U.S. Legal System Chapter 1

Common Law Derived from customs, rules and experiences in England Based on precedents – stare decisis Also known as “judge-made law” or “case law”

Constitutional Law Laws based on written terms in constitutions (federal and/or state) Actual language of constitutions tends to be vague – judges must interpret and define terms therein Provides rights and protections

Statutory Law Statutes – laws created by state and federal legislatures Ordinances – laws created by local (city, county, municipality) governments Requires jurisdiction to be enforceable Doctrine of supremacy rules – federal  state  county  city

Administrative Law Pertains to rules and regulations of governmental agencies (e.g., DCF, FDLE, DHSMV) Rules made by agency apply strictly to that agency Administrative hearings are much like regular court trials

Criminal Law Based on federal and/or state statutes (penal codes) “State of Florida vs. ____________” “State of Florida” – general public – is represented by Asst. State Attorney Must be found guilty “beyond a reasonable doubt” Punishable by fines, community service, probation and/or imprisonment

Civil Law Non-criminal matter in which $$ damages are often sought to repair injured party Between plaintiff (injured party) and defendant (party responsible for injury) Requires only a “preponderance of the evidence” to win the case – 51% Represents the majority of cases associated with sports and fitness

Anatomy of a Civil Lawsuit Complaint – Plaintiff specifically alleges wrongdoing by Defendant Summons – Plaintiff serves complaint on Defendant with Summons Answer – Defendant has twenty (20) days to file formal response admitting or denying each allegation. If complaint is insufficient, a motion to dismiss may be filed instead.

Anatomy of a Civil Lawsuit (cont’d.) Discovery – Fact and information gathering Request for Production Interrogatories Depositions Mediation – Attempt to settle between parties with help of neutral 3rd party Trial – jury v. non-jury Witnesses – Fact v. Expert Appeal?!?

U.S. Court System The vast majority of cases settle before trial There are state courts and federal courts, based on the issues at hand There are specific courts designed to deal with certain types of disputes, e.g. – bankruptcy and small claims courts

Trial Courts The lowest level of the court system Hears the facts and issues of a specific case Decides what rules of law apply to the facts Applies those rules Renders a judgment

Appellate Courts Trial court decisions can be appealed (within certain guidelines) Appellate court decisions can only be based on evidence and transcripts from the original trial, as well as legal briefs regarding application of the laws Appellate court may sustain, reverse, modify, or remand the lower court’s decision Published opinions become “case law” upon which future legal decision are based

U.S. Federal Court System Hears cases in which a federal law is at issue Also hears cases where there is diversity jurisdiction At least one federal district court (trial level) in each state, and 96 in the U.S. Appeals go to Federal Appellate Court  U.S. Supreme Court

State Court System Levels of courts have different names in different states – FL = County and/or Circuit Courts County courts hear < $15,000, landlord/tenant, other small issues Circuit Courts hear $15,000 +, Family Law Issues, etc. Appeals go to District Court of Appeals  State Supreme Court  U.S. Supreme Court

Legal Resources When researching legal information, there are two types of resources Primary sources Case law, Constitutions (state and federal), Statutes, and Administrative Regulations Secondary sources Legal articles, textbooks, dictionaries, encyclopedias, and journals Judges will base decisions on Primary sources, unless no such sources are available