Presentation Transcript

1. INTRODUCTION TO COURTS & LEGAL ANALYSIS

   Slides for Class Use POL 327, Con Law: Equality & Free Expression
2. Nature of Law What is law? What is its source? What is its function?
3. Definition and Purpose of Law Laws are rules of conduct that are promulgated and enforced by government. Laws are designed to create the type of conduct required for a society to function effectively.
4. Types of Law Law can be categorized on the basis of: Source: Federal, state, or local government Constitutional, statutory, administrative, or common law Subject matter covered: Civil or criminal law
5. Courts What is a court? What is the function of a court?
6. Courts DEFINITION: A COURT is a unit of the judicial branch of government that has authority to decide various types of legal disputes. FUNCTION OF THE COURTS: To resolve conflicts between parties by applying the law to the facts of the dispute.
7. Application and Interpretation of the Law In order to fulfill its function of applying the law to settle disputes: Judges and/or jurors must determine the facts of who did what to whom. Judges and/or juries must then apply the law to the facts. In situations where the meaning of the law may not be clear, it is the judges job to interpret the proper meaning of the law.
8. Jurisdiction of Courts Jurisdiction refers to the legal authority of a specific court to hear a particular type of case. The jurisdiction of a specific court is determined by the constitution and statutes governing the operation of the court in question. Jurisdiction is defined in terms of the nature of the parties involved, the subject matter, or the location of the incident being litigated.
9. Trial v. Appellate Courts Trial courts Handle legal matters from the time they are first filed through the verdict and penalty stage. Decide questions of fact and law Appellate courts Reviewing the decisions of trial courts Limited to deciding questions of law
10. Federal v. State Courts Federal courts are part of the federal government and have JURISDICTION over cases involving: the application or interpretation of federal law Cases affecting diplomats Cases of admiralty and maritime Controversies to which US government is a party Controversies between two or more states Controversies between citizens of different states or foreign countries. State courts are part of the state governments and have JURISDICTION over matters of state law.
11. Importance of U.S. Supreme Court Based on the material we have just covered and on the organization chart on p. 13 of Epstein and Walker, Why is the U.S. Supreme Court so important in our legal system?
12. U.S. Supreme Court Decision Making Process Review of petitions for writs of certiorari and writs of appeal. Filing of written briefs Oral arguments Decision conferences Assignment of opinions Development of concurring and dissenting opinions Announcement of decision and publication of opinions