The document provides an overview of the American legal system, including the various sources of law such as the U.S. and state constitutions, statutory law from Congress and state legislatures, and administrative law. It discusses criminal and civil law, with criminal law involving offenses against society and civil law concerning offenses against individuals. Examples like obscenity, copyright infringement, and invasion of privacy are categorized. The types of civil law including contracts and torts are outlined. The document also describes the various court systems and jurisdictions in the U.S., and provides details on the U.S. Supreme Court and appeals process.

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 State Supreme Courts U.S. Supreme Court State Appeals Courts U.S. Appeals Courts U.S. District Courts State District 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 (2011)

21. U.S. Supreme Court John Roberts, 56Chief Justice Antonin Scalia, 75 AnthonyKennedy, 75 ClarenceThomas, 63 Ruth BadeGinsburg, 78 Stephen Breyer, 73 Samuel Alito, 61 SoniaSotomayor, 57 Elena Kagan, 51

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