Chapter 1: The Rule of Law

This chapter begins by explaining that Aristotle once said that people are basically self-interested, but that this self-interest is shortsighted and self-destructive. The foundation of the U.S. Constitution and the rule of law is to promote a balance between cost and benefit and restrain human injustice. The rule of law also limits the power of government by prohibiting it from infringing on the rights of the people. In Lon Fuller's view, the rule of law was a set of standards that allow for neutral decision making for all.

Fuller's definition of the rule of law established eight "desiderata" or desired outcomes. The requires law to be 1) general and not discriminatory, 2) widely known and disseminated, 3) forward-looking in their application rather than retroactive, 4) clear and specific, 5) self-consistent and complementary of each other, 6) capable of being obeyed, 7) relatively stable over time, and 8) applied and enforced in ways that reflect their underlying intent. (Reynolds, Ross, Trager 2018)

Vague laws are unclear laws. These can cause people to avoid activities that are actually legal because they are unsure whether or not it is against the law. Clear laws define their terms and leave less room for government official's discretion.

To keep laws relatively stable and keep them from changing too quickly, judges in U.S. courts interpret and apply laws based upon the precedents that we set by previous court rulings. Precedents are what make courts stand by what they have decided previously. However, laws are not inflexible. In Marbury v. Madison, The Supreme Court established the courts' power to interpret laws.

The six sources of law are constitutions, statutes, common law, equity law, administrative rules, and executive orders. These are where the laws of journalism and mass communication come from.

The basic structure of the court system consists of trial courts that do fact-finding and apply the law, and courts of appeal that review trial court decisions, which are intermediate appellate courts and supreme courts. Courts of appeal can either affirm or overrule the lower court, reversing the previous decision. The appellate judges can either agree with the majority opinion, or have a concurring or dissenting opinion. A concurring opinion agrees but with different reasoning, and a dissenting opinion disagrees with the majority opinion.

The Supreme Court is made up of the chief justice of the United States and eight associate justices. The president nominates and the Senate confirms these members of the court who sit for life or until retirement.

Once the court agrees to hear a case, parties file written briefs with the facts and legal issues of the case and they each summarize their legal arguments. During the oral argument, the justices may remain quiet or they may ask the attorneys questions. After this, the justices meet in private to discuss and draft opinions. The most junior justice will vote up to the chief justice. After this, the chief justice determines who will draft the majority opinion.

Nowadays, online sources help the research process immensely when it comes to legal research. Law review articles and legal encyclopedias are also used.