What exactly does it say? What is the law designed to do? What is the purpose (or intent) of the law?

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1 American Law

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3 You Be The Judge a. b. c. What exactly does it say? What is the law designed to do? What is the purpose (or intent) of the law? Need to keep in mind the LETTER and the SPIRIT (intent) of the law

4 How Did You Decide the Case? What was the reasoning behind your decisions? What were some problems you encountered in making the decisions? Does the law create more situations with problems and exceptions than having no law at all? Should Laws be written in great detail or should they be flexible to changing situations? Can they be both? How would you write the law differently? How do you think Judges interpret laws like this everyday in Court?

5 Types of Law 3 Types of Law Common Law Based on Case Law Cases are decided based on rulings have been made on similar cases previously (called precedents) Civil Law Codified Law by the Government, usually inflexible to interpretation Religious Law Religious Law Structures For example Canon Law (usually similar to Civil Law)

6 Civil Law EVERYTHING BY THE BOOK! Civil Law any court case must involve a law or statute that is written down and explicitly outlined in the law books! Advantages: the law is clear and it eliminates a lot of grey area in terms of what the outcome should be Disadvantages: New situations that don t fall within existing statutes or laws are difficult to bring to court Louisiana is only US state to use civil law

7 Common Law case law and precedent! Common Law there may be written laws, but interpretation of laws and disputes that are not covered by existing laws can still be tried in court. Precedent, or prior cases that are similar, generally guide the decision for a case, although Precedent can change over time. Advantages allows situations that may be new or not covered by written law to still go to court. Disadvantages outcomes can be hard to predict and can change over time. Every US state besides Louisiana uses common law, the federal court system also uses common law procedures.

8 Origins of Common Law Common Law was adopted by US federal and state courts, directly descended from English Common Law system that existed in colonies Common Law can be traced back to feudalism Allows the judge some flexibility in how a law should be interpreted or understood If a law does exist that applies to the case in question, judge must interpret this law to decide outcome of case

9 Precedent Precedent - an earlier event, court ruling, or action that is regarded as an example or guide to be considered in subsequent similar circumstances. What are some examples of when you have used a precedent to help guide you? How do we use Precedents everyday in our own lives in order to survive and thrive?

10 Types of Trials Two Basic Types of Trials Criminal Trial considered an offense against society at large (varies in severity -- summary, misdemeanor, or felony), and consequences will involve a criminal punishment such as jail time or a fine Criminal Act = Considered an offense against the community Juvenile Court criminal trials for those 17 or younger Traffic Court - criminal trials but very low level consequences at stake Civil Trial An individual dispute between two independent people or organizations, it is a trial over someone who feels they have been wronged by another and is trying to seek payment or an order to stop harm in some way Small Claims Court involves small amounts of money that is owed

11 Types of Criminal Charges Petty Offenses/Summary Offenses very low level offenses, such as a traffic violation, parking ticket, or breaking a city/town ordinance or code usually punishment involves a small fine Misdemeanor Middle level offenses, usually not serious enough to be a felony but not small enough to be a summary offense for example, simple theft or vandalism might be considered a misdemeanor Usually punishment involves a large fine or small amount of jail time/probation Felony High level offenses, very serious, could include murder, kidnapping, rape, and drug trafficking Punishment could include a large fine and significant jail time

12 The US Court Structure Article III of the Constitution addresses the Judicial Branch Outlines the Supreme Court but leaves the rest of the Federal Court Design is up to Congress States are responsible for creating their own state court system

13 Article III Section I The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

14 Jurisdiction The Constitution allows Federal Courts to hear cases (aka have jurisdiction) on the following types of issues Any Federal Law US Constitution Disputes between 2 or more states Disputes between citizens of two different states Disputes with foreign countries or people Maritime disputes (in US waters)

15 Appeal What does it mean to appeal a case? This means to challenge the outcome of a case in a different (usually higher ranking) court The Supreme Court is mainly an Appellate Court The Supreme Court is given Appellate Jurisdiction This means that it will only hear cases that have already been tried in a lower court beforehand Almost all federal court cases will start in a lower court UNLESS it involves a foreign entity or a lawsuit between two states

16 US Court Structure Congress has created the following court system District Courts exist in each state, lowest level federal courts Circuit Courts exist by region, middle level federal courts Supreme Court highest federal court, has the final say on a case

17 District Courts Funnel Analogy Circuit Courts Think of the US Court System and State Court systems as a funnel Cases start at the lower courts, there are thousands of cases! Only some of these cases are able to be appealed to the middle level courts Very few cases, only about 100 of 1,000 s of cases, make it to the Supreme Court Once an appeal is not accepted by a higher court, then the decision of the current court becomes final Supreme Court

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20 The Supreme Court Court System based on idea of Common Law Supreme Court cases will hold the most weight with final jurisdiction Their decisions become case law for the rest of the nation s courts to follow Writ of Certiorari a formal request for a case to be heard by the Supreme Court Supreme Court makes the decision if they want to hear a case The Supreme Court receives approximately 7,000 requests a year Typically the Supreme Court hears about cases a year The Supreme Court will usually try to hear high profile cases that will set case law for similar cases in the future

21 Supreme Court Structure Supreme Court is made up of 9 Justices 1 Chief Justice and 8 Associate Justices Justices are appointed by the President and confirmed by the Senate Justices may serve for life and salary cannot be decreased This keeps the Courts independent of the other branches of government Justices take a vote on the outcome of the case, with the majority of votes determining the final outcome (in a tie the lower court decision is upheld) The Reasoning for the outcome is called the majority opinion In some cases justices may release a concurring opinion which provides different reasoning from the majority but still agrees with the overall outcome of the case The Reasoning why other justices voted against the outcome is called the dissenting opinion

22 Pennsylvania Court Structure Minor Courts Philadelphia and Pittsburgh Municipal Courts Magisterial District Courts Judges do not need to be a lawyer, but need to pass qualifying exam for certification Hearings for minor violations and traffic violations Preliminary Hearings for most types of criminal cases (determine if case will go forward for trail at the Court of Common Pleas level and set bail) Link to PA Court System Page

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24 Courts of Common Pleas General Trial Courts of PA 60 Courts across PA, most are organized by county Hear appeals from minor courts Hear matters involving children and families Hear criminal cases and civil cases

25 PA Superior Court Intermediate Appellate Court usually only hears appeals for civil and criminal cases from the Court of Common Pleas Usually heard by panels of 3 judges in Philadephia, Harrisburg, or Pittsburgh or may travel to certain area of the state

26 Commonwealth Court Intermediate Appellate Court same level as the Superior Court Specifically hears appeals of civil cases that involve local governments or PA regulatory agencies Also has original jurisdiction over any civil case filed against, or involving, the Commonwealth of Pennsylvania

27 Pennsylvania Supreme Court Appeals from the Superior or Commonwealth Courts Direct Appeals from Court of Common Pleas, including when death sentence is issued (automatically appealed) 7 Justices hear the case

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29 Judicial Review Judicial Review was established in the landmark Supreme Court case, Marbury vs. Madison William Marbury sued for the right to be a federal judge as he was appointed by Adams and confirmed, but never received his commission before Jefferson was sworn in Madison, new secretary of secretary of state, refused to deliver the commission William Marbury sued Madison in the Supreme Court based on Judiciary Act of 1789 Marbury loses case because the Court decided that the Judiciary Act of 1789 violated the Constitution (or was unconstitutional) because it gave the Supreme Court original jurisdiction where it shouldn t This established the Supreme Court s power of Judicial Review, where it can determine if a law violates the Constitution or not, and gives the courts the power to declare a law unconstitutional (this power continues to this day)

30 Interpreting the Law Society s Influence All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Landmark Supreme Court Cases interpret 14 th Amendment Plessy vs. Ferguson 1896 Separate but Equal segregation constitutional Brown vs. Board of Education 1954 Separate is Inherently Unequal segregation unconstitutional Why is the ruling different over the course of 60 years? What precedents did the courts set?

31 Other Terms to Know Injunction An order or demand from a Court, usually made as a restraining order or an order to cease/halt a planned action Temporary Injunction can be given before trial temporarily until trial is completed and outcome decided Permanent Injunction can be given after a trial, permanently exists after trial is completed Restraining Order type of injunction that does not allow someone near another

32 You ve Been Served! Subpoenas An order to appear in court, or an order for certain evidence to be handed over to court or court authorities A subpoena is a legal order and YOU MUST COMPLY with it, otherwise you risk imprisonment/fines for contempt of court A subpoena must be served to you by being delivered to you in person, sent to your last known address, called into you, or e- mailed. Receiving a subpoena is called being served

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