Introduction to American Law
Class 1: January 25, 2016
• Instructor: Chris Taggart
• [email protected]
Three Branches of
Government (Federal Level)
Art. I
Congress
“U.S.C.”
Art. II
Fed. Agencies
“C.F.R.”
Art. III
Federal
Legislative Branch
Executive Branch
Judicial Branch
Congress (Senate, House)
1. President
1. U.S. Supreme Court
(SCOTUS)
2. Agencies
(FBI, DOJ, EPA)
2. Federal Courts of Appeals
3. Federal District Courts
State
Legislative Branch
Executive Branch
Judicial Branch
State Legislature (Senate,
House)
1. Governor
1. State Supreme Court
2. Agencies
(Police, Prosecutors,
Regulators)
2. State Court of Appeals
3. State Trial Courts
Sources of Law (Hierarchy
Within an American Jurisdiction)
1. Constitution
2. Statutes
3. Regulations
4. Common law
Sources of Law
1. Constitution
2. Statutes, Rules,
Treaties
3. Regulations
4. Common law
★ Judicial opinions
(“cases”)
Rules Enabling Act (1934)
28 U.S.C. §§ 2071–2077
2071(a) “The Supreme Court and all
courts established by Act of Congress may
from time to time prescribe rules for the
conduct of their business. Such rules shall
be consistent with Acts of Congress . . . .”
2072(a) “The Supreme Court shall have
the power to prescribe general rules of
practice and procedure and rules of evidence
for cases in the United States district courts
. . . and courts of appeals.”
Sets of Federal Court Rules
• F. R. Civ. P. (1938)
• F. R. Crim. P. (1946)
• F. R. App. P. (1968)
• F. R. E. (1975)
Burnham, p. 39
Treaties
Article II, Section 2:
“[The President] shall have
Power, by and with the Advice
and Consent of the Senate, to
make Treaties, provided two
thirds of the Senators present
concur.”
Treaties – Burnham pp. 38–39
Sources of Law
1. Constitution
2. Statutes, Rules,
Treaties
3. Regulations
4. Common law
★ Judicial opinions
(“cases”)
Supremacy Clause of the U.S.
Constitution
Supremacy Clause of the
Constitution of the United States
• Article VI, Clause 2: “This Constitution,
and the Laws of the United States
which shall be made in Pursuance
thereof . . . shall be the supreme Law
of the Land; and the Judges in every
State shall be bound thereby, any Thing
in the Constitution or Laws of any State
to the Contrary notwithstanding.”
Federal
Legislative Branch
Executive Branch
Judicial Branch
Congress (Senate, House)
1. President
1. U.S. Supreme Court
(SCOTUS)
2. Agencies
(FBI, DOJ, EPA)
2. Federal Courts of Appeals
3. Federal District Courts
State
Legislative Branch
Executive Branch
Judicial Branch
State Legislature (Senate,
House)
1. Governor
1. State Supreme Court
2. Agencies
(Police, Prosecutors,
Regulators)
2. State Court of Appeals
3. State Trial Courts
American Judicial Systems
U.S. Supreme Court
SCOTUS
Court of Appeals
Supreme Court
Federal Circuit Court
of Appeals
Supreme Court,
Appellate Division
Court of Appeal
Federal District Court
Supreme Court
Superior Court
New York
California
Federal
American Judicial Systems
Federal issues
only
U.S. Supreme Court
SCOTUS
Court of Appeals
Supreme Court
Federal Circuit Court
of Appeals
Supreme Court,
Appellate Division
Court of Appeal
Federal District Court
Supreme Court
Superior Court
New York
California
Federal
To further elaborate the federal hierarchy . . .
SCOTUS
Only One!
Federal Circuit Courts of
Appeals
13 of them
Federal District Courts: Examples
94 of them
Judicial Opinions –
Authorities in Two Senses
1. Being an ultimate source of
legal norms, rules, or
principles (common law)
2. Interpreting and applying legal
norms, thereby clarifying their
applicability and scope (e.g.,
interpret a statutory provision)
Stare Decisis
“stare decisis et non
quieta movere”
“to stand by things
decided, and not to
disturb settled points”
Black’s Law Dictionary (7th ed.)
Why Precedential Authority?
Challenge: “[I]t is revolting
to have no better reason for
a rule of law than that it was
laid down in the time of
Henry IV. It is still more
revolting if the grounds
upon which it was laid down
have vanished long since,
and the rule simply persists
through blind imitation of
the past.”
--Oliver Wendell Holmes, Jr.
Why Precedential Authority?
Rule of Law and Other Values
Why Precedential Authority?
Rule of Law and Other Values
•
•
•
•
Predictability
Fairness
Judicial efficiency/economy
Legitimacy
“Treat (relevantly!) similar
cases similarly.”