power point toni fine usa legal system

TONI M. FINEFORDHAM SCHOOL OF [email protected]

English LegalTerminology II:

The U.S. Legal System

OVERVIEW OF CLASSES

U.S. Constitution Overview and introduction Structure of federal government Relationship between federal and state governments

U.S. Judicial Systems Introduction: Multiple, independent systems Federal courts State courts

Precedent and Stare Decisis

THE NATIONAL CHARTER

THE CONSTITUTION OF THE UNITED STATES


Longstanding – Ratified in 1787Short:

Preamble Basic themes and goals.

7 Articles Structure and powers of national government. Relationship between states and national government.

27 Amendments Refinement to articles Personal rights and liberties.


Many Undefined Terms: “Due process” “Equal protection” “Cruel and unusual” “Reasonable” “Other high crimes and misdemeanors” “Advice and consent” “Commerce among the several states”

STRUCTURE OF U.S. FEDERAL SYSTEM

Two Basic Principles: The Federal/National Government: A System of

Separation of Powers and Checks and Balances. Federalism: The Limited Nature of the

Federal/National Government.

Both based on fundamental mistrust of government and notions of dividing power so as to prevent abuses.


Separation of Powers—Three branches of government, each with its own role/powers: Legislative Branch (Article I):

Makes the law Consists of Senate and House of Representatives

Executive Branch(Article II): Enforces/executes/administers the law Consists of President/Vice President/White House

Staff/Cabinet/”Independent Agencies” Judicial Branch (Article III):

One Supreme Court; Congress given power to establish “inferior” federal courts

Interprets law and applies it in individual cases; says what the law is

More later


Checks and Balances: Each branch has some control over the other branches. Way to prevent abuses by any branch. Examples:

President’s veto power over laws passed by Congress. Congress can override presidential veto. President nominates federal judges, subject to Senate

confirmation. Congress controls budgets of executive and judicial branches. Congress has power to impeach federal judges and executive

officers. Power of judicial review over legislative and executive actions.

FEDERALISM

Federalism Defined: Sharing of powers between two or more governmental entities.

U.S. Style Federalism: Sharing of power between federal/national government and

states. National government a government of limited powers:

Powers of federal government are broad but limited: Enumerated (listed) in the Constitution (see, e.g., Article I,

section 8).• Federal government may not exceed enumerated powers.• Source of continued debate (e.g., 2010 healthcare law).

Residual (remaining) governmental powers reside with the states.

FEDERALISM

Each State: State Constitution – can confer greater (but not

fewer) rights than the federal Constitution. Legislative branch – enact state laws. Executive branch –enforce/execute/administer state

laws. Judicial branch – ultimate arbiter of state law; may

also apply federal law.

FEDERALISM

MAINLY FEDERAL POWER MAINLY STATE POWERWar and International Relations Real PropertyAntitrust TortsSecurities regulation Family LawIntellectual Property Criminal Law (traditional)Labor Relations, Wages, Safety Inheritance and SuccessionConsumer Safety, including Food & Drug

Contract Law

Unfair Trade Practices Corporation LawBanking Law

SUPREMACY AND PREEMPTION

Doctrine of Supremacy: Federal law is supreme to state law. When there is a conflict between federal law and state law,

federal law prevails and trumps state law.Doctrine of Preemption:

Related to supremacy. Congress can preempt (preclude) state action in specific

areas. Preemption can be:

Express Implied, e.g., from comprehensive regulatory scheme that

evidences congressional intent to occupy the entire field.

INDIVIDUAL RIGHTS AND LIBERTIES

Bill of Rights – Amendments I-X:Free speech, press, and associationReligion:

No establishment of religion Free exercise of religion

Right to keep and bear armsGovernment can take private property

only for public use and only with just compensation.


