1. U.S. Legal System
Chapter 1

2. Common Law Derived from customs, rules and experiences in England
Based on precedents – stare decisis
Also known as “judge-made law” or “case law”

3. Constitutional Law
Laws based on written terms in constitutions (federal and/or state)
Actual language of constitutions tends to be vague – judges must interpret and define terms therein
Provides rights and protections

4. Statutory Law
Statutes – laws created by state and federal legislatures
Ordinances – laws created by local (city, county, municipality) governments
Requires jurisdiction to be enforceable
Doctrine of supremacy rules – federal  state  county  city

5. Administrative Law
Pertains to rules and regulations of governmental agencies (e.g., DCF, FDLE, DHSMV)
Rules made by agency apply strictly to that agency
Administrative hearings are much like regular court trials

6. Criminal Law Based on federal and/or state statutes (penal codes)
“State of Florida vs. ____________”
“State of Florida” – general public – is represented by Asst. State Attorney
Must be found guilty “beyond a reasonable doubt”
Punishable by fines, community service, probation and/or imprisonment

7. Civil Law
Non-criminal matter in which $$ damages are often sought to repair injured party
Between plaintiff (injured party) and defendant (party responsible for injury)
Requires only a “preponderance of the evidence” to win the case – 51%
Represents the majority of cases associated with sports and fitness

8. Anatomy of a Civil Lawsuit
Complaint – Plaintiff specifically alleges wrongdoing by Defendant
Summons – Plaintiff serves complaint on Defendant with Summons
Answer – Defendant has twenty (20) days to file formal response admitting or denying each allegation. If complaint is insufficient, a motion to dismiss may be filed instead.

9. Anatomy of a Civil Lawsuit (cont’d.)
Discovery – Fact and information gathering
Request for Production
Interrogatories
Depositions
Mediation – Attempt to settle between parties with help of neutral 3rd party
Trial – jury v. non-jury
Witnesses – Fact v. Expert
Appeal?!?

10. U.S. Court System The vast majority of cases settle before trial
There are state courts and federal courts, based on the issues at hand
There are specific courts designed to deal with certain types of disputes, e.g. – bankruptcy and small claims courts

11. Trial Courts The lowest level of the court system
Hears the facts and issues of a specific case
Decides what rules of law apply to the facts
Applies those rules
Renders a judgment

12. Appellate Courts
Trial court decisions can be appealed (within certain guidelines)
Appellate court decisions can only be based on evidence and transcripts from the original trial, as well as legal briefs regarding application of the laws
Appellate court may sustain, reverse, modify, or remand the lower court’s decision
Published opinions become “case law” upon which future legal decision are based

13. U.S. Federal Court System
Hears cases in which a federal law is at issue
Also hears cases where there is diversity jurisdiction
At least one federal district court (trial level) in each state, and 96 in the U.S.
Appeals go to Federal Appellate Court  U.S. Supreme Court

14. State Court System
Levels of courts have different names in different states – FL = County and/or Circuit Courts
County courts hear < $15,000, landlord/tenant, other small issues
Circuit Courts hear $15,000 +, Family Law Issues, etc.
Appeals go to District Court of Appeals  State Supreme Court  U.S. Supreme Court

15. Legal Resources
When researching legal information, there are two types of resources
Primary sources
Case law, Constitutions (state and federal), Statutes, and Administrative Regulations
Secondary sources
Legal articles, textbooks, dictionaries, encyclopedias, and journals
Judges will base decisions on Primary sources, unless no such sources are available