introduction to american law government and legal system
TRANSCRIPT
Introduction to American Law
Government and Legal System
Sources of Law
Constitutional Legislative Administrative Local or Municipal Common Law
Federalism
Vertical• State and Federal Government• Federal Supremacy
Horizontal• Between States• Comity
Constitutional Branches
Executive• President• Administrative Agencies
Legislative• Representative• Bicameral
Judicial
Constitutional Provisions
Structural• Separation of powers• Branches of government
Enumerated Legislative Powers• Commerce• War• Intellectual Property
Constitutional Provisions
Inherent Limitations• Scope of powers• Extent of powers
Express Limitations• Stated in grant of power• Bill of Rights
Constitutional Provisions
First Amendment• Freedom of speech, assembly, press• Freedom from religious establishment• Free exercise of religion
Commerce Power• Domestic and Foreign• Dormant commerce power
Court Systems
State• Trial court• Intermediate appellate• Final appellate
Federal• Supreme Court• Federal and state cases
Adversarial System
Parties control litigation• Initiation• Progression• Settlement
Judge’s role• Neutral arbiter• “referee”
Burdens of Proof
Assigned to Party Claims and Defenses Quantum of Proof
• Preponderance• Clear and Convincing• Beyond a Reasonable Doubt
Law and Equity
Historical Division British Crown and Chancery Remedial Powers
• Damages• Injunction• Other remedies
Merged in most U.S. courts
Trial Court
Complaint Answer Discovery Interlocutory motions
• Summary judgment
Trial Post-trial motions
Trial Court
Fact Finding• Physical evidence• Testimony• Building a record
Legal Rulings Initial Disposition
Judge and Jury
Legal determinations• Substantive• Procedural
Factual determinations Jury instructions
• Standard• Submitted by parties
Juries
Jury as of right• Criminal trials• Civil trials at law
Six to twelve persons• Chosen from community• Required service
Intermediate Appeal
Three-judge panel Review of trial court record Oral argument by attorneys
• No new evidence• Extensive written briefs• Determination of trial court error
Intermediate Appeal
Standard of Review• Legal determinations: de novo• Factual determinations: clear error• Discretionary rulings: abuse of discretion• Jury decisions: no reasonable jury
Highest Court
State Supreme Court• State Law• Federal Questions
United States Supreme Court• Federal issues• Mandatory appeal• Certorari
Judicial Precedent
Binding decisions• Higher and lower courts• Past and future courts
Stare decisis• Respect for earlier rulings• Stability• Overruling previous holdings
Judicial Opinions
Guidance• Lower courts• Bar and public
Persuasion• Present colleagues• Future courts• Past courts
Legal Reasoning
Analogical Deductive Inductive Interpretive
Statutory Interpretation
Plain meaning Legislative history Context Social purpose Canons of construction
• Negative implication• Specific over general
Reading Judicial Opinions
Identify issues• Legal question addressed
Identify holdings Identify reasoning
• Fact specific• Broader precedential value
Identify hidden results or implications
Questions and Discussion