Chapter 1

Topic Overview

The Law of the Land comes about from a number of places throughout the country. These laws are here to define boundaries of acceptable behavior, establishing power and ranges of punishment, and dictating procedures for creating, applying, interpreting, and changing the Law. We can see statutes that are enacted either at the federal or state level and Congress as well as other smaller legislatures are the ones that draft them into being. Although the legislative branch does draft the bills that become laws, they also pass through the executive branch for approval and the judiciary branch for final review. Even though the Judiciary is often looked over it is one of the most powerful branches of government since it holds the ability of judicial review. This means that they ultimately get the final say on what can and cannot become law.

Aside from the previously stated responsibility the courts also deal with all cases in either civil or criminal lawsuits. Them matters have to do with actions or events that took place in correspondence with a mishap to the law in which a ruling over the issue is necessary. The three levels of the court system are the trial courts, the appellate courts and the supreme court. These courts work to review the facts, review legal reasoning and process, and to establish binding precedent for the events to come.

Defining Key Terms

Statutory Construction- process by which courts determine the proper meaning and application of statutes

Strict Construction- Court’s interpretation and application of a law based on the literal meaning of its language

Deference- Judicial practice of interpreting statutes and rules by relying on administrative exports or legislative agencies

Forum Shopping- practice where the plaintiff chooses a court in which to sue because they believe the court will rule in their favor

Concurring Opinion- separate opinion of a minority of the court or a single judge or justice agreeing with the majority opinion but applying different reasoning or legal principles

Dissenting Opinion- separate opinion of a minority of the court or a single judge or justice disagreeing with the result reached by the majority and challenging the majority’s reasoning or the legal basis of the decision

Writ of Certiorari- petition for review by the Supreme Court of the US

Per Curiam Opinion- unsigned opinion by the court as a whole

Memorandum- order announcing the vote of the Supreme Court without providing an opinion

Strict Liability- liability without fault, for any and all harms, foreseeable or unforeseen, which result from a product or an action

Venire- used for the location from which a court draws its pool of potential jurors

Voir Dire- questioning of prospective jurors to assess their suitability

Peremptory Challenge- challenge in which attorney rejects a juror without showing a reason

Summary Judgment- resolution of a legal dispute without a full trial when a judge determines that undisputed evidence is legally sufficient to render judgment

Important Cases

Marbury v. Madison- Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that contravene the U.S. Constitution

Citizens United v. Federal Election Commission- Holding: Political spending is a form of protected speech under the First Amendment, and the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections.

Current Issues or Controversies

Brett Kavanaugh is to be appointed to sit as a judge on the Supreme Court. This vote for approval is to happen after an FBI investigation into sexual assault allegations brought upon by a number of accusers. This event holds significance since the events unfolding largely reflect that of the approval of Clarence Thomas whereas sexual assault allegations were also brought up, however largely discredited and looked down upon.