Chapters 2 and 5
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Chapters 2 and 5

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Lecture over court fundamentals for Nilsen's Crime and Law class

Lecture over court fundamentals for Nilsen's Crime and Law class

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Chapters 2 and 5 Chapters 2 and 5 Presentation Transcript

  • Chapters 2 and 5 Basics of Laws and Courts
  • 1. Who makes laws?
    • Legislatures through statutes
    • Agencies through regulations
    • Courts through precedent
    • Several countries through treaties
  • 2. What’s up with Federalism?
    • Concurrent jurisdiction
      • More than one government has authority over an area
    • Federal government and State government
      • Local government is offshoot of state government
  • Federal, State, or Local?
    • No parking on the east side of Main Street between 4:00 pm and 6:00 pm.
    • All persons between the ages of 6 and 16 must attend school.
    • Whoever enters a bank for the purposes of taking by force or violence the property or money in custody of such bank shall be fined not more than $5000 or imprisoned not more than 20 years or both.
  • Federal, State, or Local?
    • In order to sell any product on public streets, the seller must first apply for and receive a vendor’s permit.
    • No employer of more than 15 persons may discriminate on the basis of race, color, religion, sex, or national origin.
    • All persons traveling on interstate airline carriers are subject to search before entering the airplane departure area.
  • In a fight between the Feds and the State, whose law applies?
    • Feds win if it’s a matter in which the federal government has authority
      • Supremacy Clause – Article 6 of the Constitution
    • If the Feds don’t have the power in the constitution, then it’s a state matter
      • Amendment 10 of the Bill of Rights
    • Federal powers laid out in Article 1, Section 8
  • Article 1, 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 defense 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 a 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 offenses 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, dockyards, 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.
  • 3. How is the court system structured?
    • Trial courts at bottom
    • Can appeal to the appellate courts
    • Top of the heap is the Supreme Court
    • Look at the chart on p. 53 of your book
  • 4. When do you go to Federal Court? When do you go to State Court?
    • Go to Federal Court if:
      • Federal law is involved
      • If the US is a party
      • If the Constitution is involved
      • If the parties are from different states and over $75,000 is involved
    • Otherwise you go to State Court
  • Federal or State Court?
    • A state sues a neighboring state for dumping waste in a river that borders both states.
    • A wife sues her husband for divorce.
    • A person is prosecuted for assaulting a neighbor.
    • Two cars collide. One driver sues another for hospital bills and auto repairs.
    • A group of parents sues the local school board, asking that their children’s school be desegregated.
  • 5. What do you see in each type of court?
    • Trial Court
      • Witnesses
      • Lawyers
      • Judge
      • Jury
    • Adversarial vs. Inquisitional Systems
      • Law and Order vs. Judge Judy
  • 5. What do you see in each type of court?
    • Appellate Courts
      • Judges – on a panel
      • Lawyers
      • No witnesses
      • No juries
      • Just about issues of law
  • 5. What do you see in each type of court?
    • Supreme Court
      • Nine Justices – appointed for life
      • Lawyers
      • No witnesses or juries
      • Has to be a constitutional issue
      • Don’t have to hear every case – writ of certiorari