1. Introduction to the American Legal System
Where law comes from: The three branches of Government and their roles in creating law
The Courts: An introduction to the federal and state systems and common law
Case law and precedent: Who is bound and why?

2. Law School Basics - Federalism
Basis of the U.S. System
Federal and State Governments share powers
U.S. Constitution delegates powers to the Federal Government; remaining powers reserved to the states
Importance?
No one “sole” source of law
Statutes and case law from Federal Courts
Statutes and case law from state courts
Federal and state constitutions

3. All Branches of the Government “Make the Law”
Legislative Congress: enacts/creates statutes
Executive Proposes legislation; enforces; can adopt/apply administrative rules
Judicial Interprets; Develops common law

4. Law School Basics – What is the Common Law?
A system?
A type of law?
BOTH 4

5. Common and Civil Law Systems
The American System is a Common Law system which means it relies heavily on case law (court precedent) to define the law and settle disputes.
Civil Law Systems rely less on court precedent and more on codes that provide specific rules to decide many disputes.
Former decisions of courts in these systems are not binding or perhaps even relevant to subsequent determinations.
Found in many European and Latin American countries, as well as Louisiana. 5

6. Common Law = A type of law
Three general types of case law
Pure decisional case law - court must decide cases on basis of prior court decisions (precedent) and/or policy and sense of inherent fairness. Torts developed in this manner.
Case law determining constitutionality - court decides whether particular statutes or governmental actions are consistent with the U.S. Constitution.
Case law based on statutory provisions - court interpreting statutes. Can rely on prior decisional law interpreting that may have decided same or similar statutes. 6

7. Back to the Court System
Not a unified system
Federal System
State System
Who hears what type of cases? Concept of “jurisdiction.”

8. Law School Basics - Jurisdiction
Two definitions
A legal system within a certain geographical area (i.e. state, county, federal, etc.)
The authority/power of a court to hear particular subject matters.
Ex. – Patent claims – federal court
Ex. – Divorce claim – state court
(note – there can be concurrent jurisdiction)

9. Law School Basics – Structure of US Court Systems (generally applicable to state and federal)
Three tier structure most common
Lower Court (Fact-Finding Court)
Intermediate Court (Hears Appeals from Lower Court)
High Court (Hears Appeals from Intermediate Court)

10. Federal
_ oversimplfied – US claims court, admin agencies
- Courts of Appeal s - 13 Circuit, 1-11 numbered, DC Circuit and Federal Circuit.
- US District Courts - over 90 federal circuits in US and Territories
some states only have one - Connecticut
some have more - NY - 4
States
three-level systems.
Trial courts - at bottom. Network of trial court covering the entire state. They may be divided by
cities, counties, or districts
jurisdiction - criminal, civil, family, juvenile.
Appellate level - most have one, some do not. VA didn’t have an intermediate court of appeal till And now even its jurisdiction is limited, some appeals must go directly to VA Supreme Court.
State Supreme
Line at top – in most instances a state’s supreme court is the final word on a matter of state law. In rare instances, a matter may be appealed from a state sup court to the US Sup Ct. Typically occurs where state has reviewed some aspect of federal law including US Constitution.

11. Sample State Structure

12. Identifying State Court Levels (Things may not be as you expect.)
The highest court is not always called the “Supreme Court”
New York State
Highest Court - Court of Appeals
Trial Level - Supreme Court, General Term
Maryland
Appellate Level - Court of Special Appeals
Consult your Bluebook to confirm – Table T1

13. Importance of noting the court level when looking at a case
Greater understanding of why certain issues are being discussed (or not discussed)
Critical to determining what type of precedent the case sets
Is the holding of the case binding or persuasive on other courts?

14. Law School Basics - Precedent Black’s Law Dictionary 1059 (5th ed
Precedent. An adjudged case or decision of a court, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law. Courts attempt to decide cases on the basis of principles established in prior cases. Prior cases which are close in facts or legal principles to the case under consideration are called precedents.

15. Why is Precedent Important? Stare Decisis
Lat. To Abide by, to adhere to, decided cases
When [a] court has laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle, and apply it to all future cases, where [the] facts are substantially the same; regardless of whether the parties or the property are the same.
In plain language – precedent should be followed.

16. When is Precedent from Another Case Binding?
Precedent is binding if:
The principle of law laid down was part of the holding of the case and
The previous case was:
decided in the same court; or
decided in a higher court in the same jurisdiction

17. What does it mean to follow “precedent”?
EXAMPLE
The Virginia Court of Appeals holds: if one child kicks another child in the shin during silent reading, it is inferred that the kicker intended harmful bodily contact.
New case: VA Circuit Court - Kid punches another kid in the elementary school cafeteria during lunch and hurts him. What result?
Questions:
Is the VA Supreme Court bound by the decision of the Court of Appeals?
What about circuit court in Fulton County in Georgia?

18. A Court Faced with Binding Precedent can…...
Follow it (Stare decisis)
Distinguish it
Overrule it (**if not from a higher level**)

19. What if a case doesn’t meet the two-part test for binding precedent?
It is PERSUASIVE
Persuasive authority is non-binding because the case to be compared was decided:
in a different jurisdiction; or
by a different court in the same jurisdiction that is not higher up the hierarchical ladder.