1. United States Legal System

2. Three Branches of Government

3. Multiple Sovereignties

4. United States Legal System
Sources of Law-Federal and State
Constitution

5. United States Legal System
Constitution
Judicial
Article III, section 1: one Supreme Court and such inferior Courts as the Congress may from time to time ordain and establish

6. United States Legal System
Constitution
Legislative
Article I, section 1 of the Constitution creates the Legislature

7. United States Legal System
Constitution
Executive
Executive
Article II, Section 1 : executive power vested in the President

8. United States Legal System
Constitution
Judicial
Case Law

9. United States Legal System
Constitution
Legislative
Public Laws
U.S.C.
Statutes
Indiana Code
Acts
Statutes
Public Laws
Bills, Session laws, statutes

10. United States Legal System
Constitution
Executive
Proclamations
Administrative Decisions
Executive Orders
Rules and Regulations
Governor and State Cabinet = administrative agencies
President & Cabinet = Administrative Agencies, Administrative Law Judges
Sometimes referred to as the Fourth Branch of government – Administrative Branch

11. Primary and Secondary Authority

12. Primary Authority Primary authority is the law itself. Constitutions
Statutes
Administrative regulations issued pursuant to enabling legislation
Case law

13. Secondary Authority
Secondary Authority is all legal materials that are not primary authority or finding aids. Secondary authority includes
-encyclopedias
-law reviews
-treatises
-ALR
Secondary authority is never binding on a court.

14. Law Court System Intermediate Appellate Court Fact & Law Trial Court
Final Appellate Court
Law
Intermediate Appellate Court
Fact & Law
Trial Court

15. Path of a Court Case Trial Court Intermediate Appellate Court
complaint, indictment, information
pre-trial activities
trial
decision
Intermediate Appellate Court
Briefs
Argument
Decision

16. Path of a Court Case
Highest Court
Briefs
Arguments
Decision

17. Mandatory vs. Persuasive Authority

18. MANDATORY Authority that a court MUST follow
Typically, a higher court in the jurisdiction. Example:
All IN trial courts must follow the IN Supreme Court and the IN Court of Appeals
IN Court of Appeals must follow IN Supreme Court
On U.S. Constitutional matters only, even state courts must follow US Supreme Court

19. Mandatory Regarding Constitutional Matters US Supreme Court
Indiana Supreme Court
Kentucky Supreme Court
Kentucky Court of Appeals
Indiana Court of Appeals
Indiana Trial Court
Kentucky District Court

20. PERSUASIVE
Authority which carries some weight but is not binding or mandatory.
Can be primary or secondary authority.
Based on opinion of sister court (primary-persuasive) OR
Legal scholar (secondary- persuasive)

21. Persuasive US Supreme Court US Court of Appeals Kentucky Supreme Court
Indiana Supreme Court
Indiana Court of Appeals
Kentucky Court of Appeals
Kentucky Trial Courts
Indiana Trial Court

22. Review
The Constitution is the supreme law of its jurisdiction and 51 major jurisdictions in the U.S.
Three branches of government in each jurisdiction - Executive, Legislative, and Judicial. Each branch produces legal materials.
Primary Authority and Secondary Authority
The court systems of the United States and of each of the states.
Mandatory and persuasive authority