Topic Overview:
The Rule of Law is how a society defines the proper and consistent creation and application of the law. It is used to determine if the laws align with the U.S. Constitution and if they exemplify proper behavior between people and people and their government. Chapter one explains how the court system works and how clear laws are used to determine a court's ruling. Even though the decisions of the court set a precedent for years to come, changes in society also affect new laws created by legislatures.
The structure of the judicial branch within state and federal courts allow for review in trial courts and courts of appeal. Specifically, the Supreme Court plays a massive role in how the country interprets the U.S. Constitution when new cases arise.
Defining Key Terms:
- Discretion: The authority to determine the proper outcome.
- Overbroad Law: A principle that directs courts to find laws unconstitutional if they restrict more legal activity than necessary.
- Forum Shopping: A practice whereby the plaintiff chooses a court in which to sue because they believe the court will rule in their favor.
- Statutory Law: Written law formally enacted by city, county, state and federal legislative bodies.
- Equity Law: Created by judges to decide cases based on fairness/ethics.
- Amicus brief: Submission to the court from amicus curiae.
- Amicus Curiae: "friends of the court"--interested individuals or organizations that are parties in the case.
- Per Curiam opinion: An unsigned opinion by the court as a whole.
- Memorandum order: An order announcing the vote of the Supreme Court without providing an opinion.
- Demurrer: Request for a court to dismiss a case because even though claims are true they are insufficient to warrant a judgment against the defendant.
Important Cases:
Marbury v. Madison (1803): Declared an act of Congress unconstitutional and established the principle of judicial review.
Citizens United v. Federal Election Commission (2010): Campaigns are allowed to be financed by corporations and unions because it is a right given by the First Amendment.
Relevant Doctrine:
Current Issues or Controversies:
President Trump nominated Judge Brett Kavanaugh in July after Supreme Court Judge Anthony Kennedy announced his retirement. However, before Judge Kavanaugh could be approved by the Senate and confirmed allegations of sexual assault have been released. Last week, Dr. Christine Blasey Ford testified in front of the Senate Judiciary Committee and how she was sexually assaulted by Kavanaugh during high school. Many people strongly argue that Kavanaugh will not be confirmed because of partisan issues. Republicans believe that Senate Democrats just want to stop another conservative judge from being confirmed to the Supreme Court.
Questions:
- How long will it take for the FBI to investigate Judge Kavanaugh?
- Is it a big issue that these sexual assault allegations were not released earlier?
References:
Trager, Robert., Ross, Susan Dente., & Reynolds, Amy (2018), The Law of Journalism and Mass Communication. Thousand Oaks, CA: Sage Publications.
