Chapter 1- Introduction to the Legal System

FEDERALISM
- federalism- a system of political organization with several different levels of government coexisting in the same area with the lower levels having some independent power
- dual federalism- states and federal are viewed as coequals
- cooperative federalism- national govt is supreme
- currently on cooperative side, but states still have powers
-Constitution: supreme law of the land
- higher form of law than state law
- however, cant attempt to regulate a area belonging to states
- jurisdiction: the geographical area within which a court has the right to operate or the persons
about whom and the subject matters about which a court has the right and power to make
decisions that are legally binding.
- concurrent jurisdiction- two or more courts having the power to adjudicate the same
class of cases or the same matter
State Jurisdiction: may regulate for the health safety, and morals of their citizens or those acts
that involve a state government, its officials and property
Ex: murder, rape, theft, gambling, DUI
Concurrent Jurisdiction: acts that fall into both federal and state jurisdictions
Ex: bank robbery of a federally insured institution
National Jurisdiction: crimes that are interstate, involving the US government or its
officials/property
Ex: murder of federal official or murder on federal land, interstate flight of felon or
illegal transportation
- police power- the govts right and power to set up and enforce laws to provide for safety,
health, and general welfare of the people
- In crimes that fall within both jurisdictions, state and federal can both press charges
SEPERATION OF POWERS
- The division of the federal govt (and state govts) into legislative, judicial, and executive
branches
o Each have separate powers, cant be encroached upon
o Executive: president and law enforcement
o Legislative: law making
Statues: laws passed by legislature
o Judicial: law interpreting- courts
STRUCTURE OF COURT SYSTEM
- States free to structure judiciary in any manner
- Trial courts: hears and determines a case initially
o Witnesses heard, evidence presented, jury, judge
o Court of general jurisdiction: can hear a broad range of cases

Appellate courts: reviews decisions and actions of trial courts for error
o No trials occur here
o Record on appeal: formal, written account of a case, includes all actions taken in
process
Remand: order that the case be returned to lower court and an action be
taken to reverse
o Two appellate court types, 1 intermediate court for each of the 11 judicial circuits
in the US, and 1 court of appeal for DC, and 1 for the federal circuit
US Supreme Court
o Deals with appeals from a circuit court and appeals from state supreme courts
o Denies about 97% of cases appealed
States vary in amount of court levels
Inferior courts: a court with special, limited responsibilities
o Trial courts, such as probate court or municipal courts
o Appeals from here go to state trial court
o No stenographic records made, so trial courts hold new trials for appeals
o Court of limited jurisdiction: limited to certain types of civil cases involving
limited amounts of money or criminal cases with petty offenses and prelims
Federal govt has specials courts for claims, taxes, international trade, etc.

DUTIES AND POWERS OF JUDICIAL BRANCH

- Administration of justice, used if parties cant reach a resolution
o Interpretation: study a document and surrounding circumstances to decide the
documents meaning
o Court must remain neutral and apply laws fairly according to law
o Judges appointed for life- keeps politics from getting in the way of decisions
- Judicial review: when a higher court examines a lower courts decision
CIVIL LAW VS CRIMINAL LAW
- Criminal Law: purpose to prevent undesired behavior as determined by society, and to
punish those who take part in this behavior
o Remedies: fines, restitution, imprisonment, counseling, etc.
o Parties: government and defendant
o Standard of proof: beyond reasonable doubt, government bears burden
- Civil Law: compensation of those injured by someone elses behavior
o Remedies: damages and equitable relief
o Parties: private plaintiff and defendants
o Standard of proof: preponderance of evidence and plaintiff bears burden
o Contract Law: agreements
Contract: agreement that affects or creates legal relationships b/w 2 or
more persons, must involve a promise, consideration, persons legally
capable of making binding agreements, and a reasonable certainty about
the meaning of the terms
o Damages: money that a court orders paid to a person who has suffered damage by
the person who caused the injury

o Tort Law
A civil wrong other than a breach of contract
Duty imposed by law rather than a contract agreement
Tortfeasor: one who commits a tort
Negligence: failure to exercise a reasonable amount of care in a situation
that causes harm to someone or something
Intentional: determination to do a certain thing
Torts can overlap criminal law, but only look for compensation, not
criminal remedies
Strict liability: the legal responsibility for damage or injury, even if you
are not at fault or negligent
Such as in blasting when company is liable for and damage caused
to property
Compensatory damages: damages awarded for the actual loss suffered by
a plaintiff
Punitive damages: awarded over and above compensatory damages or
actual damages because of the reckless or malicious nature of the wrong
done by plaintiff
Rarely awarded
Can be a double punishment if criminal action is brought
o In civil cases, one must show actual injury to win, however a criminal action may
be brought for attempt to injure
Culpable: blamable, at fault. A person who has done a wrongful act is
described as culpable/
REVIEW QUESTIONS
1. What is the primary duty of the executive branch of government in criminal law?
2. Define the phrase court of record.
3. Define jurisdiction and differentiate b/w a court of general jurisdiction and a court of
limited jurisdiction.
4. What are the goals of criminal law? Civil law?
5. Who may file a civil suit? A criminal suit? How are these different?
6. What are compensatory damages? Punitive damages?
7. Should punitive damages be permitted in civil law? Explain your position.
8. Define culpability.
REVIEW PROBLEMS
1. In 1973 the United States Supreme Court handed down the famous case, Roe v. Wade
410 U.S. 113 wherein the Court determined that the decision to have an abortion is a
private decision that is protected from govt intervention, in some circumstances, by the
US constitution. Suppose that a state legislature passes legislation that attempts to reverse
the Roe decision by prohibiting all abortions in that state. Which is controlling in that
state, the statute or the decision of the US Supreme Court? Explain.

2. Same facts as in 1, except the state supreme court has determined that the state
constitution protects the life of fetuses from abortion, except when the life of the mother
is endangered. Which is controlling when a mother seeks to have an abortion and her life
is not endangered to any greater amount than the average pregnancy, the state
constitutional provision protecting fetuses or the decision of the US Supreme Court?
Explain.
3. Assume that the US SC has previously determined that regulation of traffic on county
roads is a power reserved exclusively for the states. In reaction to this opinion, the US
Congress enacts a statute providing that the regulation of count roads will be within the
power of the US Congress from that date forward. Your law office represents a client who
is charged with violating the federal statute that prohibits driving on all roads while
intoxicated. Do you have a defense? If so, explain.