Overview of courts

1. Overview of the Courts
Judicial Process

2. Types and Sources of Law
 Positive Law
 Natural Law
 Locke – Life, Liberty, Property
 Sources of Positive Law
 Constitutions
 Describes the process by which government will proceed
 Statutory Law
 Laws passed by legislatures
 Rules or regulations (administrative law)
 Executive Orders
 What about court decisions?
 Common Law

3. Categories of Positive Law
 Public versus Private Law
 Private – rights and obligations that private
individuals and institutions have when they relate
to one another
 Public – addresses the relationship that
individuals and institutions have with the state as
a sovereign entity.
 Preserve and protect citizens within its jurisdiction
 Obligations that citizens have to the government
 Obligations the government has to its citizens
 Subcategories
 Administrative Law
 Constitutional Law

4. Categories of Positive Law
 Criminal Law – prohibits certain conduct
and threatens punishment for the
prohibited conduct.
 Civil Law – deals with disagreements
between individuals.
 Tort
 Contract
 Property

5. Courts as Institutions
 What is an institution?
 A structure and mechanism of social order
 How do courts fit into this?
 Composed of trial and appellate courts
 Courts vary in their characteristics
depending on the type of court
 Shared traits with other institutions

6. Functions of Courts
 Dispute Resolution
 Behavior modification
 Reward for some behaviors
 Punishment for some behaviors
 Allocation of Gains and Losses
 Policymaking

7. Impact of Courts
 Trial Courts
 Appellate Courts
 Limits on Court Impact
 Non-compliance
 Lack of enforcement power

8. Explaining Court Processes and
Outcomes
 The Legal Model
 Values: predictability, stability, reliability, efficiency,
equality
 Methods
 Textualism (Plain Meaning)
Originalism
 Intent
 Attitudinal Model
 Rational Choice Models
 Strategic Model
 Environmental Perspective (Separation of Powers)

9. Questions for Discussion
 Which perspective (legal, attitudinal, rat.
Choice) do you think most accurately
represents court decision making?
 Why are each of these perspectives
important in terms of judicial review in a
democracy?
 What is judicial review?