Introduction to American Law Government and Legal System

Sources of Law w Constitutional w Legislative w Administrative w Local or Municipal w Common Law

Federalism w Vertical State and Federal Government Federal Supremacy w Horizontal Between States Comity

Constitutional Branches w Executive President Administrative Agencies w Legislative Representative Bicameral w Judicial

Constitutional Provisions w Structural Separation of powers Branches of government w Enumerated Legislative Powers Commerce War Intellectual Property

Constitutional Provisions w Inherent Limitations Scope of powers Extent of powers w Express Limitations Stated in grant of power Bill of Rights

Constitutional Provisions w First Amendment Freedom of speech, assembly, press Freedom from religious establishment Free exercise of religion w Commerce Power Domestic and Foreign Dormant commerce power

Court Systems w State Trial court Intermediate appellate Final appellate w Federal Supreme Court Federal and state cases

Adversarial System w Parties control litigation Initiation Progression Settlement w Judge’s role Neutral arbiter “referee”

Burdens of Proof w Assigned to Party w Claims and Defenses w Quantum of Proof Preponderance Clear and Convincing Beyond a Reasonable Doubt

Law and Equity w Historical Division w British Crown and Chancery w Remedial Powers Damages Injunction Other remedies w Merged in most U.S. courts

Trial Court w Complaint w Answer w Discovery w Interlocutory motions Summary judgment w Trial w Post-trial motions

Trial Court w Fact Finding Physical evidence Testimony Building a record w Legal Rulings w Initial Disposition

Judge and Jury w Legal determinations Substantive Procedural w Factual determinations w Jury instructions Standard Submitted by parties

Juries w Jury as of right Criminal trials Civil trials at law w Six to twelve persons Chosen from community Required service

Intermediate Appeal w Three-judge panel w Review of trial court record w Oral argument by attorneys No new evidence Extensive written briefs Determination of trial court error

Intermediate Appeal w Standard of Review Legal determinations: de novo Factual determinations: clear error Discretionary rulings: abuse of discretion Jury decisions: no reasonable jury

Highest Court w State Supreme Court State Law Federal Questions w United States Supreme Court Federal issues Mandatory appeal Certorari

Judicial Precedent w Binding decisions Higher and lower courts Past and future courts w Stare decisis Respect for earlier rulings Stability Overruling previous holdings

Judicial Opinions w Guidance Lower courts Bar and public w Persuasion Present colleagues Future courts Past courts

Legal Reasoning w Analogical w Deductive w Inductive w Interpretive

Statutory Interpretation w Plain meaning w Legislative history w Context w Social purpose w Canons of construction Negative implication Specific over general

Reading Judicial Opinions w Identify issues Legal question addressed w Identify holdings w Identify reasoning Fact specific Broader precedential value w Identify hidden results or implications

Questions and Discussion