The most defining of a well functioning democracy is the rule of law. Simply, the rule of law applies equally to all citizens in a democracy, including the government officials. Laws exist so that society is governed by rules and not by the desires or interests of individuals or particular groups. It binds all people and branches of government together so that essentially we all exist under one umbrella. Most importantly, it requires that these laws be enforced so that people are held accountable for their actions.
In addition, the laws that are created arise from shared values and morals as a society. In order to live together in our country, states, and neighborhoods, we must have laws that protect citizens for general safety. For example, traffic laws which we are reminded of constantly when driving or even walking the streets. Or, other laws that Americans care deeply for like the first or second amendment. Laws that we see women and students around the world using in the movements and marches arising today.
Defining Key Terms:
Rule of Law: the framework of a society in which pre-established norms and procedures must provide for consistent and neutral decision making.
4 Foundations of Rule of Law:
1) All individuals and private entities are accountable under the law.
2) The laws are clear, public, stable and just; are applied evenly; and protect fundamental rights.
3) The process by which the laws are enacted, administer and enforced is accessible and fair.
4) Justice is delivered in a timely manner by competent, ethical, independent, and neutral representatives who serve the public good.
Jurisdiction: an independent court system operates in each state, the District of Columbia and the federal government. The military and U.S. territories. The geographic or topical area of responsibility and authority of a court.
Precedent: the outcome of a previous case that establishes a rule of law that courts within the same jurisdiction rely on to determine cases with similar issues
Due process: fair legal proceedings guaranteed by 5th and 14th amendments.
Amicus curiae: "friends of the court"
En banc: "on the bench"
Pur Curiam Opinion: an unsigned opinion by the court as a whole.
Concurring opinion: a separate opinion of a minority of the court or a single judge or justice agreeing with the majority but applying different reasoning or legal principles.
Dissenting opinion: a separate opinion of a minority of the court or of a single judge or justice disagreeing with the result reached by the majority and challenging the majority's reasoning or legal basis.
Remand: sending back to the lower courts.
Memorandum order: an order announcing the vote of the Supreme Court without providing an opinion.
Federalism: a principle according to which the states are related to yet independent of each other and are related yet independent of the federal government.
Statutory construction: the review of statutes in which courts determine the meaning and application of statutes.
Deference: a policy by which courts give weight to the judgement of expert administrative agencies or legislative policies/strategies.
POINTS OF LAW:
(1) Constitutional Law: framed 1787m established 1789; established the nature, functions and limits of government; each of the states also has a constitution. (Legislative, Executive, Judicial)
Amend the Constitution:
-both chambers of Congress to pass a proposed constitutional amendment by a two-thirds vote in each; two-thirds of the state legislatures to vote for a Constitutional Convention, which then proposes one or more amendments; all amendments to the Constitution also must be ratified by three-fourths of the state legislatures.
(2) Statutory Law: written law formally enacted by city, county, state and federal legislative bodies.
(3) Equity Law: law created by judges to decided cases based on fairness and ethics and also to determine the property remedy.
(4) Common Law: judge-made law comprised of the principles and traditions established through court rulings; precedent based law.
(5) Administrative Law: the orders, rules and regulations promulgated by executive branch administrative agencies to carry out delegated duties (FTC and FCC).
(6) Executive Orders: Orders from a government executive, such as president, governor, or mayor.
STRUCTURE OF JUDICAL SYSTEM:
Federal System - District Court -> Circuit Courts of Appeals -> Supreme Court
State Court System - Country -> Special Court -> Superior Court -> Court of Appeals -> State Supreme Court
US Supreme Court = 9 Justices (Chief Justice determines majority), Rule of 4 = determines if court will hear case.
CASE PROCESS:
Criminal- Probable cause: the standard of evidence needed for an arrest or to issue search warrants.
Grand jury: a group summoned to hear the state's evidence in criminal cases and decide whether a crime was committed and whether charges should be filed.
Civil - involve two private individuals or organizations that cannot resolve a dispute.
Plaintiff: the party who files a complaint; the one who sues.
Defendant: the party accused of violating a law, or the party being sued in a civil lawsuit.
Tort: a private or civil wrong for which a court can provide remedy in the form of damages.
Motion to dismiss: a request to a court to reject a complaint because it does not state a claim that can be remedied by law or is legally lacking in some other way.
Demurrer: a request that the court dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgement against the defendant.
Subpoena: a command for someone to testify in court.
voir dire: "to speak the truth," the questioning of prospective jurors.
peremptory challenge: during jury selection, a challenge in which an attorney rejects a juror without showing reason. Attorneys have the right to eliminate a limited number of jurors through peremptory challenges.
Appellant: challenges the decision of the court
Appellee: the party against whom an appeal is made
Summary judgement: the quick resolution of a legal dispute in which a judge summarily decides certain points and issues a judgement dismissing the case.
Important Cases:
Marbury v. Madison - 1803, the Supreme Court established the courts' power to interpret laws. The Supreme Court determines the meaning of the US Constitution. It established the courts power for judicial review.
Current Issues/Controversies:
The potential that the sitting President of the United States may have obstructed justice seems like a controversy that has been with us for the last two years, in regards to the Rule of Law. The denial of due process, and the inability to follow basic procedures has led many in his cabinet and following to be subponeaed by Robert Mueller for questioning.
My Questions/Concerns:
1. Can a President's disdain for the Rule of Law affect the citizens he is governing?
References
Trager, R., Ross, S. D., & Reynolds, A. (2016). The law of journalism and mass communication. CQ Press.
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