1	THE COURTS
2	Where Laws Come From Common Law – Judge made Statutory Law – Enacted by legislatures
3	Cases Torts Misdemeanors Felonies Federalism / Federal – State Courts / Dual Citizenship Most cases in State Courts Original / Appellate Jurisdiction
4	Adversarial Civil Cases (plaintiff v. defendant) Criminal Cases (state v. defendant) crimes against society American Lawyers – all kinds of law English Lawyers – solicitors, barristers
5	Levels 1^st level – Limited jurisdiction (juvenile, small claims, family, municipal, traffic) 2^nd Level – General jurisdiction Superior courts, County courts (Serious crimes / large civil suits / 1 court per county) 3^rd Level –Intermediate appellate 4^th Level – State Supreme Court
6	Operations Plea Bargains Three Strikes Mandatory Sentencing Overcrowding 8^th Cruel and Unusual Death Penalty – Deterrent? Mistakes? Unevenly? Fair?
7	Most Litigious U.S. – 1 for 400 Great Britain – 1 for 1,600 France – 1 for 3,400 Japan – 1 for 7,000
8	Roe v. Wade 1973 - Roe v. Wade / states can regulate abortion (only after fetus is viable) 7 to 2 decision Catalyst for the pro-life movement
9	Webster v. Reproductive Services Allowed States to Place Some Limits on woman’s right to an abortion Court barred public money / facilities for abortions 5 to 4 decision
10	Constitution unchanged between Roe and Webster (16 years) Interpretation of privacy (Many little steps) State’s right to regulate abortions changed Webster decided by a more conservative court / several Reagan appointees
11	U.S. Court System: Organization and Jurisdiction Dual court system National Court System One Court System for each state Most cases handled in state courts
12	Constitutional Provisions: Article III Article III Created Supreme Court Congress Created 94 Federal District Courts (Trial Courts) May be heard by jury (petit trial) or by a judge (bench trial)
13	U.S. Courts of Appeal (Fed. Appellate Jurisdiction) Courts of appeal do not hear new cases 12 regions (Fed. circuit courts) hear appeals from Federal District Courts Thirteenth Federal Circuit Court - hears appeals for Washington, D.C.
14	Procedure - Courts of Appeal File Briefs Sometimes Hear Oral Arguments New evidence not introduced The panel issues a decision, weeks later
15	More Procedures Written Opinions - explains reasoning of the court Appellate Courts decide which cases they review
16	U.S. Supreme Court Both Original jurisdiction and Appellate jurisdiction Size of the Court determined by Congress (nine since 1869) Supreme Court decisions are precedents for all courts at all levels
17	Constitution established Supreme Court Original jurisdiction - disputes involving ambassadors diplomatic personnel State Vs. State disputes Federal Vs. State disputes State Vs. Citizen from another state disputes
18	Federal Appointments Nominated by president Confirmed / Rejected by Senate (Advice and Consent)
19	More on Appointments Past political / ideological history suggest future behavior on the bench Presidents sometimes surprised by decisions of their nominees
20	Supreme Court in Action In session from 1st Monday in Oct. until late early July Tradition-bound / Unwritten Rituals Secrecy Courtesy Seniority Precedent
21	Court Controls its Docket Must have standing Tool for controlling its agenda is power to grant / not grant a writ of certiorari (cert)
22	Deciding Cases Cases granted cert - scheduled for oral argument Rule of Four Considers 5,000 cases per term 3%-4% (150) cases granted review per term
23	Deciding Cases Read briefs / hear oral arguments / deliberate Time Keeper Written opinion — legal reasoning supporting decisions of the Court Majority / Dissenting / Concurring
24	The Court Breyer, Stephen – 1994, Clinton, Liberal, ABA favorite
25	The Court Ginsburg, Ruth Bader – 1995, Clinton, liberal, witty, knowledgeable
26	The Court Kennedy, Anthony – 1988, Reagan, swing vote, great speaker
27	The Court O'Connor, Sandra Day – 1981, Reagan, swing vote, great speaker
28	The Court Rehnquist, William – 1986 Reagan, conservative, from associate position
29	The Court Scalia, Antonin – 1986, Reagan, conservative, impulsive, articulate
30	The Court Souter, David – 1990, Bush, conservative, great writer, introvert
31	The Court Stevens, John Paul – 1975, Ford, brilliant, libral/independent
32	The Court Thomas, Clarence – 1991, conservative, likes Scalia, well liked, replaced Thurgood Marshall
33	Key Personnel 1 Chief Justice 8 Associate Justices Solicitor General (small staff) Law Clerks
34	Three Periods of U.S. Constitutional Law Period I: National power v. property rights Period II: Government v. economy Period III: Individual rights
35	Judicial Activism Judicial Review Reversing past Supreme Court decisions Loose v. Strict construction (Judicial Interpretation v. Original Intent)
36	Influences on the Supreme Court Court has no means of enforcement (Jackson / Nixon) President / Congress have powers that allow them to influence the Court
37	Small Claims In Every State Limited amount of judgment Called quickly (3-4 weeks) Handled quickly (minutes) No attorney Sue only for amount owed
38	Small Claims Filing Fee to $1,500 ($37) Filing Fee from $1,500 - $7,500 ($74) Summons certified mail - $7 deputy sheriff - $20 special officer - $30 Loser pays court costs
39	Small Claims Can garnish wages Tulsa county – 21,000 cases per year Defendant must appear or lose Most cases won by plaintiffs