Exam 1 09 19 2012 Constitutional Law o No other laws can override or undermine these laws o Unconstitutional o Same is true with state constitutions o Purposes Plan for establishing and organizing government Outlines duties responsibilities and powers of all entitles of government 3 branches Guarantees certain basic rights of citizens First Amendment Includes 5 rights o Provides baselines United States Constitution States can give more rights than U S Constitution but cannot take away any basic U S Constitution rights Statutory Law o Created by legislative bodies State legislatures city councils o Affects large groups of people o Attempts to anticipate problems before conflicts arise o Often not well drafted and do not provide for rule in all circumstances Rules created first then problems created after fix it o Deductive System of Law o Common law is inductive Problems then rules minors o Ex It is illegal to distribute a violent video game to Distribute Violent Minors All three words have many different meanings They need to be specified Courts must interpret the statute o Statutory Construction Poorly drafted statue Judge fills in specifications for law o Statues affecting the First Amendment right are often declared unconstitutional on two grounds Void for Vagueness Not specific enough Content and Language Common people must understand language specifics Overbreadth Creating one statute to prevent more than one law Cannot make statues too broad Common Law o Comes from England o Common uniform across nation o Distinguishes from ecclesiastical church law o Also known as judge made law Rules are created by judges o Inductive System of Law A system in which judges constantly look to the past to see how similar cases were decided they then decide current cases based on how it was decided in the past This is why precedent is important Precedent Previous decision is the basis for future cases o Role of Precedent Provides predictability and consistency Courts always look at cases in the past All people should be treated the same Fosters judicial legitimacy Judges are being fair o Stare decisis Let the decision stand o Two kinds of precedent Binding Controlling Has to follow precedent Persuasive Can look to previous decision and can decide to abide or not o Four opinions for dealing with precedent Accepting Follow Modify Update Distinguish May not apply to certain precedent Overrule Lawrence vs Taylor Repealed Bowers vs Hardwick Anti sodmy Equity Law o Also judge made o Permits a judge to fashion a solution to the unique problems or circumstances of the case lets judges be fair o Used when common law is too rigid or not applicable o Temporary restraining orders or preliminary injunctions Gag orders o Permanent injunctions Even after alliteration is over Both very difficult to obtain Need to have a threat of direct or immediate or irreparable harm for which damages money will not be enough Can be preventative or remedial Prevents from beginning of doing something Prevents from ever doing again in future if already done Administrative Law o Executive Orders Legal orders declared by the executive officers of localities mayor states governor or the president Powers defined by the Constitution state constitution Are like laws as long as executive has been given city charter ect authority Authority can be challenged and ruled unconstitutional by legislative or court o Administrative Rules Rulings or regulations adopted by an agency which has been tasked by Congress or state legislature with handling some specific area of regulation Ex Federal agencies Florida Department of Environmental Protection Florida Department of Transportation Power of agencies is outlined in a specific statute or law and the agencies cannot exceed that authority Challenging agency actions Seek review of agency decision within agency Executive courts not part of judicial Challenge action or rule in court common law A court s power to overturn agency action is itself limited to If the original act that established the agency is unconstitutional If the agency exceeded authority If the agency violates own rules If there is no evidentiary basis to support the ruling U S Judicial System and Courts 52 judicial systems o 1 federal court o 1 for D C o 1 for each state o each system is unique Two types of courts in each system o Trial courts o Appellate courts Trial Courts o Courts where a case begins o Fact finding responsibility Judge and or jury must determine what actually happened through evidence witnesses and then review and create which side is more credible o Juries Weight disputed evidence and try to determine what actually happened in a given case o A factual record is created that follows the case for the o Judge determines the law that applies precedent common In jury case judge decides law and jury decides the No jury judge decides both duration law statute facts Ultimately the trial judge court determines final law and decision o Reason decision based on applicable facts Ex liable suit between newspaper and hospital What facts will be presented What evidence witnesses Judge decides what laws come into place Judge decides what evidence can be presented or kept confidential o The loser may appeal to appellate court Appellate Courts o No juries only panels of judges 7 chairs in Florida range from 3 7 9 or 11 o Law reviewing courts Don t review old facts just review law that was appealed o No witnesses no evidence deference to the trial courts to case factual findings o Record is literally bound volumes of the pleadings and papers filed in the trial court and the transcripts of the proceedings Court reported submits papers to appellate court o Review record and determine what legal rule should have applied and whether the trial court reached the right result based on the facts as determined by the trial court o Review procedural rulings of the court Evidence witnesses Send back down Federal Courts 52 judicial systems Congress maintains control over all federal courts except the Supreme Court o Stated in the Constitution o Congress can abolish all courts but the Supreme Court Federal Court Jurisdiction o Power or authority of the court to hear a certain type of case o Types of cases specifically outlined in the Constitution Subject Matter Jurisdiction Cases arising under federal law or constitution Cases where U S is a party Ex criminal violates a federal statute U S is the plaintiff Cases involving people from two
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