Constitutional LawNo other laws can override or undermine these lawsUnconstitutionalSame is true with state constitutionsPurposes:Plan for establishing and organizing governmentOutlines duties, responsibilities, and powers of all entitles of government.3 branchesGuarantees certain basic rights of citizensFirst AmendmentIncludes 5 rightsProvides baselines (United States Constitution)States can give more rights than U.S. Constitution but cannot take away any basic U.S. Constitution rightsStatutory LawCreated by legislative bodiesState legislatures, city councilsAffects large groups of peopleAttempts to anticipate problems before conflicts ariseOften not well drafted and do not provide for rule in all circumstancesDeductive System of LawRules created first then problems created; after fix itCommon law is inductiveProblems then rulesEx: It is illegal to distribute a violent video game to minors.DistributeViolentMinorsAll three words have many different meanings. They need to be specifiedCourts must interpret the statuteStatutory ConstructionPoorly drafted statueJudge fills in specifications for lawStatues affecting the First Amendment right are often declared unconstitutional on two groundsVoid for VaguenessNot specific enoughContent and LanguageCommon people must understand language specificsOverbreadthCreating one statute to prevent more than one lawCannot make statues too broadCommon LawComes from England“Common” = uniform across nationDistinguishes from ecclesiastical (church) lawAlso known as judge-made lawRules are created by judgesInductive System of LawA 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 pastThis is why precedent is importantPrecedentPrevious decision is the basis for future casesRole of PrecedentProvides predictability and consistencyCourts always look at cases in the pastAll people should be treated the sameFosters judicial legitimacyJudges are being fairStare decisis“Let the decision stand”Two kinds of precedentBinding/ControllingHas to follow precedentPersuasiveCan look to previous decision and can decide to abide or notFour opinions for dealing with precedentAccepting/FollowModify/UpdateDistinguishMay not apply to certain precedentOverruleLawrence vs. TaylorRepealed Bowers vs. HardwickAnti-sodmyEquity LawAlso judge madePermits a judge to fashion a solution to the unique problems or circumstances of the case; lets judges be fairUsed when common law is too rigid or not applicableTemporary restraining orders or preliminary injunctionsGag ordersPermanent injunctionsEven after alliteration is overBoth very difficult to obtainNeed to have a threat of direct or immediate or irreparable harm for which damages (money) will not be enoughCan be preventative or remedialPrevents from beginning of doing somethingPrevents from ever doing again in future if already doneAdministrative LawExecutive OrdersLegal orders declared by the executive officers of localities (mayor), states (governor), or the presidentPowers defined by the Constitution, state constitution, city charter ect.Are like laws as long as executive has been given authorityAuthority can be challenged and ruled unconstitutional by legislative or courtAdministrative RulesRulings or regulations adopted by an agency, which has been tasked by Congress (or state legislature) with handling some specific area of regulationEx: Federal agencies, Florida Department of Environmental Protection, Florida Department of TransportationPower of agencies is outlined in a specific statute or law and the agencies cannot exceed that authorityChallenging agency actionsSeek review of agency decision within agency itselfExecutive courts (not part of judicial)Challenge action or rule in court (common law)A court’s power to overturn agency action is limited toIf the original act that established the agency is unconstitutionalIf the agency exceeded authorityIf the agency violates own rulesIf there is no evidentiary basis to support the rulingU.S. Judicial System and Courts52 judicial systems1 federal court1 for D.C.1 for each stateeach system is uniqueTwo types of courts in each systemTrial courtsAppellate courtsTrial CourtsCourts where a case beginsFact finding responsibilityJudge and/or jury must determine what actually happened through evidence, witnesses, and then review and create which side is more credibleJuriesWeight disputed evidence and try to determine what actually happened in a given caseA factual record is created that follows the case for the durationJudge determines the law that applies (precedent, common law, statute)In jury case: judge decides law and jury decides the factsNo jury: judge decides bothUltimately the trial judge/court determines final law and decisionReason decision based on applicable factsEx: liable suit between newspaper and hospitalWhat facts will be presented?What evidence/witnesses?Judge decides what laws come into placeJudge decides what evidence can be presented or kept confidentialThe loser may appeal to appellate courtAppellate CourtsNo juries, only panels of judges7 chairs (in Florida)range from 3,7,9, or 11Law reviewing courtsDon’t review old facts just review law that was appealed to caseNo witnesses, no evidence (deference to the trial courts factual findings)Record is literally bound volumes of the pleadings and papers filed in the trial court and the transcripts of the proceedingsCourt reported submits papers to appellate courtReview 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 courtReview procedural rulings of the courtEvidence/witnessesSend back downFederal Courts52 judicial systemsCongress maintains control over all federal courts except the Supreme CourtStated in the ConstitutionCongress can abolish all courts but the Supreme CourtFederal Court JurisdictionPower or authority of the court to hear a certain type of caseTypes of cases specifically outlined in the ConstitutionSubject & Matter JurisdictionCases arising under federal law or constitutionCases where U.S. is a partyEx: criminal violates a federal statute (U.S. is the plaintiff)Cases involving people from two different statesDiversity JurisdictionDistrict Courts94 in federal systemOrganized based on districts in each stateFlorida has 3: southern, middle, and northernJust like trial courtOne judge,
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