The Legal System

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

1.The Constitution of the United States 2.State Constitutions 3.Judicial Review

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

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

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

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)

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

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

Legal Procedure Beyond a Reasonable Doubt 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 A Preponderance of the Evidence 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)