Bill of Rights – Amendments I – X:No deprivation of life, liberty, or property

without “due process of law”: Procedural component Substantive component

Right to trial by jury in most civil damages cases


Bill of Rights –Amendments I – X: Special Protections in Criminal Trials:

Freedom from unreasonable searches and seizures Exclusionary rule

No double jeopardy No forced self-incrimination Right to attorney Right to be free from punishment that is excessive or

cruel and unusual


Bill of Rights – Amendments I – X: Special protections in criminal trials:

Right to speedy and public criminal trial Right to be informed of charges Right to trial by jury Right to confront witnesses Right to compulsory process for witnesses in his favor


Reconstruction Amendments – XIII, XIV, XV: Reconstruction = period after U.S. Civil war when the

country was being “reconstructed” 13th Amendment = Abolition of Slavery 14th Amendment = Equal Protection 15th Amendment = Voting Rights Extended to Blacks

Congress given power to enforce by “appropriate legislation.”


Other Amendments: 19th Amendment =Right to vote extended to women. 26th Amendment = Right to vote extended to those 18

years of age or older.

THE U.S. COURTS AND HOW THEY FUNCTION

INTRODUCTION TO U.S. JUDICIAL SYSTEMS

WHAT ARE THE U.S. JUDICIAL SYSTEMS?

Several Judicial Systems: One federal judicial system 50 state judicial systems Other judicial systems (District of Columbia and

territories)

SEVERAL JUDICIAL SYSTEMS

Each System is Independent and Autonomous. State judiciary is function of state Constitution and

laws. State court of last resort is the ultimate arbiter of that

state’s law. Most state judicial systems are organized like federal

judiciary. Parallel systems –cases go through one system or the

other

FEDERAL VERSUS STATE

JUDICIAL SYSTEMS

Method of Judicial Selection: Federal: President nominates; Senate confirms. State: Nomination or election.

Tenure of Judges: Federal: Life tenure; no maximum term or retirement age. State: Term limits.

Presence of Specialized Courts: Federal: Courts of general jurisdiction. State: More specialized courts common.

Jurisdiction: Federal courts as courts of limited jurisdiction. State courts:

Exclusive jurisdiction over some matters. Also can hear some federal claims.

CONSTITUTIONAL FOUNDATION

Organization of Federal Judiciary: One Supreme Court. Congress given power to establish lower federal courts.

System of courts based on geography and hierarchy (more later)

Method of Federal Judicial Selection: Nomination by President. “Advice and Consent” by senate.

Judicial Independence: Tenure “during good behaviour.” No diminution of salary. Removal only upon conviction of impeachable offense.

CONSTITUTIONAL FOUNDATION

The Power of Judicial Review Power to interpret acts of legislature and the

executive Power to declare acts of coordinate branches and

state actors to be unconstitutional The Federal Judicial Power

“Case” and “controversy” requirement– no advisory opinions.

Limited jurisdiction.

ORGANIZATION OF THE FEDERAL COURTS

Hierarchical Organization (the Pyramid) District courts at the base of the pyramid

Trial level/first instance courts. Courts of appeal in the middle of the pyramid

Hear appeals from district court cases. Supreme Court of the United States as the court of

last resort. Mainly discretionary review under the writ of certiorari.

FEDERAL COURT HIERARCHY

ORGANIZATION OF THE FEDERAL COURTS

Geographical Organization Nation divided into “judicial districts” and then into

“circuits.” 94 judicial districts

Each state has one, two, three, or four judicial districts.

Each judicial district has one district court. 12 regional “circuits”

Each circuit contains one court of appeals and all the district courts within the geographic range of the circuit.

Circuits critical to the operation of stare decisis rules. One Supreme Court

MAP OF CIRCUITS AND DISTRICT COURTS

THE DEFINING PRINCIPLE OF STARE DECISIS IN THE U.S. LEGAL

SYSTEM

INTRODUCTION TO STARE DECISIS

WHAT IS STARE DECISIS?

