First30

Wake Up, Guys! I know it’s early Wake Up, Guys! I know it’s early in the semester, in the semester,

But we’ve got a But we’ve got a lot of material to lot of material to review before we review before we can even can even beginbegin to to collect our collect our materials so that materials so that we can we can beginbegin to to write.write.

We can begin at the top…We can begin at the top…

With the United States Constitution.With the United States Constitution.

Find it here… Find it here… http://www.gpoaccess.gov/constitutiohttp://www.gpoaccess.gov/constitution/browse.htmln/browse.html

Article. I. Article. I.

LEGISLATIVE BRANCHLEGISLATIVE BRANCH Section 1. Section 1. All legislative Powers herein granted All legislative Powers herein granted

shall be vested in a Congress of the shall be vested in a Congress of the United States, which shall consist of a United States, which shall consist of a Senate and House of Representatives. Senate and House of Representatives.

What word describes an entity, such as What word describes an entity, such as our legislature, that is split into two our legislature, that is split into two houses?houses?

BicameralBicameral

http://jurist.law.pitt.edu/dictionary.hthttp://jurist.law.pitt.edu/dictionary.htmm

http://dictionary.reference.com/http://dictionary.reference.com/

Composed of or based on two Composed of or based on two legislative chambers or branches: legislative chambers or branches: a a bicameral legislature.bicameral legislature.

Article. II.Article. II.

THE EXECUTIVE BRANCHTHE EXECUTIVE BRANCH Section. 1. Section. 1. Clause 1: The executive Power shall Clause 1: The executive Power shall

be vested in a President of the United be vested in a President of the United States of America. States of America.

Administrative regulationAdministrative regulation

A pronouncement or rule issued by A pronouncement or rule issued by an administrative agency that an administrative agency that implements, clarifies, or carries out implements, clarifies, or carries out the law that created the agency, or the law that created the agency, or that furthers the purpose of the that furthers the purpose of the agency. agency.

A great deal of federal A great deal of federal administrative law…administrative law…

is generated by the executive branch. is generated by the executive branch.

If you need to research a particular If you need to research a particular area of administrative law, you might area of administrative law, you might start with a link such as start with a link such as this one.this one.

Article. III. Article. III.

THE JUDICIAL BRANCHTHE JUDICIAL BRANCH Section. 1.Section. 1. The judicial Power of the United The judicial Power of the United

States, shall be vested in one States, shall be vested in one supreme Court, and in such inferior supreme Court, and in such inferior Courts as the Congress may from Courts as the Congress may from time to time ordain and establish. time to time ordain and establish.

Judicial reviewJudicial review

The process by which a court The process by which a court determines the constitutionality of a determines the constitutionality of a statute or regulation; also the statute or regulation; also the process by which a regular court process by which a regular court hears an appeal of an administrative hears an appeal of an administrative ruling or regulation. ruling or regulation.

The Bill of RightsThe Bill of Rights First Amendment--Religion and Expression First Amendment--Religion and Expression Second Amendment--Bearing Arms Second Amendment--Bearing Arms Third Amendment--Quartering Soldiers Third Amendment--Quartering Soldiers Fourth Amendment--Search and Seizure Fourth Amendment--Search and Seizure Fifth Amendment--Rights of Persons Fifth Amendment--Rights of Persons Sixth Amendment--Rights of Accused in Criminal Sixth Amendment--Rights of Accused in Criminal

Prosecutions Prosecutions Seventh Amendment--Civil TrialsSeventh Amendment--Civil Trials Eighth Amendment--Further Guarantees in Eighth Amendment--Further Guarantees in

Criminal Cases Ninth Amendment--Unenumerated Criminal Cases Ninth Amendment--Unenumerated Rights Rights

Tenth Amendment--Reserved PowersTenth Amendment--Reserved Powers

First Ten Amendments: Limits of First Ten Amendments: Limits of Federal PowerFederal Power

TENTH AMENDMENT RESERVED TENTH AMENDMENT RESERVED POWERSPOWERS

The powers not delegated to the The powers not delegated to the United States by the Constitution, United States by the Constitution, nor prohibited by it to the States, are nor prohibited by it to the States, are reserved to the States respectively, reserved to the States respectively, or to the people or to the people

THIRTEENTH through FIFTEENTH-THIRTEENTH through FIFTEENTH-Increase federal powerIncrease federal power

THIRTEENTH AMENDMENT SLAVERY AND THIRTEENTH AMENDMENT SLAVERY AND INVOLUNTARY SERVITUDE Section 1. INVOLUNTARY SERVITUDE Section 1. Neither slavery nor involuntary Neither slavery nor involuntary servitude, except as a punishment for servitude, except as a punishment for crime whereof the party shall have been crime whereof the party shall have been duly convicted, shall exist within the duly convicted, shall exist within the United States, or any place subject to United States, or any place subject to their jurisdiction. Section 2. Congress their jurisdiction. Section 2. Congress shall have power to enforce this article shall have power to enforce this article by appropriate legislation. by appropriate legislation.

