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The Legal System
Sources of the Law
Constitutional Law
Statutory Law
Administrative Law
Case Law (Common Law)
Executive Actions
1. The Constitution of the United States
2. State Constitutions
3. Judicial Review
Sources of the Law
Constitutional Law
Statutory Law
Administrative Law
Case Law (Common Law)
Executive Actions
Legislation:
• Federal
• State
• Local (sometimes referred to as ordinances)
Other ways to categorize law
• Civil v. Criminal• Contracts v. Torts
Juridisdiction: Where is the legal procedure to be held
• Federal
• State
• Interstate
• International Jurisdiction
• The problem of “cyberspace”
Sources of the Law
Constitutional Law
Statutory Law
Administrative Law
Case Law (Common Law)
Executive Actions
Regulatory Agencies
• Federal Communications Commission (FCC)
• Federal Trade Commission (FTC)
• Federal Election Commission (FEC)
• Securities and Exchange Commission (SEC)
• National Labor Relations Board (NLRB)
Sources of the Law
Constitutional Law
Statutory Law
Administrative Law
Case Law (Common Law)
Executive Actions
Judges can also:
Modify the precedent
Establish a new precedent
Overrule in the specific case
Ignore in the specific case
Common Law
Stare DecisisStare Decisis:
“Stand by things decided”
The Rule of Precedent
The Court System
State Federal
• Trial
• Appellate
• Final Appellate
• District
• Court of Appeals
• Supreme Court
Also: Specialized Courts
United States District Courts
United States Supreme Court
How does a case reach the Supreme Court?
1. Writ of certiorari
Four justices must agree to hear
2. Direct appeal of constitutional issue
3. Certification (for the purposes of clarification)
?
United States Supreme Court
Types of Decisions
Majority (Five or more justices agree with the legal reasoning): “the opinion of the Court”
Plurality (Five or more justices agree with result, but disagree on the legal reasoning): “the judgment of the Court”
Concurring (One or more justice agrees with the majority result, but disagrees with the legal reasoning)
Dissenting (One or more justices disagree with the majority decision)
Per Curiam (Reiterates previous ruling: unsigned)
United States Supreme Court
Judicial PhilosophiesJudicial Philosophies
Construction Interpretation
(Original Intent) (Living Document)
How to Summarize a CaseHow to Summarize a Case•Heading: Appropriate legal citation (case reporter)
•Facts: Essential facts of the case and the legal history up to the granting of certiorari
•Issue(s): The legal issue(s) raised on appeal
•Decision: The vote and the rationale for the prevailing opinon
•Dissent(s)
•Rule of Law: The legal principle(s) derived from the case as precedent
Legal Citation FormatCase Report
Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989)
Fort Wayne Books, Inc. v. Indiana, 109 S.Ct. 916 (1989)
Case Name
VolumeNumber
CaseReporter
PageNumber
Year
Legal Citation FormatCode/Statute
Telecommunications Act, 47 U.S.C. §335 (1996)
Popular Name(not necessary
TitleNumber
Code
SectionNumber
Year
Legal Procedure
Criminal: Beyond a Reasonable DoubtBeyond a Reasonable Doubt
•Arrest (Possibly by Warrant)
•Booking
•(Detention)
•Charge (Federal Cases: Grand Jury Indictment)
•Arraignment (Pleading)
•Preliminary Hearing (Probable Cause)
•Pretrial motions and hearings
•Trial
Legal Procedure
Civil: A Preponderance of the EvidenceA Preponderance of the Evidence
•Complaint (Committing a Tort: a civil wrong)
•Answer (Response)
•Discovery
•depositions and interrogatories
•Pretrial motions and hearingsfor example: Motion for Summary Judgment
•Trial
•Appeal
Trial Procedure•Pre-trial motions
•Voir Dire (if jury trial)
•Opening Statements
•State’s/Plaintiff’s Case
•Defendant’s Case
•Rebuttal(s)
•Summation (Closing Argument)
•Instructing the Jury and Deliberations (if jury trial)
•Judgment and subsequent motions
Participant TerminologyParticipant Terminology
Criminal
Government Entity v. Defendant(s)
Civil
Plaintiff (s) v. Defendant(s)
Appeals
Petitioner(s) v. Respondent (s)