Law and Justice
CJUS/POLS 110
Introduction
1.
Introduction
- 200 years ago = Edmund Burke
- influential British statesman
- “In no other country, perhaps, in the world,
is the law so general a study as it is in the
United States.”
a. Today, general knowledge = disappointing
- knowledge / direct experience
- with the law / courts
- at an all-time low
- 3 our of 4 = very little / nothing at all
(1) Why study law / legal issues?
- most important challenges
- society will face
(a) Newspapers / TV news
- everyday stories
- issues talking about
(b) Directly effects
- quality of life
- legal issues resolved
- effect us all
(2) Topics examined:
- right to work
- affirmative action
- drug legalization
- euthanasia
- legal ethics
- right to privacy
- free speech
- abortion rights
(3) To understand law
- first understand courts / legal process
(a) Trying to define law
- frustrating
(b) Look at basic concepts
- impact law has on all of us
(c) E. Adamson Hoebel
- legal anthropologist
- “The search for a definition of
law is as difficult as the search
for the holy grail.”
2.
Role of the courts
- functions / impact
a. Courts = wide variety of activities
- working within government / society
(1) First: Dispute resolution
- civil cases = plaintiff / defendant
(a) Plaintiff = brings the lawsuit
- defendant = party being sued
- individual / business / corporation
(b) Criminal case
- complainant / defendant
- complainant = files with police
- defendant = person charged
(c) Courts provide a forum
- resolution of disputes
- serving the public
(2) Behavior modification
- reward certain kinds of behavior
- penalize others
(a) Criminal law
- reduce certain activities
- threatening penalties
(b) Civil law
- government allows lawsuits
- discourage non-criminal acts
(3) Allocation of gains / losses
- impose penalties
- both criminal / civil cases
- penalties vary
(a) Criminal cases
- impose penalties on defendants
- monetary / imprisonment / death
(b) Civil cases
- transfer of money
- custody of children
- control of corporations
(c) Allocate gains / losses
- entire groups in society
- contract cases / accident cases
(4) Policymaking
- create / apply = authoritative rules
(a) Decisions by court
- establish new policy
- makes new law
(b) First three functions
- dominated by trial courts
(c) Fourth function
- appellate courts
b. Structure / procedures
- limited / general / appellate jurisdiction
- court of last resort
(1) Limited jurisdiction
- minor trial courts
- misdemeanor crimes
- minor civil matters
(a) Federal level
- US Magistrate’s Court
- federal crimes / lawsuits
(b) State courts
- municipal courts
-misdemeanor crimes
- minor civil lawsuits
(c) Washington state
- district court = criminal / civil
- municipal (city) court = criminal
(2) General jurisdiction
- major trial courts
- criminal / civil
(a) Federal = US District Court
- felony matters
- civil matters = over $50,000
- appeals = from state courts / US
Magistrate’s Court
(b) State courts = superior court
- felony matters
- appeals = from municipal courts /
district courts
(c) Civil matters = more numerous
- criminal = have priority
- usually within one year
- Washington = 60 / 90 days
(3) Intermediate appellate courts
(a) Federal = US Court of Appeals
- appeals from US District Courts
- criminal / civil
- decisions = impact that circuit
- 13 circuits / Washington = 9th
- San Francisco, CA
(b) State = Washington
- state court of appeals
- three circuits
- appeals from superior court
- criminal / civil
(4) Court of last resort
(a) Federal = US Supreme Court
- constitutional court
- original jurisdiction court
- Rule of Four / Writ of Certiorari
- select cases to hear
- 1,000s = select 400
- chief justice / eight associate
- nominated by president
- approved by senate
- serve for life
(b) State = Washington
- State Supreme Court
- appeals from courts of appeal
- civil / criminal
- chief justice / eight associate
- determine cases to hear
- elected / appointed
c. US Supreme Court
(1) Jurisdiction
- a state is a party
- cases between two states
- cases involving ambassadors
(2) Mandatory
- appeal from federal / state court
- held act of Congress unconstitutional
(3) Most appeals discretionary
- discretionary jurisdiction
- free to select
(4) Rule of Four
- Writ of Certiorari
- “to be informed”
(5) Important federal question raised
- freedom of speech
3.
Specialized courts
a. Federal level
- two types = judicial / legislative
- judicial = Article III of Constitution
- legislative = Article I
(1) Tax court
- judge appointed by Congress
- cases involve federal taxes
(2) Court of Federal Claims
- claims against government
(3) Court of Veterans Appeals
- matters of veteran’s benefits
(4) Court of International Trade
- trade between countries
(5) Court of Appeals for the Federal Circuit
- appeals on patent cases
(6) Foreign Intelligence Surveillance Court
- wiretaps / searches
(7) Foreign Intelligence Surveillance Court
of Review
- appeals from lower surveillance court
b. Specialized state courts
- vary in jurisdiction / title
(1) Domestic court / family court / tax court
(2) Civil court / juvenile court
(3) Washington state
- juvenile court = superior
- drug court
- traffic court
c. Into the 1960s
- US Supreme Court = liberal court
- ensured the rights of the accused
- liberal = democratic
(1) 1970s thru today
- Supreme Court = conservative court
- justices nominated by president
- republican presidents Reagan / Bush
(a) President Reagan’s legacy
- packing supreme court with
conservatives
- 3 justices
(b) Reagan = first female
(c) First African-American justice
- nominated by Lyndon Johnson
US Supreme Court Justices
Chief Justice
John Roberts
Associate Justices
Samuel Alito
Ruth Bader Ginsburg
Anthony Kennedy
Sonia Sotomayor
Stephen Breyer
Elena Kagan
Antonin Scalia
Clarence Thomas