Presentation Transcript

1. Advanced Legal English403

   The American Legal System Part III Dr Myra Williamson Assistant Professor of Law KiLAW Fall 2012
2. Where are we at? Federalism  The powers of federal and state governments The Federal Government and the Legal System State Government and the Legal System
3. The Federal Government and the Legal System The federal government consists of three branches: The executive branch The legislative branch The judicial branch Each branch plays an important role in the US legal system We looked at the idea of separation of powers in theory earlier year In the US, there is a clear separation of powers because no individuals serve in more than one branch of government Each branch of government is clearly defined in the US Constitution There is a system of ‘checks and balances’ as each branch balances the power held by the others
4. The Executive Branch This is the President and the President’s Cabinet President’s Cabinet = Vice President + heads of 15 executive departments (for example, the Secretaries of Defense, Agriculture, Education, Health, Security…). It advises the President on matters that he needs to know about in each member’s area/portfolio The President can serve only two terms – of 4 years each The President is elected by The Electoral College The Executive Branch of government includes law enforcement and police agencies The primary responsibility of the Executive branch of government = the execution and enforcement of laws More information is available at: www.whitehouse.gov See the diagram on the handout
5. The Executive Branch continued… The President’s Cabinet – the President at his Cabinet, June 2009, at the White House:
6. The Legislative Branch Consists of the House of Representative and the Senate (see diagram) People who are in the House of Representatives are called “representatives” or “congressmen” People who are in the Senate are called “senators” Both are elected directly by the citizens in elections House of Rep’s = 2 year terms Senate = 6 year term Primary responsibility = to make laws The laws are called “statutes” or “codes” – they start out as a bill and end up as a statute Note: there is no limit on how long individuals can serve – if they keep getting re-elected, they can keep serving Almost all representatives and senators are from either the Republican or Democrat political parties
7. Revision What are the three branches of government called? What does the Legislature and the Executive consist of? What does the “Congress” consist of? Does the US have a “bicameral legislature”? How similar/different is it from the UK? Could you draw a diagram of the US system of government? Next… the judicial branch
8. The Judicial Branch The US Constitution provides for the establishment of a Supreme Court and such inferior courts as Congress may establish (see Article III, Section 1 of the US Constitution) The federal court structure has 3 levels: Trial Courts (mainly District Courts, some specialist courts too) Appellate Courts (US Courts of Appeal) One Supreme Court See diagram on following slide
9. Hierarchy of courts in the US federal legal system
10. Federal District Courts Congress divided the US into 90 separate districts – it has established federal district courts for each district Many states have more than one district They are referred to by the geographical area they serve. For example, the US District Court for the Northern District of California District courts are courts of original jurisdiction (that means, they are trial courts) Original jurisdiction = the power to first hear a case – it is where the trial takes place Most federal cases begin in a district court Purpose: their purpose is to resolve disputes between parties That process is called a trial. Trial = an open-court process where all parties present their evidence and put their case to the court Continued on next slide…
11. Federal District Courts continued… If there’s a jury, it will be responsible for resolving questions of fact (ie. resolving disputes over factual matters) If there’s no jury, the judge will determine these issues The trier of fact is the one who determines the true facts (could be a judge or a jury) Federal District Courts can only hear cases which are within the federal jurisdiction
12. Special Trial Courts Some kinds of federal cases are heard in specialized trial courts, not the district courts For example, Bankruptcy courts – handle bankruptcy cases US Claims Court – hears cases against federal government for damages in numerous civil matters US Tax Court – handles cases between taxpayers and the Internal Revenue Service re underpayment of federal taxes
13. Federal Appellate Courts There are 13 courts at this level: 12 geographical areas (called circuits) and one special appellate court Cases in the courts of appeals (appellate courts) are heard by a panel of 3 judges – it decides by majority vote Sometimes all the judges assigned to that circuit sit together, at the same time (sitting en banc = the entire panel of judges on a court sit together) What is the function of federal appellate courts? The Appellate courts are courts of appeals from the lower courts Appellate jurisdiction = the power of a court to review what happened in a lower court In most cases, both parties have the right to appeal from the lower court to the appellate court
14. Federal Appellate Courts continued… Purpose: to guarantee that parties receive a fair trial (but they don’t review the case to see if they agree with the decision – they only check to see that parties received a fair trial) Usually, both sides have the right to appeal but in criminal trials where the verdict is not-guilty the prosecutor cannot appeal that decision (because of the double jeopardy rule which means that no one can be tried twice for the same crime)
15. Federal AppellateCourts: the process When a case is appealed, transcripts of the lower court trial are prepared Sometimes these transcripts are called the record The lawyers submit appellate briefs - documents that explain the basis for appeal Appellate court looks at the record to check for any legal errors e.g. admitting evidence that shouldn’t been admitted, improper instructions to the jury Jury instruction = statements of law, read by the judge to the jury at the end of a trial
16. Federal AppellateCourts: Possible outcomes Affirm = uphold the trial court’s decision Reverse = change the trial court’s decision Remand = send the case back to the trial court for a retrial with instructions regarding the procedure to be followed.
