Sources of the Law Constitutional Law Statutory Law Administrative Law Case Law (Common Law) Executive Actions

The Constitution of the United States State Constitutions Judicial Review

Sources of the Law Constitutional Law Statutory Law Administrative Law Case Law (Common Law) Executive Actions

Other ways to categorize law 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

“Stand by things decided” Common Law Stare Decisis: “Stand by things decided” The Rule of Precedent Judges can also: Modify the precedent Establish a new precedent Overrule in the specific case Ignore in the specific case

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)

Construction Interpretation United States Supreme Court Judicial Philosophies Construction Interpretation (Original Intent) (Living Document)

How 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 Format Case Report Case Reporter Year Case Name Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989) Fort Wayne Books, Inc. v. Indiana, 109 S.Ct. 916 (1989) Volume Number Page Number

Legal Citation Format Telecommunications Act, 47 U.S.C. §335 (1996) Code/Statute Popular Name (not necessary Code Year Telecommunications Act, 47 U.S.C. §335 (1996) Section Number Title Number

Legal Procedure Criminal: Beyond 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 Evidence Complaint (Committing a Tort: a civil wrong) Answer (Response) Discovery depositions and interrogatories Pretrial motions and hearings for 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 Terminology Criminal Government Entity v. Defendant(s) Civil Plaintiff (s) v. Defendant(s) Appeals Petitioner(s) v. Respondent (s)