1. Court System

2. Sources of Law Statutes: laws passed by state legislatures or Congress – Substantive & legal rights – Procedural rules Louisiana Code of Civil Procedure Louisiana Code of Criminal Procedure Louisiana Revised Statutes Louisiana Code of Evidence Louisiana Children’s Code

3. Court Cases: – English common law – Stare decisis: let the decision stand – Court hears a case & renders an opinion; the decision guides the court in all cases like the previous one. Constitutions – State & federal – No state law make violate federal law

4. Federal Court System U.S. Supreme Court – Highest court in the federal system – Chooses particular cases to hear – If the court wants to hear a case, it issues a writ of certiorari U.S. Court of Appeals or U.S. Court of Appeals for the Federal Circuit (first level of appeal-13 circuits) Courts of Original Jurisdiction (Special & district) – This is where litigation starts on the federal level. – There are 96 judicial districts.

5. Special Federal Courts U.S. Tax Court—federal tax issues U.S. Court of Federal Claims—cases brought against the U.S. government (only if the federal government allows itself to be sued.) U.S. Court of International Trade—tariffs & international commerce U.S. Bankruptcy Court—federal bankruptcy laws

6. Which LA code would you look in for info on criminal law? Which LA code would you look in for info on the handling of expert witnesses? Where would you look for info on child support? What are the first 10 amendments to the U.S. Constitution called? How many justices are there on SCOTUS? Who is the head of the Supreme Court? Is the decision of SCOTUS final or can it be appealed? Can any case be heard by SCOTUS?

7. Decisions of the Appeals Court When a court case is appealed, the appeals court doesn’t hear new evidence or have witness testimony (errors of law.) Appeals court is only looking for inaccuracies in the trial or legal issues. Decisions include – Affirm: let the court decision stand – Affirm with modification: decision stands with some modification – Reverse: changes the decision to the opposite – Reverse & remand: how the court would rule; change

8. State Court System State Supreme Court is the highest court in the state. – LA’s is located in NOLA State Court of Appeals – In LA it is known as the Courts of Appeal District Courts – Courts where litigation begins. Municipal or parish Court – Local offenses

9. Why is this important? Knowing the court system is important because it relates to jurisdiction. If the court doesn’t have jurisdiction over your claim, then your claim will be thrown out of court. The court needs to have subject matter & personal jurisdiction over the claim. – Subject matter jd: power of the court to hear the claim – Personal jd: power of the court to bind a person to a judgment.

10. Internet Research What judicial district is the court in Assumption parish located in? What federal court of appeal is LA in? How many federal judicial districts are there in LA? What is the website for the federal court in NOLA? What is the website for the federal court system? How many articles are there in the LA Code of Civil Procedure? Where are the LA Courts of Appeal located?

11. Which LA code & article would deal with the arrest of a suspect? Which LA code & article would deal with mental exam after plea of insanity? How many articles are in the LA Code of Criminal Procedure? What article in the LA Code of Civil Procedure deals with voluntary withdrawal of a claim? How many articles are in the LA Code of Evidence? What does article 506 deal with in the Code of Evidence?

12. Stages of Litigation Civil litigation begins when someone files a complaint (Petition for Damages in LA) with a court that has jurisdiction. The person filing the complaint is called the plaintiff & the person being sued is called the defendant. Before filing a complaint, the plaintiff has to be aware of the statute of limitations (in LA it is called prescription.) FRCP Rule 11/LA CCP Rule 863: reasonable inquiry

13. The complaint has to be filed with the Clerk of Court & then it needs to be served on all the people named in the complaint. The defendant then answers the complaint (admits, denies, or claims no knowledge.) If the defendant doesn’t answer, then a default judgment could be handed down. Most cases are settled out of court. If the case is going to trial, then the next step is discovery & motions. After discovery & motions, then the case proceeds to trial.