jack friery ucsd extension class 3 of 3 introduction to the legal system
TRANSCRIPT
JACK FRIERYUCSD EXTENSION
CLASS 3 OF 3
Introduction to the Legal System
Review the Sources of Law
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ConstitutionsTreatiesStatutesAdministrative AgenciesCase LawCommon Law Tradition
Review of Court System
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Most States have a three - tiered system of courts Trial Intermediate Appellate Supreme Court (Appellate)
Federal Court System also has three levels of courts
Odds & ends: small claims, bankruptcy courts
Three systems simultaneously
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Federal Congress President & administrative agencies U.S. Supreme Court, U.S. Court of Appeals, U.S.
District Court State
Legislature Governor & state administrative agencies State courts
Local City or County Council Mayor or County Supervisor & local administrative
agencies Local courts
Jurisdiction & Venue
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Jurisdiction pertains to the authority to hear the type of case by the court Personal Property Subject-matter
Venue is the location of the Courthouse Downtown vs. North County
Litigation Flow Chart
Pleadings
Discovery
Trial
Post-Trial
Appeal
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Classifications of Law
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Substantive and Procedural LawPublic and Private LawCivil and Criminal Law
Classifications ChartClassifications of Law
Civil Criminal
Substantive Procedural Substantive Procedural
Tort
Contract
Law or Equity
Law or Equity
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Substantive Law
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Laws that regulate, define and establish legal rights and obligations. Examples:
Contracts Real Property Administrative Torts Trusts and Wills Criminal Law Constitutional Law Corporations
What our rights and obligations are as a member of society?
Procedural Law
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Establishes the methods of enforcing the substantive laws. Examples:
Federal and State Rules of Evidence Rules of Civil Procedure Rules of Criminal Procedure
How we apply and enforce the substantive rights
Public Law
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The relationship between persons and their government Examples
Constitutional Law – right to vote, a voice in government Administrative Law – entitlements through agency –
Social Security Criminal Law – crimes against society, even though the
crime might be committed against an individual
Private Law
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Deals with relationships between peopleAffect person-to-person relationships
Examples: Breach of Contract Torts Wills and Trusts Corporation Law
Civil Law
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Embodies the whole area of law that exists between persons or between citizens and their government.
Some civil law is public and some is private.A suit by the government against a citizen is
public even though it may involve a civil wrong.
Criminal Law
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Involves a wrong against the public as a whole
A person accused of a crime has violated society’s standard of conduct.
Although the crime may also involve a civil wrong, such as assault and battery, criminal law is public law.
How to read a case
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Assignment 3 – Reading a casePart of a reported case – how do you read a
published case?
Discussion Topics
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What area of law are you most attracted to at this point?
What has surprised you the most about the American legal system?
Final Exam
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Discussion
Instructor Evaluations
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Please give as much feedback as you feel appropriate about both the course and the instructor.
Evaluations are entered directly into the system – I will not see these until after grades are posted.
Only way we improve is when we know what is working and what is not!
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Questions?