1 / 45

The Courts and Judicial Opinions (Case Law)

The Courts and Judicial Opinions (Case Law). Geography and Public Policy. Goods Service Artifacts. Legislation Regulation Judicial Opinions. Organization of Space Organization of Behavior. Law Public Policy. Landscape. Evaluation.

anthea
Download Presentation

The Courts and Judicial Opinions (Case Law)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. The Courts and Judicial Opinions (Case Law)

  2. Geography and Public Policy Goods Service Artifacts Legislation Regulation Judicial Opinions Organization of Space Organization of Behavior Law Public Policy Landscape Evaluation • Deconstruct the landscape into the production of a particular commodity or the provision of a particular service that has a tangible, usually visible, impact • Deconstruct law into statutory, administrative, and case law

  3. Legislation enacted by the legislative branch and signed by the President establishes national goals, delegates authority, and appropriates funds • Regulations promulgated by the executive branch defines the behavior modification needed to achieve those goals • Judicial decisions can "force" legislators and regulators to alter legislation and regulations

  4. Public Policy (Law) - created by federal and state government acting under authority defined, somewhat imperfectly, in a constitution • The Legislative branch of government enacts legislation, statutes, acts • defines and establishes broad social goals • outlines what behavior modifications are needed to achieve those goals • delegates authority necessary to change behavior • appropriates revenue • The Executive branch of government creates (promulgates) rules, regulations that are designed to change behavior and achieve legislative goals • The Judicial branch examines claims by individuals, organizations, even government itself, that specific legislation or specific regulation violates some constitutional rights and/or cause them some harm for which compensation is due

  5. The Problems • A. Understanding the outcomes of the various debates that lead to acts, rules, and judicial opinions • Legislation (act, statute, laws), legislative process, cumulation and codification • Regulations (rules), rule-making process, cumulation and codification • Judicial Opinions, litigation process, court rules, finding aids (encyclopedias and digests) • B. Understanding the data (electronic and text) in which these outcomes, even the debates, are published • Statutes at Large (Public Law), US Code • Federal Register, Code of Federal Regulations • United States Reports, other reporters • There may not be a single database or book that can answer all your questions • Not every database is useful – each has good and bad points

  6. Congress Legislative Mandate Legislation Agency Regulation Courts LAW

  7. A decision made by a branch of the federal government

  8. The Characteristics of Law • A balance between • Constant change • Federal & State statutes [15,000/year] • Federal & State rules • Judicial opinions [55,000/year + 3 million extant] • Need for stability in defining, enforcing, & protecting the rights of individuals & organizations • A multiplicity of sources • Legislative, executive, & judicial branches of government • Federal government and 50 states • 80,000 local governments Chronological publications – Need for subject index

  9. A Division of Law • Substantive law – the rules that govern behavior – statutes and rules • Procedural law • the process through which the statutes and rules are made • the process through which we determine whether procedural or substantive law has been broken – administrative review (adjudication), judicial review • Remedial law – the consequences of breaking either substantive or procedural – judicial review

  10. Some Introductory Materials • How the court system is organized (Wright State University) • How to find a court case (University of California Santa Cruz) • FindLaw : Cases and Codes : Introductory Materials • Legal citation (Cornell University) • Stare decisis (Cornel University) • Standing (Cornell University) • Bench and Bar of Minnesota (Minnesota State Bar Association)

  11. Basic Reading • “Legal Masks, Legal Consciousness” in David Wilkins, American Indian Sovereignty and the US Supreme Court • “Introduction” in Vine Deloria, American Indian Policy in the Twentieth Century

  12. The Private Nature of Case Law Publications • Who owns the law? (Wired May 1994) • Debate ranges over who owns the law (Star Tribune, 1995)

  13. The Published Findings of the Federal Courts • The outcome of a structure and a process governed by court rule - litigation • Represents a dialogue between the past and the present • Provide answers to some of society’s most compelling questions • These answers may be long-lived or temporary

  14. On October 14, 2003 the United States Supreme Court granted certiorari – agreed to hear – the following case • Elk Grove Unified School District and David W. Gordon  v. Michael A. Newdow, et al. • Supreme Court Collection (Cornell University) • Findlaw (Thomson Reuters) • Oyez • The case will be limited to two questions • Whether respondent (Newdow) has standing to challenge the constitutionality of a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance • 2. Whether a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violates the Establishment Clause of the First Amendment, as applicable through the Fourteenth Amendment

  15. Justice Scalia took no part in the consideration or decision of these motions and this petition • The case was decided June 14, 2004  • The court reversed the Ninth Circuit's opinion  (Cornell University) • which had reversed the United States District Court for the eastern District of California (trial court) • which had dismissed Newdow's complaint against the School Board

