I. MANAGERIAL APPROACH

II. AMERICAN LEGAL SYSTEM I

III. WRAP-UP

CHECKS & BALANCES: 3 BRANCHES

Executive branch

Legislative branch

Judicial branch

CHECKS & BALANCES: 3 BRANCHES Executive branch:

Who: President and governors What: Enforce laws; request legislation

Legislative branch: Who: Congress and state legislatures What: Enact new laws and amend

existing ones

CHECKS & BALANCES: 3 BRANCHES

Judicial branch:

Who: Federal and state courts What: Interpret laws

CHECKS & BALANCES

LAW MAKING & INTERPRETATION: EXAMPLE #1

Congress: Enact “National Labor Relations Act”

Admin. agency (NLRB): Promulgate Agency regulations according to the Act

Federal & state courts: Case law (decisions)

CHECKS & BALANCES

PROCESS OF MAKING & INTERPRETING LAW: EXAMPLE #2

Congress: Enact “Americans with Disabilities Act”

Admin. agency (EEOC): Promulgate agency regulation

Federal & state Courts: Case law (decisions)

U.S. COURT SYSTEM (DUAL)

State courts: Trial court, appellate court, highest state court (mostly “Supreme Court”)

Federal courts: Trial court (Federal District Court), appellate court (Federal Circuit Court of Appeals), highest court (U.S. Supreme Court)

U.S. COURT SYSTEM

EXAMPLE #1: STATE COURT SYSTEM (CT)

Trial: Superior Court Appellate: Court of Appeals Highest: Supreme Court

U.S. COURT SYSTEM

EXAMPLE #2: STATE COURT SYSTEM (OH)

Trial: Court of Claims & Common Pleas Appellate: Courts of Appeals Highest: Supreme Court of Ohio

U.S. COURT SYSTEM

EXAMPLE #3: 6th Circuit

Trial: Federal District Court of Northern Ohio

Appellate: Courts of Appeals (Cincinnati) Highest: U.S. Supreme Court

WHAT TRIAL COURTS DO

Early decision before discovery or full trial Summary judgment Preliminary injunction

Find facts (evidence) of case

WHAT APPELLATE COURTS DO

Affirm: Uphold decision of lower court

Reverse: Losing party becomes winner

Remand: Send the case back to the lower court with instructions how they must reexamine it

WHAT THE HIGHEST COURT DO

Discretionary jurisdiction Can choose cases to hear Certiorari: Determines whether the Supreme Court

reviews a case

Decides legal error only (not factual issues)

Court of last resort: U.S. Supreme Court Case of big implications only State Supreme court cases can go to the U.S.

Supreme Court

TYPE OF CASE: CRIMINAL CASE

Prosecute suspects charged with a crime against people (= the state)

Right to jury trial (always)

Must prove guilt beyond a reasonable doubt

TYPES OF CASE: CIVIL CASE

Cases of a noncriminal nature (e.g., contract dispute, employment discrimination, torts)

May proceed with a jury, or without a jury

Must prove the case by a preponderance of evidence (= likely than not)

JURISDICTION

A court’s power to hear & enforce the case

Why limiting jurisdiction Due Process (U.S. Constitution, “fundamental fairness”)

JURISDICTION: TWO TYPES

Personal jurisdiction: The person must have enough relationship with the state where the court sits (“minimum contact”)

Subject matter jurisdiction: The kind of case that can be heard by the court

FEDERAL COURT’S JURISDICTION

1st type: Federal law cases

2nd type: A dispute between parties from different state with amount of controversy over $75K (“diversity jurisdiction”)

STATE COURT’S JURISDICTION

May hear both federal & state law claims

Defendant in a civil action may move the case to federal court of the region

ANATOMY OF COURT PROCEEDINGS: HOW A TRIAL ENDS

Early dismissal

Summary judgment Dismissed for failure to state a

claim

ANATOMY OF COURT PROCEEDINGS: HOW A TRIAL ENDS

Settlement Out of court settlement between parties Settlement upon court’s approval

Full trial on merits of the case

LEGAL ANALYSIS: CONSTITUTION

Only court can interpret Constitution

Court may strike down a statute or agency regulation if unconstitutional

LEGAL ANALYSIS: STATUTE

Canon 1: “Any ambiguity? If not, end of story”

Canon 2: “If ambiguous, does the interpretation of statute give effect to the legislative intent?”

LEGAL ANALYSIS: INTERPRETATION OF STATUTE

Problems

Two canons may be conflicting each other

Legislative intent might not be clearly given

LEGAL ANALYSIS: AGENCY REGULATION

Great deference to agency’s interpretation

“Whether the agency's [regulation] is based on a permissible construction of the statute [to give effect to the legislative intent.]” Chevron v. NRD. 467 U.S. 837 (1984)

LEGAL ANALYSIS: COMMON LAW

Common law: case law made by judges over time

Stare decisis: You must follow if precedent binds

Binding precedents: Higher court decision within controlling jurisdiction

Persuasive precedent: Decision made in other jurisdictions; not binding

LEGAL ANALYSIS: COMMON LAW

How to use a case in favor of you

If it supports: Analogize the case If not: Distinguish the case

AMERICAN LEGAL SYSTEM

Each of three branches have unique function in the law making system (all three make some law)

Federal & state system (trial + appellate + highest)

Criminal & civil cases have different standards

AMERICAN LEGAL SYSTEM

Jurisdiction: A court’s power to hear cases

Anatomy of court proceedings: Complaint answer discovery settle or trial

Legal analysis: How to interpret U.S. Constitution, statute, agency regulation, case law