Module 1 part 1

Views:
 
Category: Entertainment
     
 

Presentation Description

No description available.

Comments

Presentation Transcript

Module #1:

Module #1 Sources of United States Law Structure of the State and Federal Courts Jurisdiction and Limits on Judicial Authority

Sources of Law Court Structure & Authority:

Sources of Law Court Structure & Authority

Historical Roots of American Law:

Historical Roots of American Law How did law in the USA develop??? Treaty of Paris was determinative!!! French – civil law system English – common law system

English Common Law :

English Common Law Anglo-American Law is based upon English Common Law After the Norman Conquest of 1066, Duke William of Normandy (French) became King of England New French rulers introduced central administration, establishing a “Court of Law” Distinct body of “National Law” began to develop King Henry II: had courts apply Common Customs of the Entire Realm (Nation) rather than parochial traditions of the shire or village The term “Common Law” ( as opposed to “Special Law”) can also be referred to as the “ Law Common to the Entire Nation”

Development of English Law Continued:

Development of English Law Continued Law Reporters / Legal Libraries Formed Various Courts Formed: Admiralty (law of the high seas) Ecclesiastical Court (applying canon laws) Court of Chancery (equity courts, based upon principles of right and justice)

Characteristics of Common Law :

Characteristics of Common Law Judge-Made Law Law made by judges rather than legislators Before 19 th Century, there was no “statutory law” in the USA Use of Precedent Court decisions serve as authority for deciding similar questions of law in later cases “Stare decisis ” = let the decision stand Un-codified Rules are not codified, no place for person to find statement of entire body of law

Sources of Modern American Law:

Sources of Modern American Law Federal Constitution State Constitutions Statutes (Legislative Laws) of Federal, State, and Local Governments Federal and State Court Decisions Regulations and Rulings of Federal, State, and Local Administrative Agencies

The Federal Constitution:

The Federal Constitution Preamble “We the people…” The Original Three-Ring Circus Article I: The Legislative Article Article II: The Executive Article Article III: The Judicial Article

Article I:

Article I Grants limited powers to Federal Government (regulation interstate commerce , declare war, print money) States reserve other powers Police power implied = preserve public health, safety, moral, and welfare 10 th Amendment reserves to the states any power not delegated to the Federal Government

Federal Supremacy:

Federal Supremacy States have all powers unless expressly or implicitly denied by the state or federal constitution However, state and federal laws cannot interfere with each other. State laws must yield to federal acts to the extent of the conflict

Federal Preemption:

Federal Preemption Supremacy Clause: Article VI Congress can enact legislation that supersedes or preempts state regulation State laws that are contrary to federal congressional objectives are invalid Considerations: Vital national interests Need for uniformity Expressed or implied intent of Congress Review all state and federal interests

Example of Preemption:

Example of Preemption Airline Deregulation Act ( 49 U.S.C. § 1305) [N]o state … shall enact or enforce any law … relating to rates, routes , or services of any air carrier ... Anderson v. USAir : A blind passenger was prohibited from sitting in an exit row. The passenger brought suit against the airline, alleging among other claims, violation of a state common law "obligation ... to provide equal and courteous service to all." The court held that a state common law obligation to give courteous service is expressly preempted by § 1305.

PowerPoint Presentation:

Question 1

Article III:

Article III “[T]he judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time ordain and establish.” Section 1

Marbury v. Madison:

Marbury v. Madison Judicial Branch can declare legislation unconstitutional: “It is, emphatically, the province and duty of the judicial department to say what the law is.” Constitution “Preempts” Legislation “[T]he Constitution is superior to any act of legislation.”

Constitutionality of Statutes:

Constitutionality of Statutes Judiciary has the power to declare legislation unconstitutional. Presumption that statutes are constitutional. Statutes sometimes saved by “limiting construction”.

Administrative Agencies:

Administrative Agencies Secret “Fourth Branch of Government ” or Extension of Article II Authority? Made by Legislation When: Requires constant oversight Special knowledge Examples: Environmental Protection Agency (EPA) Securities and Exchange Commission (SEC) Occupational Safety & Health Administration (OSHA) Food and Drug Administration (FDA)

authorStream Live Help