The document provides an overview of the U.S. legal system, beginning with the origins of common law in medieval England and continuing through the major sources of American law including the U.S. Constitution, federal and state statutes, administrative regulations, and court precedents. It discusses both civil and criminal legal procedures and jurisdictions.
1. THE U.S. LEGAL
SYSTEM
Miriam A. Smith
Broadcast and Electronic
Communication Arts Department
San Francisco State University
2/27/2013
2. WHAT IS THE LAW?
A set of rules, promulgated by
government agencies with authority to
do so, that attempt to guide conduct,
and subsequently provide sanctions
when the rules are violated.
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3. LAW
The discipline and profession
concerned with the customs,
practices, and rules of conduct of a
community that are recognized as
binding by the community.
Enforcement of the body of rules is
through a controlling authority.
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4. Where does U.S. law come from?
Medieval England
U.S. Constitution -- constitutional law
Congress -- statutory law
Government Agencies -- administrative law
Courts -- modern case law
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7. COMMON LAW
The body of customary
law, based upon judicial
decisions and embodied
in reports of decided
cases
Encyclopedia Britannica Online
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8. equity law
remedy at law was insufficient
(damages or return property)
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10. U.S. Constitution
supreme law of the land
standard by which all actions of
government are measured
Constitution -- 1787
Bill of Rights -- 1791
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12. Bill of Rights = First 10 Amendments
First Amendment -- freedom of expression
Sixth Amendment -- speedy and fair trial
Fourteenth Amendment -- equal rights
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15. To become a statute . . .
bill introduced in House
if passed, transmitted to Senate
Senate may pass, reject or amend
Senate amendments considered by House
if passed by House and Senate -- must be
approved by President
if President vetoes, need 2/3rds vote to
override veto
I'm Just a Bill
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16. Statutes . . .
Are implemented through rule
making of relevant government
agency
May be challenged in court -- on
grounds do not meet requirements
of constitution
vague
overbroad
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17.
18. Administrative Law
regulations
established by independent regulatory
agencies
Federal Communications Commission (FCC)
Federal Trade Commission (FTC)
implement legislation (Acts of Congress)
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22. U.S. Supreme Court
original jurisdiction
Ambassadors, state is a party
appellate jurisdiction
direct appeal -- ruled federal law unconstitutional
writ of certiorari -- important legal question
certification -- lower courts ask questions, very
rare
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25. Criminal Law
government prosecutes accused
individuals on behalf of the people
purpose is to impose punishment
punishment includes fines or
imprisonment
highest standard of proof (burden of
proof)
beyond a reasonable doubt
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26. Civil Law
essentially private law
harmed individuals or entities (companies,
government) can sue those who do harm
seek redress of wrongs
burden of proof
clear and convincing
preponderance of the evidence
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29. Types of Civil Law
Contract Law
Tort Law
Copyright Law
Intellectual Property Law
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30. Contract
legally binding mutual promises to perform in a
certain way under certain circumstances
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31. Contract Law
way of enforcing promises
agreements to broadcast ad
production agreements
offer, acceptance, consideration
breach of contract
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32. Tort Law
injury to person, thing or relationship
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33. Tort Law
libel and slander
invasion of privacy
infliction of emotional distress
must prove negligence, gross negligence,
malice, or strict liability
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34. Copyright Law
rights created by Copyright Act
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35. Copyright Act
five exclusive rights
can act against anyone who violates any of the
five exclusive rights
exception for “fair use”
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40. Federal Courts
U.S. District Court -- trial courts
U.S. Circuit Courts -- appellate courts
U.S. Supreme Court -- the court of last resort
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50. Injunctions
Inadequate remedy exists at law
Irreparable harm
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51. Summary Judgment
material facts are not controverted
entitled to prevail as a matter of law
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52. In a jury trial . . .
Jury -- determines questions of fact
Judge -- determines questions of law
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53. Legal Citation
last names of parties
Kramer v. Kramer
name of case is underlined or italicized
volume reporter page (year court)
283 U.S. 697 (1931)
Near v. Minnesota
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