  16. Regulating Carbon Dioxide • Massachusetts v. EPA (Supreme Court slip opinion) • Massachusetts V EPA 549 U.S. 497(Cornell University) 127 S.Ct. 1438 (2007) • Supreme Court sends carbon regulation back to the EPA (ARS Technica) • In the majority view, the "EPA’s steadfast refusal to regulate greenhouse gas emissions presents a risk of harm to Massachusetts that is both 'actual' and 'imminent.'" • Crazy on Carbon Dioxide (National Review) • The EPA's Prudent Response to Massachusetts v. EPA (Heritage Foundation) • Massachusetts v. EPA, Ignored: One Year Later, Back to Court We Go(Warming Law blog)

  17. There is a practical beginning to a particular dispute that a court is asked to resolve – when a party files suit – and there are practical ends – when a judge issues an opinion from which an appeal is not, or in some instances cannot, be made • We should never forget that any dispute has multiple origins and that any resolution ruling against one party, in a society which values personal freedoms and due process, invites the aggrieved party to work toward changing the outcome

  18. General Resources • The Federal Judicial Branch (USA.gov) • Judicial Branch Resources on GOP Access • United States Courts – the central support entity for the judicial branch providing a wide range of administrative, legal, financial, management, program, and information technology services to the federal courts • Federal Judicial Center – the education and research agency for the federal courts • Department of Justice  • Access to Opinions • LexisNexis Academic  (through University of Minnesota Libraries) • FindLaw (West Group) • Federal Law Materials – Judicial Decisions (Cornell University) • Oyez (US Supreme Court Media) • Justia.com • Google Scholar

  19. Court Structure • Federal Constitution Article III Section 1 • The 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 • The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office

  20. The Judicial Power shall extend • to all cases ... arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority • to all cases affecting ambassadors, other public ministers and consuls • to all cases of admiralty and maritime jurisdiction • to controversies to which the United States shall be a party • to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects

  21. Supreme Court • In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction • In all the other cases, the Supreme Court shall have appellate jurisdiction, with such exceptions and under such regulations as the Congress shall make • The Judiciary and Judicial Proceedings (U. S. Code)

  22. United States Supreme Court • The Supreme Court consists of the Chief Justice of the United States and eight associate justices • At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of  the cases it is asked to decide • Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law • U.S. Supreme Court News (Oyez) • Massachusetts v EPA 549 U S Reports 497(Supreme Court)

  23. United States Courts of Appeals • Federal judicial districts in each state are organized into 12 regional circuits each containing a United States court of appeals • Hear appeals from the district courts in its circuit and appeals from decisions of federal administrative agencies • The Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims

  24. Finding Cases • 8th Circuit Court of Appeals • PACER • US 8th Circuit Cases (FindLaw) • Federal Law Materials - Judicial Decisions (Cornell University)

  25. United States District Courts • The trial courts in which justices have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters • Currently, there are 94 such districts, including at least one district in each state, the District of Columbia and Puerto Rico • Three territories of the United States -- the Virgin Islands, Guam, and the Northern Mariana Islands -- have federal district courts

  26. US Bankruptcy Courts in Minnesota Federal Law on Bankruptcy (Cornell University)

  27. Two special trial courts that have nationwide jurisdiction over certain types of cases • The Court of International Trade addresses cases involving international trade and customs issues • The United States Court of Federal Claims has jurisdiction over • most claims for money damages against the United States • disputes over federal contracts, unlawful "takings" of private property by the federal government • a variety of other claims against the United States

  28. Rules of the Courts • Congress has authorized the federal judiciary to prescribe the rules of practice and procedures subject to Congressional oversight • Federal Rules and Policies (United States Courts) • Federal Rulemaking (Administrative Offices of the US Courts) • United States District Courts Rules • United States Court of Appeals Rules • Supreme Court Rules • Supreme Court Rules (Cornell University)

  29. The Litigation Process • One party – the plaintiff – is suing another party – the defendant • Court jurisdiction • The facts of the matter • The remedy proposed • Previous cases in which judges have ruled on similar facts –argument by analogy • Obviously, each side picks cases in which the judge issues an opinion in their favor • A case, in fact, can be used to support both sides • The outcome is that a judge chooses one interpretation of the facts and one set of cases over the other

