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6/22/20151 INTRODUCTION TO LAW INTRODUCTION TO LAW Sources of Law & Court Structure; Anatomy of a Lawsuit Copyright 2009 Barbara E. Wilson Wanda M. Temm
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6/22/20152 Sources of Law Legislature – makes law Legislature – makes law Executive – enforces law Executive – enforces law Judiciary – interprets law Judiciary – interprets law In truth, all three branches make the law in different ways. Thus, all are sources of law.
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6/22/20153 Legislature Makes law through statutes
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6/22/20154 Administrative Agencies From power granted by the Executive, administrative agencies make administrative law – the rules and regulations issued by administrative agencies.
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6/22/20155 Judiciary Makes law known as “common law” through judicial decisions or “opinions.”
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6/22/20156 Constitution Reigning over all three branches of government is the U.S. Constitution.
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6/22/20157 Sources of Law
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6/22/20158 What This Means You must always begin your analysis of a problem by considering the source of law and where that law might be found.
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6/22/20159 Next Steps Regardless of the source of law, you must determine what court will hear your claim if your case gets that far. 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? Thus, the next question will be: Who has jurisdiction, or What court will we be in?
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6/22/201510 What jurisdiction’s law applies? FederalState
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6/22/201511 Federal & State Court Systems
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6/22/201512 Anatomy of a Lawsuit
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6/22/201513 Accident
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6/22/201514 Client conference
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6/22/201515 Settlement fails
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6/22/201516 Filing suit at the courthouse
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6/22/201517 Discovery (deposition)
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6/22/201518 Pre-trial
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6/22/201519 Bench trial
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6/22/201520 Jury Trial
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