US Legal System Lecture Outline
1. Introduction to the US Constitution
A. Historical Background
· American Revolutionary War (1775-1783)
· Declaration of Independence (1776)
· Articles of Confederation: Signed 1777, took effect 1781
· US Constitution: Convention 1787, took effect 1789
· Bill of Rights (1791)
B. Points of Contention during Constitutional Convention
· Proportional representation vs. equal representation for each state
· Power of national government
· Extent of direct democracy
· Slavery
C. Main Concepts Found in Constitution
· Republicanism
· Federalism: As opposed to a unitary system or confederation
· Separation of powers/checks and balance
D. Articles
· Article 1: Bicameral Congress, enumerated powers in Section 8, limitation of powers in Section 9
- Commerce Clause Issues
Schechter Poultry Corp. v. U.S. (1935)
Katzenbach v. McClung (1964)
United States v. Lopez (1995)
· Article 2: Executive Branch: Head of state, government and military
· Article 3: Judicial Branch: Only Supreme court is mentioned. No mention of Judicial Review.
· Article V: Amendments, 2/3 of both houses of Congress & 3/4 of states.
· Article VI, Clause 2: Supremacy Clause
2. The Constitution and American Society
A. Judicial Review
· Marbury v. Madison (1803)
· Standards of Review:
Strict Scrutiny: Compelling objective for the law and necessary means for that objective. (Used for fundamental rights)
Intermediate Scrutiny/Review: Important objective and narrowly drawn law for that objective.
Mere Rationality: Legitimate state objective and rational relationship between the law and objective.
B. Interpreting the Constitution
· Schools of interpretation:
- Literalist, Textualism ,Strict Constructionalist,
- Originalist (Original Intent/Meaning)
- Judicial activism
C. Freedom of Speech/Press (First Amendment)
· Unprotected Categories of Speech (State can ban speech based on content) : Obscenity, Fraudulent Misrepresentation, Defamation, advocacy of imminent lawless behavior.
· Speech Subject to Intermediate Review: Commercial speech
· Important Issues
- Content-based vs. content-neutral restrictions
- Prior restraint
- Private property as public forums
- Freedom of Association/Assembly
· Some Important Cases
- New York Times Co. v. Sullivan (1964)
- Hustler Magazine, Inc. v. Falwell (1988)
- United States v. Eichman (1990)
- Citizens United v. Federal Election Commission (2010)
D. Establishment Clause (First Amendment)
· Historical Purpose
- Avoid religious conflicts from the “old world”
- Protect those wishing to practice a minority religion
- Keep democracy free from religious influence
- Keep religion free from secular influence
· Practical Consequences
- No official church
- Govt. must be neutral towards religion
- Govt. must not actively participate in religious affairs - “wall of separation” between religion and state.
· Litigated Issues
- School prayers: daily, graduation ceremonies, sporting events
- Teaching curriculum: evolution, creationism, intelligent design
- State money to religious schools (parochial)
- Public religious displays
- Tax exemptions for churches
- Conflicts with Free Exercise Clause, Freedom of Speech
- Pledge of allegiance, In God we trust
E. Free Exercise Clause (First Amendment)
· State cannot intentional burden religion
· Incidental effects of laws usually OK, such as criminal laws against peyote, marijuana
· Not allowed: banning clergy from running for office, banning animal sacrifice specifically
F. Equal Protection Clause (14th Amendment)
· Primary intent to attain equal treatment of ex slaves. Interpreted more broadly to impose a general restraint on any governmental use of classification.
· Plessy v. Ferguson (1896) : Separate but equal doctrine
· Brown v. Board of Education (1954): Rejected the separate but equal doctrine and began the end of de jure segregation in the US.
· Bakke (1978): Affirmative Action: Rigid racial quotas found to violate the Equal Protection Clause, but race could be one of several factors for college admission.
· Obergefell v. Hodges (2015): Right to marriage is a fundamental right and denying same sex marriages is a violation of the Equal Protection Clause.
G. The Right to Privacy and Abortion
· Implicit constitutional right against governmental intrusion in an individual’s zone of privacy.
· Griswold v. Connecticut (1965): Overturned a state law banning contraceptives.
· Roe v. Wade (1973)
· First Trimester: Woman has an absolute right to an abortion
· Second Trimester: State has a right to protect the mother’s health through legislation reasonably related to her health.
· Third Trimester: Fetus is now “viable” outside the mother’s womb and the state has an interest in protecting the life of the fetus. Can ban abortion, but not if the mother’s life is at risk.
· Webster (1989) State may prohibit all use of public facilities and publicly employed staff for abortions.
· Planned Parenthood v. Casey (1992) States may restrict abortion so long as it does not place an undue burden on a woman’s right to choose.
