2. The Structure of our Courts Legal Research and Writing Orientation August 14, 2003

3. Source of Law: The United States Constitution Allocates powers between state and federal system. Establishes Federal Court System Allow for state constitutions to provide framework for state governments and court systems.

4. What Does Federalism Mean? n The Constitution n 1) grants powers to the federal government, n 2) states it may enact any laws that are "necessary and proper" to exercising these powers, and n 3) asserts that all powers not granted to the national government are retained by the states(10 th Amend.)

5. Federalism: Legislatures Federal PowersConcurrent PowersState Powers Coin money Conduct foreign relations Interstate commerce Police powers Intrastate commerce Conduct elections Tax Borrow money Make and enforce laws

6. What Does it mean to say we have a Dual Court System?

7. Jurisdiction What does jurisdiction mean? What does general versus limited mean? How do you get state law jurisdiction? How do you get federal jurisdiction? -Diversity -Federal Question

8. The Source of Law Comes From All Three Branches of Government. All three branches of government have some lawmaking power.

9. The Legislative Branch n How does the Legislative Branch make law? n By enacting statutes by way of the authority granted to them by federal or state constitutions.

10. The Executive Branch n How does the Executive Branch make law? Through Executive Orders Congress can also give the Executive Branch power to promulgate regulations in order to enforce legislation

11. The Executive Branch n Can you think of an example of how Congress gives the Executive Branch power to implement legislation? n The Internal Revenue Service (which is part of the Executive Branch), promulgates regulations needed to implement Internal Revenue Code (which is legislation adopted by Congress).

12. The Judicial Branch What are two ways the Judicial Branch develops law? 1)By interpreting constitutional and statutory law and applying them to factual circumstances 2) Through the creation of judge made law arising in situations not covered by constitutional or statutory law.

13. Typical Court Hierarchy n Trial courts – Fact-finding n Appellate courts – Corrects Errors n Supreme Court – Make law

14. The Federal Court System

15. The U.S. Supreme Court n The U.S. Supreme Court hears selected appeals from the United States Courts of Appeals. n It does not decide questions of state law. n It will hear appeals from the highest state courts only where the state court's decision has been based upon federal law

16. Federal Courts by Circuit The Courts of Appeals are divided into 13 Circuits

17. The Alabama Court System

18. Alabama Judicial Circuits

19. What is the mandate of our court system? (i.e. what is the job of our courts?) n One possibility is that courts are supposed to dispense justice. n Another is that they are supposed to find and apply the correct law. n The first possibility is too liberal. The second is too rigid. Neither describes what courts do.

20. Equitable vs. Legal Claims n In England, the Courts of Common Law dispensed Justice and the Courts of Chancery were created in contrast, when common legal remedies were too harsh or inadequate. Although we do not have this kind of duality, remnants of this idea are implicit in what we call legal as opposed to equitable claims

21. The Common Law Common law, or “case law” which has its roots in the English system varies from state to state. There are however common views on general principles. (Restatement of Torts, contracts, etc.) Federal courts do not engage in the creation of common law but have retained case law in a few restricted areas such as procedural court rules and admiralty law.

22. Creating the Common Law n State v. Blight (adapted from) n Regina v. Dudley & Stephens,(1884)