04/21/23 1

INTRODUCTIONINTRODUCTIONTOTO

LAWLAW

Sources of Law & Court Structure; Sources of Law & Court Structure; Anatomy of a LawsuitAnatomy of a Lawsuit

Copyright 2009Copyright 2009

Barbara E. WilsonBarbara E. Wilson

Wanda M. TemmWanda M. Temm

04/21/23 2

Sources of LawSources of Law

LegislatureLegislature – makes law – makes law

ExecutiveExecutive – enforces law – enforces law

JudiciaryJudiciary – interprets law – interprets law

In truth, all three branches make the In truth, all three branches make the law in different ways. Thus, all are sources law in different ways. Thus, all are sources of law.of law.

04/21/23 3

LegislatureLegislature

Makes law through Makes law through statutesstatutes

04/21/23 4

Administrative AgenciesAdministrative Agencies

From power granted by the From power granted by the Executive, administrative agencies Executive, administrative agencies make administrative law – the make administrative law – the rules rules

and regulations issued by and regulations issued by administrative agencies.administrative agencies.

04/21/23 5

JudiciaryJudiciary

Makes law known as Makes law known as “common law”“common law” through judicial decisions or through judicial decisions or

“opinions.”“opinions.”

04/21/23 6

ConstitutionConstitution

Reigning over all three branches Reigning over all three branches of government is the U.S. of government is the U.S.

Constitution.Constitution.

04/21/23 7

Sources of LawSources of Law

R u le sa n d R e gu la tio ns

E xe cu tiveA d m in is tra t ive A ge n c ies

a n d /o rIn de p en de n t A ge nc ies

S ta tu tes

L e g isla t ive

O p in io ns"C o m m o n L a w "

Ju d ic ia l

C o n s titu t ion

04/21/23 8

What This MeansWhat This Means

You must always begin your You must always begin your analysis of a problem by analysis of a problem by considering the source of law considering the source of law and where that law might be and where that law might be found.found.

04/21/23 9

Next StepsNext Steps

Regardless of the source of law, Regardless of the source of law, you must determine what court you must determine what court will hear your claim if your case will hear your claim if your case gets that far.gets that far.

Thus, the next question will be: Thus, the next question will be: Who has jurisdiction, or Who has jurisdiction, or What What court will we be in?court will we be in?

04/21/23 10

What jurisdiction’s law applies?What jurisdiction’s law applies?

FederalFederal

StateState

04/21/23 11

Federal & State Court SystemsFederal & State Court Systems

U n ited S ta tesD is tric t C o u rt

fo r the_ _ _ __ D is tric t o f _ __ _ __

U n ited S ta tesC o urt o f A p pe a ls

fo r the_ _ _ __ _ _ C ircu it

U n ited S ta tesS u p rem e C o u rt

F e d e ra l

T ria l C o u rt

In te rm ed ia te A p p e lla te

F in a l A rb ite r

L e ve l o f de c is io n -m a k ing

C ircu it/D is tric tC o u rt

In te rm ed ia te A p p e lla teC o u rt

(M issou ri C o urt o f A p p e a lsfo r the _ __ _ __ D istric t)

H ig he s t A p p e lla teC o u rt

(M isso u ri S u p re m e C o u rt)

S ta te

04/21/23 12

Anatomy of a LawsuitAnatomy of a Lawsuit

04/21/23 13

AccidentAccident

04/21/23 14

Client conferenceClient conference

04/21/23 15

Settlement failsSettlement fails

04/21/23 16

Filing suit at the courthouseFiling suit at the courthouse

04/21/23 17

Discovery (deposition)Discovery (deposition)

04/21/23 18

Pre-trialPre-trial

04/21/23 19

Bench trialBench trial

04/21/23 20

Jury TrialJury Trial