Ch 1: The Rule of Law

Topic Overview
The U.S. Court System consists of multiple levels, each with its own jurisdiction and unique function. Both state and federal systems have trial and appellate courts. Trial courts being where cases are tried in the first place, consisting of a jury deciding guilty/not guilty. Appellate courts are the next part of the judicial system, tasked with reviewing the trial courts' performance and process, examining if it was a fair, just trial. Cases go to appellate courts only if a party involved in the case wishes to further dispute the trial courts' decision. Unlike trial courts appellate courts consist only of a judge, lawyers, and brief arguments. Both the federal and state system have two levels of appellate courts, a mid level court and supreme court. In order for the supreme court to take on a case, four of the justices must agree to do so (The Rule of Four). Choosing not to means that the lower level intermediate courts' decision stands. 

The U.S. Supreme Court is tasked with judicial review, making the final decision on the constitutionality of government and state laws. This serves to examine whether laws conform to the constitution's principles. The justices of the Supreme Court vary in their approach to the interpretation of the constitution. 

Laws originate from six sources: constitutions, statutes, equity laws, common laws, administrative laws, and executive orders. Constitutions both at the state and federal level serve to allocate government authority and provide structure for the government. Equity law is created by judges, applying broad principles of ethics and fairness. Common law is also judge made, consisting of rules and precedent developed through tradition and precedent. Administrative law originates from administrative agencies following executive instruction. Lastly, executive orders carrying the force of a law are signed into existence by the heads of executive branches, such as the President. 

There are two categories of lawsuits, civil and criminal. Criminal cases involve the government v. person, whereas civil cases involves a plaintiff v. defendant, on the basis of tort law (harm done from one to another). 

Defining Key Terms
Precedent: To follow precedent is to follow the rulings of previously decided cases with facts similar to the case at hand. 

De novo: "New" or "new again". In rare instances courts of appeal make findings of fact or receive new evidence in the case, consequently reviewing the case de novo.

Remand: Courts of appeal sending back a case to the lower courts for further review. Appellate courts remand cases in instances in which they believe the lower court did not fully explore or develop the issue. 

Political Questions: Questions courts do not review as they fall out of judicial jurisdiction and should be handled by a different branch. 

Important Cases
Marbury v. Madison (1803): The case in which the Supreme Court established its power of judicial review. 

Citizens United v. FEC (2010): Concerning campaign funding by corporations. The courts ruled that corporations were to be considered as an individuals and that to prevent political spending would be an infringement of first amendment rights. 

Relevant Doctrine
Probable Cause: The standard of evidence required for an arrest or in order to issue a search warrant. Probable cause consists of more than suspicion, it is a showing on the basis of reliable information that the defendant is likely the person who committed the crime. 

Federalism: The principle under which states are related to yet independent of the federal government and one another.  

Current Issues or Controversies
The constitutionality of executive orders is often brought into question. Critics regard it as a bypass of government checks and balances or an abuse of power, especially so when a president is perceived as issuing an excess of executive orders. The temporary nature of executive orders is also questionable as they may be undone by the subsequent president.

My Questions & Concerns
1. What is the purpose of a per curiam opinion?
2. Aside from originalism and textualism are there other forms of judicial interpretation of the constitution? 
3. Are there limitations on the power of executive orders? 

References
Trager, R., Russomanno, J. & Ross, S.D. (2012), The law of journalism and mass communication. Thousand Oaks, CA: Sage Publications.