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

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

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

4. Other ways to categorize law
Legislation:
Federal
State
Local (sometimes referred to as ordinances)
Other ways to categorize law
Civil v. Criminal
Contracts v. Torts

5. Juridisdiction: Where is the legal procedure to be held
Federal
State
Interstate
International Jurisdiction
The problem of “cyberspace”

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

7. Regulatory Agencies Federal Communications Commission (FCC)
Federal Trade Commission (FTC)
Federal Election Commission (FEC)
Securities and Exchange Commission (SEC)
National Labor Relations Board (NLRB)

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

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

10. The Court System State Federal
Trial
Appellate
Final Appellate
District
Court of Appeals
Supreme Court
Also: Specialized Courts

11. United States District Courts

12. 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)

13. 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)

14. Construction Interpretation
United States Supreme Court
Judicial Philosophies
Construction Interpretation
(Original Intent) (Living Document)

15. 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

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

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

18. Legal Procedure 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

19. Legal Procedure 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

20. 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

21. Participant Terminology
Criminal
Government Entity v. Defendant(s)
Civil
Plaintiff (s) v. Defendant(s)
Appeals
Petitioner(s) v. Respondent (s)