CHAPTER 2 BEFORE YOU BEGIN

The Bluebook Rule 8 Capitalize “court” when referring to the United States Supreme Court

The Bluebook Rule 10 - Citations Roe v. Wade 410 U.S. 113 (1973). A U.S. Supreme Court citation

The Bluebook Rule 10 - Citations

Law and the United States Government Federalism: Separate governments sharing power Federalism: Separate governments sharing power Express powers: Powers specifically granted in the Constitution Express powers: Powers specifically granted in the Constitution Implied powers: Not specifically stated in the Constitution but are necessary and proper for carrying out express powers Implied powers: Not specifically stated in the Constitution but are necessary and proper for carrying out express powers

Express Federal Powers Collect taxes Collect taxes Borrow money Borrow money Regulate foreign commerce Regulate foreign commerce Regulate interstate commerce Regulate interstate commerce Grant copyrights Grant copyrights Grant patents Grant patents Establish inferior federal courts Establish inferior federal courts Declare war Declare war Coin money Coin money Punish counterfeiting Punish counterfeiting Establish post offices Establish post offices Punish piracy Punish piracy Govern capital land Govern capital land

Express Federal Powers (continued) Raise an army Raise an army Maintain a navy Maintain a navy Regulate land and naval forces Regulate land and naval forces Call up a militia Call up a militia Organize, arm, and train militia Organize, arm, and train militia Establish rules for naturalization Establish rules for naturalization Establish rules for bankruptcy Establish rules for bankruptcy Make all laws necessary to carry out stated express powers Make all laws necessary to carry out stated express powers

Sources of United States Law Constitutional Law Constitutional Law Statutory Law Statutory Law Administrative Regulations Administrative Regulations Case Law (The Common Law) Case Law (The Common Law) Stare decisis and precedent Stare decisis and precedent

The Appeals Process Procedure Must be based on legal error Must be based on legal error The court’s review is based on: The court’s review is based on: Clerk’s and reporter’s transcripts Clerk’s and reporter’s transcripts Appellate briefs Appellate briefs Oral argument by the attorney Oral argument by the attorney There is no testimony or introduction of new evidence There is no testimony or introduction of new evidence

The Appeals Process Parties The Appellant: Brings the appeal The Appellant: Brings the appeal The Appellee : Defends the appeal The Appellee : Defends the appeal

The Appeals Process Possible Outcomes The court may: The court may: Affirm Affirm Reverse Reverse Remand Remand

Miscellaneous Writs Writ of Mandate: Order from a higher court to a lower court to take some sort of action Writ of Mandate: Order from a higher court to a lower court to take some sort of action Writ of Habeas Corpus: An order to release a person in custody Writ of Habeas Corpus: An order to release a person in custody

Parties to a Writ The Petitioner: Files petition for writ requesting action The Petitioner: Files petition for writ requesting action The Respondent: Answers the petitioner’s petition The Respondent: Answers the petitioner’s petition

Types of Authority Mandatory authority: Case law that courts are required to follow Mandatory authority: Case law that courts are required to follow a/k/a – Binding authority a/k/a – Binding authority Persuasive authority: Non-binding cases considered by the court Persuasive authority: Non-binding cases considered by the court