17. Quick question… Can the appellate courts re-try (or re-hear) the case? A. No, they cannot retry the case. All they can do is review what happened at the trial and make sure that the parties received a fair trial. Reversals only occur when a substantial error has occurred – most appeals result in the trial decision being affirmed.
18. The US Supreme Court US Supreme Court is the highest court in the US legal system Located in Washington D.C. – established 1789 Consists of 9 judges Authorized by the US Constitution (Art III, Sect. 1) Usually, all 9 judges sit at the same time to hear a case together Each one has a vote; cases are decided by majority vote
19. The US Supreme Court
20. The Supreme Court: what does it do? It hears cases from the lower federal courts It can also hear cases that originated in the state courts if it involves a constitutional issue or a question of federal law If the issue involves only state law then the Supreme Court has no jurisdiction
21. The Supreme Court: does it hear all cases? No, it cannot hear every case Parties who want a hearing before the Supreme Court file a document called a petition for writ of certiorari A petition for writ of certiorari = a document that requests a hearing before the Supreme Court Judges vote on whether to grant the petition (at least 4 judges vote on this)
22. The Supreme Court: the decision If it grants the petition, then it will hear the merits of the case If it doesn’t grant the petition, then the decision of the lower court will stand It usually does NOT grant the petition: only about 1% of petitions are granted Voting on the decision is done by majority The decisions of the Supreme Court are binding on all lower courts Decisions of the Supreme Court are FINAL
23. The US Supreme Court Justices
24. The members of the US Supreme Court They are appointed by the President with the advice and consent of the Senate There is one Chief Justice and eight associate justices They serve during good behaviour which usually means for life (i.e. they serve until they die, retire, or very rarely are impeached) Each President usually gets to appoint one or more (usually, on average, 2) The 11 U.S. presidents since World War II have appointed 28 Supreme Court members. Republicans 17, Democrats 11. The current court: Chief JusticeYear AppointedPresident John G. Roberts Jr. 2005(CJ) Bush(CJ) Associate JusticesYear AppointedPresident Antonin Scalia 1986 Reagan Anthony M. Kennedy 1988 Reagan Clarence Thomas 1991 George H.W. Bush Ruth Bader Ginsburg 1993 Clinton Stephen G. Breyer 1994 Clinton Samuel A. Alito Jr. 2006 G.W.Bush Sonia Sotomayor 2009 Obama Elena Kagan 2010 Obama
25. The Supreme Court’s jurisdiction Primarily, it’s a court of appeal It has the power of judicial review – which means that it has the power to declare laws invalid if they violate the Constitution It has the power to declare federal law It has original jurisdiction in a few rare cases (Art III, Section 2 US Constitution): In all cases affecting ambassadors, public ministers and consuls Those cases in which a state is a party
26. State Courts – a brief word… State court systems are organized according to state law The various state courts resemble (copy) the federal system All states have trial courts and appeal courts Some states have three tiers (ie levels) - others have two tiers The function of each is similar to the federal courts
27. Discussion point: juries What’s a jury? Where did the idea of jury trials come from? What are the advantages and disadvantages of juries?
28. Conclusion There is a clear separation of powers in the US system We have looked at the system of government as well as the legal system (broadly) Further reading: Supreme Court: http://www.supremecourt.gov/ All federal courts: www.uscourts.gov