is
acceptable and to deal with those who do not
follow the law
Laws should be obeyed for the good of all but,
obedience to the law is voluntary
You should obey the law because as a member
of a larger group, everyone benefits if laws are
obeyed
Laws set parameters for social behavior,
including the consequences for actions outside
these parameters

11. American Law Lives

Human nature dictates that different needs are
perceived at different times


Effective law should be flexible enough to
respond to these changes
American law is referred to as a living law,
because it is not stagnant

It can change, expand or rescinded (repeal) to
serve the overall system

12. American Law Lives




Constitutional Amendments show how law can
advance and retreat as needs and expectations
change
 Constitutional Amendments are not easily or
frequently added or removed
2/3 of each house of Congress, or conventions called
by 2/3 of the state legislatures to propose
constitutional amendments
To be ratified, ¾ of the state legislatures must agree
Out of 7,000 proposals, only 33 have been passed
and submitted to the states
 17 in total have been successfully ratified

13. American Law Lives

Most influential amendments came after the
civil war:
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13th Amend.-abolished slavery
14th Amend.- prevented the states from denying
former slaves equal protection and due process
15th Amend.- right to vote regardless of race
19th Amend.- right to vote for women
21st Amend.- repealed prohibition

14. Categorizing Law

Who?

What?

How?

15. Who? (Jurisdiction)

Who makes the law? Who does the law
affect?


The group that has jurisdiction or authority to
promulgate that law. Legislative body, city
counsel, or state or federal legislatures
Jurisdiction- authority to establish a law, authority
of a court to hear certain cases or the authority
the law has over a specific group of people

16. Who?

Statutory law- laws set by legislatures or
governing bodies having jurisdiction to make
such law

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
Statutory law can be referred as codified law
Codified law- law specifically set forth in organizes,
structured codes such as the US criminal code,
state statutes or local ordinances
Ordinances- laws or codes established at the local
level, that is, the municipal or county level
No statutory law can violate the Constitution

17. How? (Procedural)

Substantive law- establishes rules and
regulations



traffic law
Criminal law
Procedural law- how the law is to be enforcedhow and when police can stop people


How and when police can stop people
Violations of procedural law can have
consequences for the government

18. What? (criminal or civil)


Who is the victim? Is it a public wrong
(criminal) or a private wrong (civil)?
The victim in criminal law is the community,
because it disrupts the community. Society’s
welfare has also been violated

This is why the governments name, representing
the people, versus the defendant appears on
court docket
 US
v. Smith, State of Florida v. Smith

19. What? (criminal or civil)

Crimes- Acts defined by federal or state
statute or local ordinance that are punishable;
wrongs against the government and the
people it serves.
 Ex.-
murder, rape, robbery, etc.
 Also called “penal codes” – criminal codes or laws

Tort- civil wrong by one individual against
another
 Ex.-
child support, eviction, divorce
 Plaintiff v. Defendant (Smith v. Jones)

20. What? (criminal or civil)

Sometimes there is overlap of criminal and civil
law

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A drunk driver causes a crash and hurts an
individual.
Is this Criminal or Civil?
It can be both. Can be guilty of DUI (crime) and be held
civilly liable for the injuries caused to others by the tort
committed.
The government would pursue criminal charges
The victim would file a lawsuit in pursuit of damages
i.e. –

The victim’s families were awarded

21. Current Events
Criminal
Case Ca lifo rnia
v . Sim p s o n
Civil Case Re la tiv e s
o f Vic tim s
v . Sim p s o n
OJ Simpson was acquitted in a
criminal court for the murder of
his ex-wife and her friend
 Found liable in civil court for
wrongful death


Families were awarded $33.5 million

22. Burden of Proof


Criminal- the government must prove its case
beyond a reasonable doubt (99%)
Civil- plaintiff must prove their case by a
preponderance of the evidence (means-more
likely than not) 51%

Goal of civil actions is to right the wrong

23. The Court System



The court has two main functions:
 Settle controversies between parties
 To decide the rules of law that apply in the specific
case
Article III of the US Constitution established the federal
judicial system
The types of cases a court can hear depend upon its
jurisdiction...
 The authority of a legislative body to establish a law or
a court to hear case
 The authority a law has over a specific group of
people

24. Jurisdiction

Three levels of jurisdiction
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Federal, state, and local
There are 6 types of jurisdiction:
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Original
Appellate
General
Limited
Exclusive
Concurrent

25. Jurisdiction

Original- Courts authorized to hear cases first,
try them and render decisions

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
Trial courts
Appellate- describes a court authorized to
review cases and to either affirm or reverse
the actions of the lower court
General- courts having the ability to hear a
wide range of cases

26. Jurisdiction
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Limited- restricted of the types of cases a
particular court might hear
Exclusive- courts only hear specific cases
Concurrent- two or more courts authorized to
hear a specific type of case
Venue- geographic area in which a specific
case may come to trial, and the area from
which the jury is selected

27. The Court System


The US judicial system is two-tiered, consisting
of state and federal court systems
At either tier, there are three levels:
1.
2.
3.