“Let it [earlier decided case law] Stand”The tendency of courts to follow the rulings

of earlier decided cases when confronted with similar legal issues and facts. An art, not a science. Not an inflexible rule.

BENEFITS OF STARE DECISIS

Predictability Stable and consistent legal principles may lead to

enhanced economic stability/growth.

Fairness Similarly-situated parties should be treated in a

similar way.

BENEFITS OF STARE DECISIS

Judicial Efficiency Courts do not need to consider anew every legal

principle that comes before them. Parties may be discouraged from litigation if the

case law is heavily against their position.

Integrity of the Judicial System Limits judicial discretion in individual cases. Promotes confidence in the judicial and legal

system. Added incentive for judges to craft well-reasoned

decision.

APPLICATION OF STARE DECISIS

Factors to be Considered: Legal issue presented Whether the court issuing the precedent is

authoritative over the current court (*) Scope of holding of earlier case:

Facts presented (*) Holding versus dictum (*)


Authoritative Court Consider geography and hierarchy. Precedent is binding/controlling/mandatory only if the

court issuing the precedent is authoritative over the current court. Supreme Court precedent binding on all. Court of appeals precedent binding within that circuit,

including on court of appeals itself. District court decisions binding only on the parties in the

specific case.


Precedent may also be persuasive In the absence of binding/mandatory/controlling

authority Courts may consider other precedent Courts may reject persuasive precedent if it does not find

its reasoning to be persuasive.


Facts Presented Lawyers analogize to and distinguish facts based on

whether they want the court to feel bound by precedent.

Court has discretion to determine whether to apply precedent to new set of facts presented.

Courts often do not apply otherwise binding precedent by distinguishing current case on the facts.


Holding versus Dictum Holding = court’s resolution of the case; includes

reasoning applied by court. Dictum = judicial pronouncements that go beyond

facts or legal issues presented. Holding is binding; dictum technically is not Not always clear what is dictum.


What Federal Precedent is Binding on State Courts: All courts – state and federal – bound by U.S. Supreme

Court precedent on federal law. Lower federal court precedent is persuasive only on

the state courts.


How does Stare Decisis Apply as to State Law? Each state has its own rules about the application of

precedent within that state. Federal courts and other state courts are to “stand in

the shoes” of the court of last resort of the state whose substantive law applies.

OVERRULING PRECEDENT

Who can Overrule Precedent: Supreme Court can overrule its own precedent. Court of appeals can reverse or overrule circuit

precedent by en banc review. N.B. All courts can distinguish facts as a way of not

applying precedent that would otherwise be binding.


Why Might Court of Appeals Overrule Precedent? First panel ruling was not well reasoned. First panel ruling led to problems in implementation

in lower courts.Why Might Supreme Court Overrule

Precedent? More likely on matters of constitutional law than on

matters of statutory law. More likely on matters of constitutional law than on

matters of statutory law.


Why Might Supreme Court Overrule Precedent? (continued) Special prudential/pragmatic considerations:

Whether rule has proven to be unworkable in practice; Whether rule is subject to reliance that would lend

special hardship and inequity if overruled. Whether related legal principles have left old rule “a

remnant of an abandoned doctrine.” Whether facts have so changed so as to have robbed old

rule of significant justification.


Recent cases in which Supreme Court overruled precedent: Atkins v. Virginia (2002) – execution of the mentally

retarded. Lawrence v. Texas (2003) – gay sodomy statutes. Roper v. Simmons (2005) – Juvenile death penalty. Hillary, the Movie (2010) – Election Campaign Finance

Law.

CONCLUSION

Thank you for your attention!

I look forward to your questions and comments.

For a continuing dialogue, please contact me anytime at [email protected].

Or visit us for an LLM program or the Fordham Law Summer Institute in New York City.

power point toni fine usa legal system

Documents

powers of federal government

federal law

federal constitution

federal judges

powers of national government

federal systemchecks

federalnational government

government of limited