United States Legal System

Three Branches of Government

Multiple Sovereignties

United States Legal System Constitution Sources of Law-Federal and State

United States Legal System Constitution Judicial

United States Legal System Constitution Legislative

United States Legal System Constitution Executive

United States Legal System Constitution Judicial Case Law

United States Legal System Constitution Legislative Statutes Public Laws U.S.C. Statutes Indiana Code Acts

United States Legal System Constitution Executive Proclamations Administrative Decisions Executive Orders Rules and Regulations

Primary and Secondary Authority

Primary Authority Primary authority is the law itself. –Constitutions –Statutes –Administrative regulations issued pursuant to enabling legislation –Case law

Secondary Authority Secondary Authority is all legal materials that are not primary authority or finding aids. Secondary authority includes -encyclopedias - law reviews -treatises -ALR Secondary authority is never binding on a court.

Court System Final Appellate Court Intermediate Appellate Court Trial Court Law Fact & Law

Path of a Court Case Trial Court –complaint, indictment, information –pre-trial activities –trial –decision Intermediate Appellate Court –Briefs –Argument –Decision

Path of a Court Case Highest Court Briefs Arguments Decision

Mandatory vs. Persuasive Authority

MANDATORY Authority that a court MUST follow jurisdictionTypically, a higher court in the jurisdiction. Example: –All IN trial courts must follow the IN Supreme Court and the IN Court of Appeals –IN Court of Appeals must follow IN Supreme Court On U.S. Constitutional matters only, even state courts must follow US Supreme Court

Mandatory Indiana Supreme Court Indiana Court of Appeals Kentucky Supreme Court Kentucky Court of Appeals Kentucky District Court Indiana Trial Court US Supreme Court Regarding Constitutional Matters

PERSUASIVE Authority which carries some weight but is not binding or mandatory. Can be primary or secondary authority. –Based on opinion of sister court (primary- persuasive) OR –Legal scholar (secondary- persuasive)

Persuasive Kentucky Supreme Court Kentucky Court of Appeals Indiana Supreme Court Indiana Court of Appeals Indiana Trial Court Kentucky Trial Courts US Supreme Court US Court of Appeals

Review The Constitution is the supreme law of its jurisdiction and 51 major jurisdictions in the U.S. Three branches of government in each jurisdiction - Executive, Legislative, and Judicial. Each branch produces legal materials. Primary Authority and Secondary Authority The court systems of the United States and of each of the states. Mandatory and persuasive authority