Foundational Principles of the U.S. Legal Framework

Foundational Legal Concepts

• Attorney-Client Privilege: Clients’ communications are kept private when seeking legal advice.
• Confidentiality: Client information cannot be revealed.
• Definition of Law: Rules established by the government, enforceable by punishment.
• Legal System Definition: Institutions, procedures, and rules that establish and enforce norms.
• Legal Morality: Just because something is legal does not mean it is morally correct.
• Justice: Fair and impartial treatment to all individuals under the law.
• Compliance: Making individuals or organizations follow laws and regulations.

Sources and Types of Law

Civil and Common Law Systems

• Civil Law: Based on codified statutes made by legislatures.
• Common Law: Judge-made law that follows precedent (stare decisis).
• Common Law is Decentralized: Interprets law after actions occur.
• U.S. Legal System: Combination of Common Law and Civil Law.
• Mixed Legal System: A combination of two or more legal systems.

Other Legal Traditions

• Customary Law: Based on traditions and cultural practices (community consensus).
• Natural Law: Based on universal moral principles (Unjust laws = untrue laws).
• Positive Law: Man-made rules valid regardless of morality (Law as it is).
• Religious Law: Based on religious texts and traditions.
• Universal Law Code: Most societies prohibit murder, theft, child harm, and demand promises to be kept.

Constitutional Structure and Powers

Federalism and Government Limits

• Federalism: Division of power between state and national governments.
• Limited Government: Government power is restricted under the Constitution.
• Rule of Law: No one is above the law.
• Majority Rule with Minority Rights: Decisions are made by majority vote, but minority rights remain protected.

State and Federal Application

• State Police Power: States regulate health, safety, and welfare (reserved powers).
• Supremacy Clause (Article VI): Federal law is supreme over state law when constitutional.
• Full Faith and Credit Clause: States must respect acts, records, and judicial proceedings of other states.
• Local Law Uses: Counties and municipalities.
• National Law Uses: Federal law applies.
• State Law Uses: State sovereignty governs.
• Special Jurisdictions: Tribal or military-based areas.

Constitutional Reach and Rights

Due Process and Equality

• Due Process: Fair procedures before loss of life, liberty, or property (5th and 14th Amendments).
• Equal Protection: Similarly situated people must be treated alike under the law (14th Amendment).
• Habeas Corpus: A right allowing a person to challenge unlawful detention before a court.

Jurisdiction Over Citizens Abroad

• Constitutional Reach for Citizens Abroad: Protected under U.S. jurisdiction (Reid v. Covert).
• Constitutional Reach for Non-Citizens: Entitled to Due Process (Reno v. Flores).
• Constitutional Reach in Incorporated Territories: Full constitutional protections apply.
• Constitutional Reach in Unincorporated Territories: Only fundamental rights apply (Insular Cases).
• Constitutional Reach – Guantanamo Bay: Habeas Corpus rights apply (Boumediene v. Bush, 2008).

Judicial and Executive Functions

Judicial Powers

• Independent Judiciary: Court decisions are made independently and without bias.
• Judicial Lawmaking: Judicial review, precedent, and overturning precedent.
• Judicial Review: Courts determine constitutionality of laws (Marbury v. Madison established this power).
• Function of Precedent: Courts must follow prior rulings in similar cases but can be overturned by higher courts.

Executive and Prosecutorial Roles

• Executive Lawmaking: President and agencies propose bills, negotiate treaties, issue executive orders, and create regulations.
• Executive Order: Presidential directive based on constitutional authority.
• Take Care Clause: President must faithfully execute laws passed by Congress.
• Federal Prosecutors: U.S. Attorneys appointed by the president.
• Prosecutorial Discretion: Authority to decide whether to bring a case to trial or dismiss it.
• Judicial Limits of Prosecutorial Discretion: Courts cannot force prosecutors to bring charges.

Prosecutorial Misconduct and Related Doctrines

• Prosecutorial Misconduct: Presenting false evidence, hiding exculpatory evidence, or charging in bad faith.
• Anti-Commandeering Doctrine: Federal government cannot force states to carry out federal programs.
• Extradition: Jurisdiction hands over an offender to another jurisdiction for prosecution.
• Buried Bodies Case: The attorney did not reveal the locations of two murdered bodies; legally protected under privilege.

Criminal Jurisdiction Principles

• Criminal Jurisdiction – National: Offender’s citizenship is outside the U.S.; case involves national interest.
• Criminal Jurisdiction – Objective Territorial: A crime affects another state, granting that state jurisdiction.
• Criminal Jurisdiction – Passive Personality: U.S. jurisdiction applies when the victim is a U.S. citizen.
• Criminal Jurisdiction – Protective: U.S. gains jurisdiction for threats to national security.
• Criminal Jurisdiction – Universality: Piracy, genocide, crimes against humanity allow international involvement.

Transactional Law and Litigation

• Transactional Law: Private law related to business (contracts, drafts, etc.).
• Litigation: Lawsuits and trials.

Key Case Summaries

Constitutional Reach and Federal Power Cases

• Boumediene v. Bush (2008): Guantanamo Bay prisoners entitled to Habeas Corpus because U.S. has control there.
• Hamdi v. Rumsfeld: Even in wartime, detained U.S. citizens must receive due process.
• Reid v. Covert: Crime on overseas U.S. base; Court ruled under U.S. jurisdiction.
• Reno v. Flores: Fifth Amendment due process applies to non-citizens and illegal immigrants.
• Murphy v. NCAA: Congress cannot force states to uphold federal bans; states may legalize sports betting.
• New York v. United States: Congress cannot compel states to enact or enforce federal programs.
• Printz v. United States: Federal law requiring local police to perform gun checks unconstitutional.
• National Federation of Independent Business v. Sebelius: Affordable Care Act’s mandate not valid under commerce clause.

Commerce Clause and Civil Rights Cases

• Wickard v. Filburn: Farmer grew excess wheat for personal use; still affected interstate commerce.
• Katzenbach v. McClung: Local restaurant discriminated; affected interstate commerce; Civil Rights Act applied.
• United States v. Lopez: Gun-Free School Zone Act unconstitutional; unrelated to commerce.
• United States v. Morrison: Violence Against Women Act unconstitutional; not commerce-related.