The Fourteenth Amendment The Fourteenth Amendment INCREASED FEDERAL POWERINCREASED FEDERAL POWER

Fourteenth Amendment--Rights Fourteenth Amendment--Rights Guaranteed: Privileges and Guaranteed: Privileges and Immunities of Citizenship, Due Immunities of Citizenship, Due Process, and Equal Protection Process, and Equal Protection

First AmendmentFirst Amendment

Congress shall make no law Congress shall make no law respecting an establishment of respecting an establishment of religion, or prohibiting the free religion, or prohibiting the free exercise thereof; or abridging the exercise thereof; or abridging the freedom of speech, or of the press; or freedom of speech, or of the press; or the right of the people peaceably to the right of the people peaceably to assemble, and to petition the assemble, and to petition the Government for a redress of Government for a redress of grievances. grievances.

FOURTEENTH AMENDMENT SECTION 1. FOURTEENTH AMENDMENT SECTION 1. RIGHTS GUARANTEED Section 1.RIGHTS GUARANTEED Section 1.

All persons born or naturalized in the All persons born or naturalized in the United States, and subject to the United States, and subject to the jurisdiction thereof, are citizens of the jurisdiction thereof, are citizens of the United States and the State wherein they United States and the State wherein they reside. No State shall make or enforce any reside. No State shall make or enforce any law which shall abridge the privileges or law which shall abridge the privileges or immunities of citizens of the United States; immunities of citizens of the United States; nor shall any State deprive any person of nor shall any State deprive any person of life, liberty, or property, without due life, liberty, or property, without due process of law; nor deny to any person process of law; nor deny to any person within its jurisdiction the equal protection within its jurisdiction the equal protection of the laws.of the laws.

Federal CourtFederal Court

What Federal Circuit would you What Federal Circuit would you research if you wanted mandatory research if you wanted mandatory authority for our area?authority for our area?

The Fourth CircuitThe Fourth Circuit

Here are some links you can use if Here are some links you can use if you wish to research a Fourth Circuit you wish to research a Fourth Circuit issue:issue:

http://www.law.emory.edu/4circuit/http://www.law.emory.edu/4circuit/feb2001/006540.P.htmlfeb2001/006540.P.html

http://www.uscourts.gov/links.htmlhttp://www.uscourts.gov/links.html http://www.law.emory.edu/4circuit/http://www.law.emory.edu/4circuit/

So…Our federal governmentSo…Our federal government

Has three branches. What are they?Has three branches. What are they?

We also have state governments,We also have state governments,

Which may or may not Which may or may not alsoalso have have three branches.three branches.

(dual sovereignty)(dual sovereignty)

All of this law, and we haven’t even talked about All of this law, and we haven’t even talked about

county and local governments…county and local governments… With so many sources of law, is it any With so many sources of law, is it any

wonder that good legal researchers wonder that good legal researchers are in demand?are in demand?

If federal law and state law conflict,If federal law and state law conflict,

Which prevails?Which prevails?

A valid federal law preempts a A valid federal law preempts a conflicting state law.conflicting state law.

Also, a state law may be preempted Also, a state law may be preempted when federal law “occupies the when federal law “occupies the field.”field.”

Do you remember the definition forDo you remember the definition for

Common law?Common law?

The body of court decisions that The body of court decisions that become precedent and generally become precedent and generally must be followed in later similar must be followed in later similar cases cases

Who knows the differenceWho knows the difference

Between a statute and an ordinance?Between a statute and an ordinance?

Statutes prevail over ordinances!Statutes prevail over ordinances!

Both are legislative enactments, BUTBoth are legislative enactments, BUT

An ordinance is specifically a legislative An ordinance is specifically a legislative enactment of a enactment of a municipality. municipality.

If your research requires knowledge If your research requires knowledge of ordinances, of ordinances,

You might find relevant ordinances You might find relevant ordinances here.here.

With so many sources of law,With so many sources of law,

Who has the power to declare what the law is?Who has the power to declare what the law is?

The above image is public domain through creative commons licensing.

Key word: JurisdictionKey word: Jurisdiction

The etymology of this word: The etymology of this word:

jurisjuris = law = law

diction = diction = speech, declaring or speech, declaring or speakingspeaking

Personal JurisdictionPersonal Jurisdiction

The power of a trial court to hear a case and The power of a trial court to hear a case and impose its judgment on the parties to a case, impose its judgment on the parties to a case, generally based on the parties' relationship or generally based on the parties' relationship or connection to the particular jurisdiction of the connection to the particular jurisdiction of the court. court.

So personal jurisdiction is power over the So personal jurisdiction is power over the parties.parties.

Subject Matter JurisdictionSubject Matter Jurisdiction

Is power over the subject matter.Is power over the subject matter.

Can a divorce case be heard in federal court?Can a divorce case be heard in federal court?

Can a ten-million dollar class action suit be Can a ten-million dollar class action suit be heard in Virginia’s general district courts?heard in Virginia’s general district courts?