Introduction To The Legal System

Three branches of the US Government:

1) Judicial
2) Legislative
3) Executive

How are federal laws passed?

By the Legislative Branch/Congress

Who enforces federal laws?

Executive Branch/President

Who interprets the federal laws?

Judicial Branch/resolves disputes and decides if actions taken by the president are constitutional

True or False: Judges within the Judicial Branch depend on the Executive Branch to enforce court decisions

True

True or False: Some conduct is governed the state, others by the federal court legal system. Sometimes the state and federal rules both apply

True

True or False: The constitution authorizes Congress to create a system of lower courts. Currently 94 District and 13 Appeals Courts sit below the United States Supreme Court

True

Information about the United States Supreme Court (USSC)

1) Final arbiter of federal law
2) Court of last resort for cases within its jurisdiction
3) Similar to the Appellate Courts that sit below it, its job is to determine whether district and circuit court of appeals applied law correctly
4) Nine justices on USSC and about 8 cases brought each term, but the USSC only heard about 80 per term
5) Court of last resort, and decides Constitutional issues

Information about the Federal Appeals Court - Court of Appellate Jurisdiction

1) Just above the district courts = US courts of appeals
2) Job is to determine whether the district court made any error in deciding the case. It would have multiple judges and not use jury
3) 94 Federal Judicial Districts are organized into 12 Regional Circuits, each has a court of appeals. Also a court of Appeals for Federal Circuit in DC, bringing the number of federal appellate courts to 13

Information about the Federal District Court - Court of Original Jurisdiction

1) Trial courts-ish; Federal cases begin here and district court resolve disputes by determining the facts of the case and applying the law to decide who is right

2) Typically include district judge and jury
3) Special courts - claims, bankruptcy, tax, courts of original jurisdiction, etc.

Typical Court Breakdown

State = most tort, contract, family, and criminal
TC: Trial Court = parties bring their claims

ICoA: Intermediate Court of Appeals = Parties who are dissatisfied with the ruling take it there
AP: Appellate Court = parties who are dissatisfied with the AP can take it to there and second appellate court being supreme court

When reading cases, look at what state it is and learn the order of their courts to see which court is issuing the opinion

What set of law controls a given dispute?

The laws from both federal and state stem from three primary sources:

1) US and State Constitutions
2) Statutes

3) The Common Law

Constitutions

1) US Constitution defines the structure of the national government and dictates the scope and limitation of its powers. Laws are measured against it. The application of the articles and amendments of the Constitution comprise constitutional law.
2) Each state has its own constitution and own body of constitutional law. They resemble the Federal Constitution in that they outline the government’s structure of legislative/executive/judicial branches and Bill of Rights

Statutes & Administrative Regulations

1) In both Federal and State legal systems, the Legislative branch of government creates law by enacting statutes that govern the rights and duties of the people within that jurisdiction.
2) Though legislators enact statutes, they authorize admin agencies to create regulations that help interpret and clarify what statutes mean

Common Law

1) Some laws don’t have their source in a Constitution or Statute. Rather, they evolve from court decisions.
2) A judge made law = common law = derived from judicial decisions

What are secondary sources and what do they do?

They discuss, explain, analyze, and critique the law. They are not the law themselves.
Examples:
- Restatements
- Law journals
-Treatises

Restatements:

Just restate the legal rules that make up the Common Law in a particular area. They are not controlling. If accepted verbatim in a state law, then they are controlling

Judge Conundrum:

Have rules that are fair and further legislative intent/policy concerns. But, legal systems want predictability and consistency in how our laws are interpreted

Stare Decisis:

To stand by that what is decided; legal doctrine that obligates courts to follow historical cases when making a ruling on a similar; Binds courts to follow legal precents set by previous decisions

What makes a precedent?

A unique case with hardly any past reference material may become a precedent when the judge makes a ruling on it. