Law Refresher Part I – March 19 Part II – April 30

Primary Sources Cases Statutes Regulations Legislative History

What is a Case? Case = decision = opinion = judgment Issued in writing by a court of law Resolves a controversy

How a Case Begins? Lawsuit filed with a court In writing 98+ % of lawsuits filed settle out of court Very small percentage goes to trial

Trial Court A judge presides Jury may be present – Typical in criminal cases Evidence introduced – Witnesses testify – Documents introduced Many trial court decisions not published

Appellate Court Judge presides, usually at least 3 Hears appeal from trial court No jury; judges and attorneys only No additional evidence or legal issues presented Decisions frequently published, but not always Can overturn trial court or lower appellate court decisions

Legal Concepts Precedent Stare decisis Supremacy

Case Citation Form Gonzales v. Williams, 192 U.S. 1, 24 S.Ct. 177, 48 L.Ed. 317 (1904). First number = volume of case reporter Second number = page number of first page of decision

What is a Statute? statute = code = legislation Enacted by legislature Approved by executive branch Session laws – chronological publication of laws as enacted

Statutory Citation Forms 39 U.S.C. § 3001(k)(3). 39 U.S.C.A. § 3001(k)(3) (Supp. 2002). 39 U.S.C.S. § 3001(k)(3). First number = number of title in code Second number = number of section or subsection

What is a regulation? Regulation = administrative code Authorized by statute Issued by the executive branch or administrative agency Provides detail not possible in statute or legislative process

Process of Issuing Regulations Agency issues proposed regulations Receives comments on proposed regulations Considers comments Agency issues final regulations Final regulations codified or organized by subject

Regulation Citation Form 30 C.F.R. § (2002). First number = no. of title in C.F.R. Second number = no. of section within title Hint: If the citation contains a period, it is likely a citation to the C.F.R.

New Jersey Case Citation ACLU of New Jersey, Inc. v. County of Hudson, 352 N.J. Super. 44, 799 A.2d 629 (2002). Parallel citation: first to the official state reporter, then to regional reporter

New Jersey Statutory Citation N.J.S.A. § 18A: (2002). 18A = number of title 73 = number of chapter 43.2 = number of section

Law Refresher – Part II April 30th Secondary Sources – Law review databases – Legal encyclopedias – International and foreign law, briefly Homework Review