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)

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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)