The American legal system draws from several sources of law - constitutional law based on the U.S. and state constitutions, statutory law from legislatures, and administrative law from government agencies. Criminal law involves offenses against society, while civil law involves offenses against individuals. The court system is hierarchical, with the U.S. Supreme Court at the top and able to take cases through a writ of certiorari. Lower courts examine jurisdiction, geography, and subject matter in hearings.

1. The American legal system
An overview

2. Sources of law
• Constitutional law
– U.S. Constitution
– State constitutions
• May grant more rights than the U.S.
Constitution, but not fewer
• Same-sex marriage in Massachusetts
– Judicial review

3. Sources of law
• Constitutional law
• Statutory law
– Congress
– State legislatures
– Local authorities

4. Sources of law
• Constitutional law
• Statutory law
• Administrative law
– Federal Communications Commission

5. Criminal and civil law
• Criminal = offense against society

6. Criminal and civil law
• Criminal = offense against society
• Civil = offense against individual(s)

7. Criminal and civil law
• Criminal = offense against society
• Civil = offense against individual(s)
• How would you categorize:
– Obscenity?

8. Criminal and civil law
• Criminal = offense against society
• Civil = offense against individual(s)
• How would you categorize:
– Obscenity?
– Copyright infringement?

9. Criminal and civil law
• Criminal = offense against society
• Civil = offense against individual(s)
• How would you categorize:
– Obscenity?
– Copyright infringement?
– Reporting on the movement of troops in
time of war?

10. Criminal and civil law
• Criminal = offense against society
• Civil = offense against individual(s)
• How would you categorize:
– Obscenity?
– Copyright infringement?
– Reporting on the movement of troops in
time of war?
– Invasion of privacy?

11. Types of civil law
• Contracts

12. Types of civil law
• Contracts
• Torts

13. Types of civil law
• Contracts
• Torts
– Common media torts:
• Libel
• Invasion of privacy
• Copyright infringement

14. Court systems
U.S. Supreme State Supreme
Court Courts
U.S. Appeals State Appeals
Courts Courts
U.S. District State District
Courts Courts

16. U.S. Supreme Court
• Final word on U.S. Constitution

17. U.S. Supreme Court
• Final word on U.S. Constitution
• Takes cases through a writ of certiorari
— “granting cert”

18. U.S. Supreme Court
• Final word on U.S. Constitution
• Takes cases through a writ of certiorari
— “granting cert”
• Only four of the nine justices are
needed to grant cert

19. U.S. Supreme Court
• Final word on U.S. Constitution
• Takes cases through a writ of certiorari
— “granting cert”
• Only four of the nine justices are
needed to grant cert
• Chief justice is also administrative head
of federal court system

20. U.S. Supreme Court (2006)

21. U.S. Supreme Court
• John Roberts, 53 • Clarence
Chief Justice Thomas, 60
• John Paul • Ruth Bader
Stevens, 88 Ginsburg, 75
• Antonin Scalia, 72 • Stephen Breyer, 70
• Anthony • Samuel Alito, 58
Kennedy, 72 • Sonia
Sotomayor, 55

22. Jurisdiction
• Geographic
– Libel cases usually handled at state level
– What if the parties are in different states?

23. Jurisdiction
• Geographic
• Subject matter
– Copyright always handled at federal level
– Obscenity can be handled at state or
federal level

24. Jurisdiction
• Geographic
• Subject matter
• Internet
– Cybersell of Florida and Arizona
– Yahoo! and French law
– “Libel tourism”

25. The appeals process
• “Justiciable controversy”
– Courts cannot rule on cases that are not
before them
– An exception: the Massachusetts Supreme
Judicial Court issues “advisory opinions”

26. The appeals process
• “Justiciable controversy”
• Appeals courts do not retry cases
– Was the law correctly applied?
– Is the law constitutional?
– Rulings are decided on narrow grounds,
and cases are usually sent back to lower
court

27. The appeals process
• “Justiciable controversy”
• Appeals courts do not retry cases
• Judges must follow precedent
– Relevant higher-court ruling prevails
– Ruling from another district can be a guide
– State and federal judges must consider
each other’s rulings
– Doctrine of stare decisis