California Law Winter 2011 January 7. Introduction to California Law Introduction to the federal legal system Introduction to the California legal system.

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Presentation transcript:

California Law Winter 2011 January 7

Introduction to California Law Introduction to the federal legal system Introduction to the California legal system –Organization –Operation –Major legal concepts

Legal System FUNCTION OF GOVERNMENT EACH BRANCH PLAYS A ROLE IN LEGAL SYSTEM EXECUTIVE LEGISLATIVE JUDICIAL

Personnel--Federal Gov. Executive: –President and cabinet –U.S. Attorney General,deputies, support staff (civil and criminal) Legislative –Senators –Congressmen

Cont. Judicial Branch Court staff, judges, magistrates and support staff Private attorneys and support staff

Cont. Agencies Numerous administrative boards and agencies such as: I.R.S. S.E.C. Social Security

CALIFORNIA LEGAL PERSONNEL EXECUTIVE GOVERNOR ATTORNEY GENERAL AND A.G. OFFICE LEGISLATIVE SENATE ASSEMBLY

PERSONNEL: JUDICIAL BRANCH JUDGES COMMISSIONERS COURT SUPPORT –CLERKS –CT. RPTR. –BAILIFF ATTORNEYS LEGAL SUPPORT STAFF –PARALEGALS –LEGAL SECY –CLERKS –OTHERS

CALIF. BOARDS AND AGENCIES JUDICIAL COUNCIL STATE BAR SECRETARY OF STATE DEPT. OF CORP. DEPT. OF REAL ESTATE MOTOR VEH. DEPT. DEPT. OF CONSUMER AFFAIRS DEPT. OF UNEMPLOYMENT AND DISABILITY INSURANCE COMMISSIONER W.C.A.B.

LOCAL AGENCIES COUNTY RECORDER COUNTY CLERK LOCAL BAR ASSOC. DISTRICT ATTY PUBLIC DEFENDER COUNTY COUNSEL CITY ATTYS PROBATION DEPT. P.A.S.C.C.O.

FEDERALISM Residents of California are subject to laws of United States and the laws of the state of California. Both the federal and state governments control

FEDERAL GOVERNMENT EXECUTIVE--PRESIDENT AND CABINET LEGISLATIVE--BICAMERAL JUDICIAL--SUPREME COURT AND LOWER COURTS

INTERESTING WEB SITE

U.S. Courts

The U.S. Supreme Court The Supreme Court is primarily a court of review that exercises appellate jurisdiction It hears cases from the lower federal courts. It will hear cases that originate in the state courts if the case involves constitutional issues or a question of federal law.

UNITED STATES COURT OF APPEALS REVIEW CASES FROM DISTRICT COURTS COURTS OF REVIEW OR APPEAL

UNITED STATES DISTRICT COURTS TRIAL COURTS 90+ DISTRICTS IN U.S. USUALLY ONE JUDGE EXCEPT WHERE CONSTITUTIONALITY OF STATE LAW IS IN ISSUE CALIFORNIA: NORTHERN, SOUTHERN, CENTRAL AND EASTERN

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