Constitutional Rights of Prisoners Chapter 1 An Overview of the Judicial System

1. Constitutional Rights of Prisoners Chapter 1 An Overview of the Judicial System

2. Sources of Law • federal and state constitutions • federal and state statutes • common law, and case law • The Constitution protects the balance of power between states and divides power among the three branches of government/ The vast majority of law arises at the State statutory level. • Federal law has grown substantially over the past few decades.

3. Sources of Law • American common law • derived from English common law Common law formed the basis for current statutory law.

4. Equity as Part of Common Law • Distinction between law and equity • Law courts provide relief through awards of damages • When remedy at law is inadequate, then equitable relief • Equity has power of injunctions, and contempt for failure to follow court order Equity plays a substantial role in prison litigation cases.

5. Role of Case Law • Courts cite previous decisions to support new decision (precedent) • Stare decisis - “let the decision stand” • Factual similarity of cases; distinguishing cases • Case law is binding on the court that rendered the decision and all courts in that jurisdiction that are inferior to that court. • Overruling prior precedent based upon a change in public policy or cultural conditions.

6. American Court Structure • Federal and state systems • State court systems • Federal court system The two systems are similar in structure and function. • However, the jurisdiction of the systems differ greatly.

7. American Court Structure • State court systems • Courts of limited jurisdiction • Courts of general jurisdiction • Appellate courts • Intermediate and courts of last resort

8. American Court Structure • Federal court system • U. S. District Courts • U. S. Circuit Courts of Appeal • U. S. Supreme Court Idaho is a member of the 9th Circuit Court of Appeals.

9. Federal Court Structure • Federal courts are limited jurisdiction courts: only hear cases that specifically fall within constitutional limits. • matters arising under the Constitution • federal laws or treaties • affecting ambassadors, public ministers and consuls • disputes between a state and a citizen of another state • diversity jurisdiction (plaintiff and defendant) • disputes between a state and a foreign country

10. Federal Court Jurisdiction • U.S. district courts (94 in nation) • Pocatello and Boise • U.S. District Court is the trial court • U.S. Circuit Courts of Appeal (13 circuits-Idaho in the 9th Circuit)

11. The Trial Parties are entitled: • Speedy and public trial (6th Amendment • Trial by jury (7th Amendment)

12. The Trial: Pleadings • Complaint • Answer or Motion to Dismiss

13. Discovery • Depositions • Interrogatories • Requests for admissions

14. Pre-Trial Motions • Motion for summary judgment

15. Trial • Jury selection • Order of proof • Evidence • Testimony • Documents • Physical evidence • Expert witnesses

16. Trial • Defense motion for directed verdict

17. Jury Instructions • Pattern instructions • Role of judge and jury • Burden of proof • Applicable law • Special instructions

18. Burden of Proof • Criminal cases: beyond a reasonable doubt • Civil: by a preponderance of the evidence • Some equity cases: clear and convincing evidence

19. Verdict • General verdict • Verdict on interrogatories • Judgment

20. Appeal • Appeal on questions of law, not questions of fact • Appeal from final order, but interlocutory appeal sometimes allowed • Right to appeal • Automatic right to one appeal • Subsequent appeals are discretionary with the higher appellate court

21. Anatomy of an Appellate Case • Published decisions • State appellate court decisions • Federal trial and appellate court decisions

22. Anatomy of an Appellate Case • Decision includes the opinion of the court • Based upon majority of the judges on the panel • Concurring opinions • Dissenting opinions

23. Publication of Cases • State reports published in volumes (consecutively numbered) • West Publishing Co. National Reporter System • Missouri published in West Southwest Reports • Federal reports • Supreme Court Reports (Supreme Court) • Federal Reporter (Circuit Courts of Appeal • Federal Supplement (District Courts)

24. Citations • Cooper v. Pate, 382 F.2d 518 (7th Cir. 1964) • Cooper (appellant) • Pate (appellee) • 382 (Volume number) • F.2d (Report system) • 518 (first page of case) • 7th Cir. (Court issuing opinion: 7th Circuit Court of Appeals • 1964: (Year of decision)

25. Citations • Graham v. Connor, 490 U.S. 386 (1989) U.S. in citation indicates a United States Supreme Court (SCOTUS) decision

26. Briefing Cases • History • Facts • Issue • Holding / Rationale