1. Sources of Law Legislature – makes law Executive – enforces law
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Legislature – makes law
Executive – enforces law
Judiciary – interprets law
In truth, all three branches make the law in different ways. Thus, all are sources of law.

2. Makes law through statutes
Legislature
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Makes law through statutes
Virginia Code: Search Warrant
§ When search warrant may issue.
Except as provided in § , search warrants, based upon complaint on oath supported by an affidavit as required in § , may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant.

3. Administrative Agencies
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From power granted by the Executive, administrative agencies make administrative law – the rules and regulations issued by administrative agencies.
FDA – Product Labeling

4. Judiciary
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Makes law known as “common law” through judicial decisions or “opinions.”

5. Constitution
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Reigning over all three branches of government is the U.S. Constitution.

6. Sources of Law
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7. Next Steps
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Regardless of the source of law, you must determine what court will hear your claim if your case gets that far.
Thus, the next question will be: Who has jurisdiction, or What court will we be in?

8. What jurisdiction’s law applies?
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Federal Vs. State

9. Venue
Determination of which state or federal court should hear the case.
Venue – Latin for “neighborhood”
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State Case – County court where the defendant resides.
Federal Case: Federal statute governs which district court is proper.

10. Federal Courts
The trial court (US District Court) has jurisdiction over
   - Federal Constitutional matters
   - Violation of federal statutes (Federal Questions)
   - Cases involving the US
   -  Civil matters in excess of $75,000 AND Diversity of Citizenship (all parties are from different states)

11. State Courts Broad Jurisdiction
Cases deal with citizens within the state borders
Examples: Robberies, Traffic Violations, Broken Contract, Family Dispute
Not allowed to hear cases:
-- against the US
-- specific federal law
-- antitrust/bankruptcy

12. Sources of Law, Jurisdiction, & Authority

13. Enacted Law One main source of law in the US
Adopted by people or legislative bodies
Constitutions
Statutes
Regulations
Also referred to as “statutory law”

14. Common Law/Case Law Common Law – created in absence of enacted law
Case Law – included common law, but includes law created when courts apply or interpret enacted law
Created by judges writing opinions based on their decisions of cases

15. Federal Court System
U.S District Court – trial court (one or more in each state)
Circuit Court of Appeals – the appellate court (13 federal circuit courts)
U.S. Supreme Court – the highest court

16. Virginia Court Structure
Virginia Supreme Court
Court of Appeals
Circuit Courts
District Courts
Traffic Courts
Domestic Courts
Juvenile Courts
Small Claims Courts

17. Jurisdiction
The extent of a court’s authority to hear and resolve specific disputes

18. State & Federal Jurisdiction
In some cases both federal and state courts have jurisdiction.
This allows the parties to choose whether to go to state or federal court.

19. Examples
Most criminal cases involve violations of state law and are tried in state court
Robbery is a crime (found in state law)
However, it would be a federal crime to rob a bank whose deposits are insured by a federal agency

20. Example Federal Court can hear cases involving state law:
EX: State law forbids slaughtering animals outside certain areas
A neighborhood association brings a case in state court against a defendant who sacrifices a goat in his back yard
When the court issues an injunction forbidding further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement on his religious freedom

21. Personal jurisdiction Refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).
If a court does not have personal jurisdiction over a defendant or property, then the court cannot bind the defendant to an obligation or adjudicate any rights over the property.

22. Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
For instance, bankruptcy court has the authority to only hear bankruptcy cases.
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived.

23. Personal Jurisdiction
Authority over the parties
State courts are limited to the geographic boundaries of the state OR
Matters must have some connection with the state

24. Example: New York State courts do not have authority to decide matters that take place in Ohio.
HOWEVER – New York does have jurisdiction over an Ohio resident if the resident is involved in an automobile accident in the state of New York.

25. Subject Matter Jurisdiction
Authority over the types and kinds of cases
Two (2) types of courts in both federal & state system:
1. General Jurisdiction
2. Limited Jurisdiction

26. Limited Jurisdiction General Jurisdiction
Authority to hear any matter brought before the court (limited to state matters) (General District Court)
Limited Jurisdiction
Limited to the types and kinds of cases they can hear. (Tax Court)

27. Concurrent Jurisdiction
Exists when more than one court has the authority to deal with the same subject matter
Plaintiff may choose the court in which to file
Diversity of Citizenship – either Federal or State

28. Hierarchy of the Law

29. Hierarchy of the Law Define “hierarchy”
There is a hierarchy of authority between “enacted law” and “common law”
Generally
Constitution is highest authority
Followed by other enacted law
Then common/case law
Federal law is supreme

30. Chain of Command… The US Constitution is the highest authority
Followed by Common/Case Law (Fed then State)
Followed by other Enacted Law (statutes/regulations) (Fed then State)
The US Constitution is the highest authority

31. Example:
A state passes a law declaring it illegal to burn the American Flag. The state supreme court upholds the statute.
Both the statute and the state supreme court are invalid because they conflict with the Constitution of the United States (1st Amendment)

32. Authority Anything a court may rely on when deciding a case.
There are two (2) types of authority
and two (2) roles it can play

33. Two Types of Authority Primary– The Law itself
Enacted Law
Common Law
Secondary – Non-law sources (good to locate law)
Legal Encyclopedias
American Law Reports (ALR)
Restatements
Treatises
Law review articles

34. Primary Authority – the law itself
Relationship of Law
Primary Authority – the law itself
Secondary Authority – non-law sources a court may rely on (Legal Encyclopedias, Treatises, ALR, Law Review Articles, etc.)

35. Two Roles of Authority
Mandatory – A court must rely when deciding a case
Persuasive – A court may rely on (but is not bound to)

36. Mandatory Authority Secondary authority is NEVER mandatory
Not all primary authority is mandatory
Primary authority becomes mandatory when is governs the legal issue/question before the court