Law and Justice

1. Law and Justice CJUS/POLS 110 Introduction

2. 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

3. (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

4. (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

5. (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.”

6. 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

7. (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

8. (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

9. (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

10. (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

11. 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

12. (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

13. (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

14. - 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

15. (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

16. - 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

17. - 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

18. - 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

19. 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

20. - 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

21. - 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

22. (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

23. - 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

24. US Supreme Court Justices Chief Justice John Roberts Associate Justices Samuel Alito Stephen Breyer Ruth Bader Ginsburg Elena Kagan Anthony Kennedy Antonin Scalia Sonia Sotomayor Clarence Thomas