  30. The Judicial Process • Produces a variety of records – some private and some public • personal correspondence between the attorneys and their clients  • briefs written by the attorneys, some termed “masterpieces of history”  • pretrial motions  • interrogatories  • documentary evidence written by expert witnesses • depositions – written or oral answers to questions posed by attorneys   • proceedings of the trial  • published opinion - the factual evidence and the argument deemed persuasive by a judge  • post trial motions  • case file containing most of the above material

  31. Judicial Process – Appellate Courts • At the Appellate Level • records of the case already in existence  • written briefs filed by the attorneys  • transcripts of oral arguments in lower courts on legal points 

  32. Project 4 • A. Describe a federal judicial decision that has interpreted either the statute or the regulation you chose • What court was involved? • What were the facts? • What were the arguments? [Remember you are not lawyers] • What was the outcome? • B. What were the consequences of the case? • C. What is the current case law on your topic? Use either an encyclopedia or a digest

  33. The Outcome of Litigation – the Published Opinion

  34. Official Versions - Printed and Electronic • The United States Supreme Court • 8th Circuit US Court of Appeals • US District Court, District of Minnesota

  35. Unofficial Sites • FindLaw (West Group) • Supreme Court Reporter • Federal Reporter (Appeals Court) • Federal Supplement (District Courts) • Federal Law Materials - Judicial Decisions (Cornell University) • LexisNexis Academic  (Elsevier)

  36. Finding Aids • Legal textbooks - authors generally refer to important cases that illustrate the points of law they are discussing • Law journals - authors of articles often refer to important cases that illustrate the points of law they are discussing (Hein Online, LexisNexis Academic, Google Scholar) • Online legal databases such as Westlaw and LexisNexis include the full-text of court decisions - allow searching by keyword, by subject, or party name • Law Related Databases (University of Minnesota Law Library) • Advanced Legal Research (George Jackson)

  37. Finding Aids • Legal encyclopedias - organized by topic (subject) comprise articles or paragraphs that synthesize and comment on specific points of law • Entries are accompanied by citations to cases that support the principles discussed • Corpus Juris Secundum (Wikipedia) • American Jurisprudence (Wikipedia) • LexisNexis Congressional • Legal digests - arranged by topic (point of law) provide summaries of important cases • Also provide citations to full-text reports of these cases • Topical case reporters provide access to the reporters by subject and case name – loose-leaf reporters • Bureau of National Affairs

  38. Finding Aids – Annotated Statutes • US Code Annotated • Summaries of opinions that have construed the statute • Notes on the history of and amendments to the statute • Relevant practice sets, periodical articles, and books • Cross-references to similar and related statutes • US Code Service (LexisNexis Congressional) • <Statutes> • <United States Code> • <Boundary Waters Canoe Area> • <Use of Wilderness Areas>

  39. Finding Aids • Digest

  40. The American Digest Series • West's system of digests is the most comprehensive subject index of case law • The entire field of American law is divided into seven main top headings, thirty-two sub-headings, and over four hundred topics • Each topic is further divided into sub-topics, which are identified by individual "key" numbers • Every case published identifies every point of law contained in it and includes a one-sentence headnote for each point • Each headnote is numbered, and the same number is printed in the reported decision at the paragraph at which the point of law is discussed • Each headnote is also labeled with the digest key number that identifies the content • The digest bring together all the headnotes with the same key number • There are several digests, each containing cases from a different geographical or jurisdictional source - Minnesota Digest

  41. Reporter System (West) • Court reporters contain judicial opinions from the federal and state courts • Each opinion is preceded by a summary or a synopsis of that opinion, followed by one or more editorial abstracts called "headnotes" • Each headnote is assigned a topic and key number that correspond to the legal issue addressed in that headnote • West's American Digest System provides subject access to opinions found in the court reports by reprinting and organizing the headnotes alphabetically by topic and then by key number • Digests themselves are not legal authority, nor are the headnotes contained within the digests • Various federal digests provide access to federal court cases, while state and regional digests provide access to state court opinions

  42. The American Digest Series • The American Digest series covers all the decisions published in all of West's Reporters, and is therefore the master index to all of U.S. case law • Volumes of the American Digest are issued regularly in a series called the General Digest , currently in its ninth series • Each new volume, several of which are issued per year, publishes the headnotes written in any of West's reporters since the last volume • Every five years the General Digest is consolidated (it used be to consolidated every ten years, hence the title) • The consolidated volumes are called Decennial Digests

  43. Minnesota et al V Mille Lacs Band of Chippewa Indians 526 U. S. 172 Legal Information Institute (Cornell University) FindLaw (Thompson FindLaw) U S Supreme Court Center (Justai.com) Oyez U S Department of Justice My home page Where to obtain Supreme Court opinions Multiplicity of Sources

More Related