H. Right to Bear Arms (Second Amendment)
· Heller v. District of Columbia (2008)
- Protects an individual's right to possess a firearm, unconnected to service in a militia
- In dicta, the Court said longstanding prohibitions and restrictions on firearms possession are consistent with the Second Amendment
· McDonald v. Chicago (2010)
- “Incorporated” the 2nd Amendment – now applies to states.
I. Death Penalty
· Fuhrman v. Georgia (1972)
- Arbitrary application of DP found to be in violation of 8th Amend. ban on cruel and unusual punishment
- No consensus in the majority opinion, but concerns about the capricious or discriminatory manner that the DP is applied.
· Greg v. Georgia (1975)
The Court set out two broad guidelines that legislatures must follow in order to craft a constitutional capital sentencing scheme:
- First, the scheme must provide objective criteria to direct and limit the death sentencing discretion.
- Second, the scheme must allow the sentencer (whether judge or jury) to take into account the character and record of an individual defendant.
3. The Constitution and Criminal Law
A. FOURTH AMENDMENT
• Prohibition against unreasonable search and seizures
• Exclusionary Rule
B. FIFTH AMENDMENT
• Privilege against compulsory self-incrimination
• Prohibition against double jeopardy
• Grand Jury (federal cases)
C. SIXTH AMENDMENT
• Right to speedy trial, public trial
• Right to confront witness, compulsory process for obtaining witnesses (subpoena)
• Right to be informed of the nature of accusation, assistance of counsel
D. EIGHTH AMENDMENT
• Prohibition against cruel and unusual punishment, excessive bail
4. Structure of the US Legal System
A. Sources of Law
· Hierarchy of Binding Law
- Constitutional Law
- Treaties
- Federal Statutory Law
- State Constitutional Law
- State Statutory Law
- Common Law
· Persuasive Law (non-binding)
- Decisions in other jurisdictions
- Restatements of the Law (Torts, Contracts)
- Scholarly articles (Law Review)
- Custom and Usage
B. Jurisdictional/Venue Issues between Federal & State Courts
· Federal Questions & Diversity
C. Federal Courts
· District Courts
- Trial court level with only one judge hearing a case.
- There are 94 districts in total, with each state having at least one district.
- Each District Court is bound by Supreme Court decisions and the Court of Appeals in it’s circuit.
· Court of Appeals (Circuit Court)
- 11 numbered circuits, each having jurisdiction over several states.
- Cases normally heard by panels of 3
- Bound only by Supreme Court decisions
· Supreme court
- 9 Justices
- The Court usually has discretion regarding the hearing of cases
- 4 Justices needed to grant a Writ of Certiorari.
D. State Courts
- Most have a three tier system, with a variety of different names.
- Some areas of law that are mostly solely state law: Tort, Contract, Property, Family, Probate & Corporate
C. State and Federal Judges
· Qualifications: No set criteria for federal and most state judges.
· Federal Judges: Nominated by the president and confirmed by the Senate. Federal judges serve for life and can only be removed for “bad behavior” by the Senate with a 2/3 vote.
· State Judges: A variety of methods of selection, including election by public vote in many states.
D. Jury System
- Jury Pool – from general population
- Voir Doir: Peremptory Challenge, Challenge by Cause
- Unanimous verdict needed in criminal cases, if not, hung jury
E. Becoming an Attorney
- Legal education: Typically 4 years of Undergraduate school and 3 years of law school.
- Bar Exam: Each state has its own bar and attorneys can only practice in states in which they been admitted to that state’s bar.
5. Civil Lawsuits
A. Overview of a Civil Lawsuit
- See a lawyer: retainer, contingency fee
- Try to get a settlement before filing
- File a complaint with court clerk: complaint contains allegations that support a prima facie case
- Serve summons to defendant: within jurisdiction, process server
- Motion for Summary Judgment
- Discovery process: Depositions, Interrogatories, Request for Documents
- Settlement talks
- Trial: Jury selection, opening arguments, plaintiff’s case, defendant’s case, closing arguments.
- Collecting the award: Liens on property, wages
B. The Litigious Society
- Large awards & contingency fees along with punitive damages in Tort Law
- Loser normally does not pay other side’s attorney fees
- Too many attorneys?
- Societal reasons: Less extensive welfare system than other countries, the American Dream, more individualistic
Excerpts from the US Constitution
Article I, Section 8
The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common Defence
and general Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States,
and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the
subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current
Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive Right to their respective
Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and
Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use
shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval
Forces;
To provide for calling forth the Militia to execute the Laws of the Union,
suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for
governing such Part of them as may be employed in the Service of the United
States, reserving to the States respectively, the Appointment of the
Officers, and the Authority of training the Militia according to the
discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of particular
States, and the Acceptance of Congress, become the Seat of the Government
of the United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which the Same
shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings; --And
To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department
or Officer thereof.
The Bill of Rights and 14th Amendment
Amendment I
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of
grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed.
Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger; nor
shall any person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for
his defence.
Amendment VII
In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved,