Introduction to the U.S. Legal System. Toni Jaeger- Fine Fordham law School New York City

Transcription

1 Introduction to the U.S. Legal System Toni Jaeger- Fine Fordham law School New York City

2 Overview of Presentation The U.S. Constitution The U.S. Judicial Systems The Importance of Case Law Civil Litigation in the United States Some Current Events **** **** Programs at Fordham Law School for International Law Students/ Graduates

3 Constitution of the U.S. Historical Antecedents Essential Attributes Articles Amendments Interpretation

4 Historical Antecedents Colonial Rule by Britain American Revolution Articles of Confederation

5 Essential Attributes Short and Enduring Reflects Fundamental Mistrust of Government: Federalism: national government of limited power Separation of powers and checks and balances within the national government Personal rights and liberties

6 7 Articles Primary Functions: Establish and empower a national/federal government. Define relationship between federal/national government and states. Provide process for ratifying the Constitution. Provide process for amending the Constitution.

7 Establish and Empower National Government National Government Based on Separation of Powers and Checks and Balances: Article I legislative branch Article II executive branch Article III judicial branch

8 Define Relationship Between National/ Federal Government and States Federalism: Federal powers limited to those that are enumerated States retain residual/remaining governmental powers A note about the commerce clause Supremacy and Preemption

9 Ratification and Amendment Process Process for Ratification Process for Amending the Constitution: Requires action by States Burdensome

10 27 Amendments Two Types: Refinements to governmental structure Individual rights and liberties, especially: Bill of Rights (I- X) Reconstruction Amendments (XIII XV)

11 Judicial Systems

12 Overview Multiple Systems: Federal system 50+ state systems

13 Federal Judicial System Courts of Limited Jurisdiction Courts of General Jurisdiction Supreme Court = Highest Federal Judicial Authority: Final judicial arbiter of federal law Main goal = national uniformity, not error correction: Reviews very few cases Most jurisdiction is discretionary Network of Lower Courts: Hierarchical divisions Geographical divisions

14 Supreme Court Hierarchical Organization of Federal Courts Courts of Appeals District Courts

15 Geographic Distribution

16 Proceeding Through Federal Courts District court: Trial level court One judge and jury, unless waived. Fact finding Court of appeals: Right of appeal to court of appeals in same circuit Legal issues only 3- judge panel; no jury Discretionary en banc review. Supreme Court: Mainly discretionary review. Legal issues only 9 justices en banc

17 Federal Judges Selection Process = Inherently Political: Nomination by President Confirmation by Senate Judicial Independence: No diminution in salary Tenure during good behavior = life (absent conviction for impeachable offense)

18 State Court Systems Product of State Constitutions and Laws: Each system varies State Courts of Last Resort = Final Judicial Arbiters of State Law

19 Case Law

20 Importance of Case Law Most Important Source of Law The law not merely evidence of the law History of the Common Law Stare Decisis = Let it stand It = precedent; earlier decided cases Tendency of U.S. courts to follow principles of law announced in earlier decided case. When there are similar facts and legal issues. May be mandatory or persuasive, depending on issuing court Courts tend to follow own decisions even when not technically required to do so

21 Civil Litigation in the U.S.

22 Essential Attributes Prominence of Settlement/Alternatives to Litigation Adversarial (versus Inquisitorial) Process Extensive Pre- Trial Discovery Role of Jury as Finder of Fact Possibility of Punitive Damages No Attorney Fee Shifting Modest Court Fees Possibility of Contingency Fees

23 Some Current Events Death of Justice Scalia: Will it result in evenly- divided Court in important pending cases? Merrick Garland nominated on March 16, 2016 Will Obama s nominee be voted on by the Senate? U.S. Presidential Election: Will Trump win the Republican nomination? Will Republicans support him? Will there be a contested convention? Will he beat Hillary Clinton?

24 Studying at Fordham Law in NYC

25 Master of Laws (LL.M.) Eight Areas of Specialization: Banking, Corporate, and Finance Law Corporate Compliance Fashion Law Intellectual Property & Information Technology Law International Business and Trade Law International Dispute Resolution International Law and Justice U.S. Law Program Duration: August May January December Extended LLM Sit for New York Bar Examination

26 Short- Term Programs Summer Institute: July 5 22, 2016 Transactional Skills for Global Legal Practice: July 25 August 5, 2016 Winter Institute: January 3-12, 2017

27 Gracias! Toni Jaeger- Fine Fordham Law School New York City