Political Science
American Legal System Overview /Outline
Theme #1
FEDERALISM: Multiple Sovereign (Law making/interpreting entities)
50 states and National Government
1. Supremacy Clause Constitution
2. Preemption doctrine ( a "Test")
A. Express Statutory Language
B. Implicit Structure/Purpose of Law (Does the federal statute so thoroughly occupy the legislative field or make reasonable the inference that Congress left no room for state law/)
Theme #2
DECISIONMAKERS: Trial courts and Appellate Courts
(1) Trial courts with single judge and jury. Initial decision maker
(2) Appellate courts with multi judge panel and no jury review application of law by trial judge
Theme #3
LAWMAKERS: Constitutions, legislatures, administrative agencies, courts and others
1 Hierarchy of law making:
A. US Constitution as starting point
B Federalism branching: National and state government
2. National Government Branch: ( A) Congress/Treaties, (B) Administrative Agencies
4. State Government Branch : (A) State Constitutions, (B) State Legislatures or ("Plebiscites"?), (3) Administrative Agencies and (4) Courts (Common Law)
Theme #4
Adversary System: Parties are responsible for animating the legal system to protect their own interests. This means initiating legal proceedings, generating the evidence and providing legal theories for a neutral and passive decision maker to resolve.
1. Neutral and passive decision makers (judges, arbitrators and juries)
2. Party presentation of evidence and law
3. Highly structured proceedings where the parties have equal opportunity to present their positions to the neutral and passive decision makers
4. Judge's role to manage the highly structured proceedings to maintain neutrality
5. Preferred outcome is party settlement rather than decision imposed by a (neutral) third party.
Theme #5
READING and BRIEFING an appellate court opinion
1. Facts: short summary of facts of case -- enough to remember the case and think clearly about the issues.
2, Action: procedural history of case prior to arriving in the appellate court who's opinion you are briefing
3. Issues: What precise legal question(s) was the court deciding. That is based on the facts of the particular case and the law what question(s) were being addressed?
4. Holding: How did the court answer those questions/ISSUES
5. Reasoning: Why did the court reach the conclusion that it did? A summary of the reasoning will help you apply the case to the next (novel) set of facts -- the key to legal analysis and thinking about exam question in this class.
6. Concurring and Dissenting Opinions: Summaries of judge's opinions who wrote so as to reflect their disagreement with the majority of the court.