Lower court (trial court)
Appellate court
Court of last resort (Supreme court)
These levels exist to assure that if either side
thinks procedural rules were violated, they can
appeal the case to a higher court

28. State Court System
Lower Courts

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Include municipal, inferior and limited
jurisdiction and county courts
Municipal courts hear ordinance violations,
minor criminal cases, traffic cases and
sometimes more major cases
Limited to the city or county in which the court
is located

29. State Court System
Lower Courts


Inferior include probate, family, police traffic
and justice of the peace courts
States have established these courts to
eliminate the expense and inconvenience of
traveling to a county or district court

30. State Court System
Lower Courts


County often have exclusive jurisdiction over
misdemeanor cases and civil cases involving
a limited amount of money
Superior courts are the highest of trial courts
with general jurisdiction

This is where most felony cases enter the system
 Also
called district court, circuit court or courts of
common plea

31. State Court System
Intermediate Appellate Courts


Created to reduce the caseloads of the state
supreme courts
Appeal cases generally go to this court first

32. State Court System
State Supreme Courts

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

Highest courts in the state and generally called
supreme courts
Power is given to them by the state constitution
Oversee the intermediate appellate courts and
have few areas of original jurisdiction.
Petition for certiorari- to review the decision
of an appeals court

Lower court must abide by the decision of the
higher court

33. Federal Court System

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Specialized courts
District courts with general jurisdiction
12 Circuit courts of Appeal
U.S. Supreme Court (must capitalize)

34. Special US Courts

These courts you may never have any
dealings with:
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Court of Military Appeals
Court of Claims
Court of Customs and Patent Appeals
Customs Court and
Tax Court

35. US District Court


Are trial courts with general and original federal
jurisdiction
Try both criminal and civil cases

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Civil-plaintiff and defendant must be from different
states and the suit must be more than $10,000
Criminal- tries a very limited number of cases
Each state has at least 1 District Court, and
larger states have as many as 4

There are 94 district courts

36. US Court of Appeals

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Like the Intermediate appellate courts in the
state court system
Ease caseload of the Supreme Court
Assigned to one of the eleven circuits

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
Also a DC circuit and a Federal Circuit Court
Have jurisdiction over final decisions of federal
district courts
They are courts of last resort in most federal
cases

37. U.S. Supreme Court
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
Ultimate court of appeal
Chief function is as an appellate court
Restricted by act of Congress to hear only
certain types of appeals from federal appeals
courts and state supreme courts
The case must involve a state or federal
statute alleged to be unconstitutional

38. U.S. Supreme Court


There is no right to have a case heard by the
Supreme Court
Only hears cases of extreme national
importance to set important policy:
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Abortion
Busing
School prayer
Only court empowered to handle lawsuits
between states

39. Officers of the Court

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Judges
Lawyers
Clerks of the court
Sheriffs
Marshals
Bailiffs

40. Judges


Sometimes called justices or magistrates
Elected in some states and appointed in
others

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Federal judges are nominated and appointed
Preside over trials and hearings
Render decisions
Oversee the selection of juries and instruct
them during jury cases

41. Lawyers

Criminal cases - Prosecutor or Defense
attorney

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Prosecutor represents the government
Defense attorney represents the accused
Civil cases- Plaintiff’s lawyer represents the
party bringing the suit

42. Clerks
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Schedule cases
Officially record all business conducted by the
court
Receive and file all official documents related
to a case

Summons and complaints (examples)

43. Sheriffs and Marshals

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Serve summons and other court documents
Enforce court order
Sheriffs function at the state level
Marshals function at the federal level

44. Bailiffs


Responsible for keeping the courtroom
proceedings orderly and dignified
Protect everyone in the court room

45. An Adversarial Judicial System



A legal system which places one party against
another to resolve a legal issue
Only in actual conflicts will a judicial body hear
the case
Will not entertain “what it” situations

46. Doctrines that Govern What Cases Will be
Heard

Standing


Mootness


Having an actual interest in the matter of dispute
Exists when the issues that gave rise to a case
have either been resolved or have disappeared
Ripeness


When a case comes to court too soon
Courts cannot get prematurely involved in a case
that can be resolved through other means

47. The Big Picture: Components of the US Legal
System




The courts are only one component of the
American system of justice
There are also law enforcement and the
correctional systems
Law enforcement officers are known as the
“gatekeepers” of the criminal justice system
Correctional officials handle the offenders after
a court renders that they are guilty of a crime

48. Juvenile vs. Adult Systems –
Different (same) terminology
Juvenile
Adult

Taken into custody

Arrested

Accused of delinquent acts

Accused of crimes

Petition

Information or indictment

Juveniles are detained

Adults are jailed

No right to bail

Right to bail

Private court proceedings

More formal, public

No right to jury trial

Right to jury trial

Proof beyond a reasonable doubt

Proof beyond a reasonable doubt

Right to an attorney

Right to an attorney

Appeals to higher court

Appeals to higher court

Guilty = delinquent

Guilty = criminal

49. The Changing Face of American Criminal
Justice and Constitutional Law




The Constitution is important at every juncture
within the criminal and juvenile justice systems
Constitution limits the role of government
agents
Constitution sets guidelines to maintain the
intentions of the framers
All involved in the administration of justice
should understand constitutional rights

50. American Criminal Justice Beyond Our
Borders



With technology the world is becoming closer
There is interest in laws of other countries
Comparative law


Comparing and contrasting laws to expand
understanding of law and legal theory
How do our laws impact the laws of other
nations??