1. United States Legal System

2. Three Branches of Government

3. Multiple Sovereignties

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

5. United States Legal System Constitution Judicial

6. United States Legal System Constitution Legislative

7. United States Legal System Constitution Executive

8. United States Legal System Constitution Judicial Case Law

9. United States Legal System Constitution Legislative Statutes Public Laws U.S.C. Statutes Indiana Code Acts

10. United States Legal System Constitution Executive Proclamations Administrative Decisions Executive Orders Rules and Regulations

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

15. Path of a Court Case Trial 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 jurisdictionTypically, 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 Indiana Supreme Court Indiana Court of Appeals Kentucky Supreme Court Kentucky Court of Appeals Kentucky District Court Indiana Trial Court US Supreme Court Regarding Constitutional Matters

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 Kentucky Supreme Court Kentucky Court of Appeals Indiana Supreme Court Indiana Court of Appeals Indiana Trial Court Kentucky Trial Courts US Supreme Court US Court of Appeals

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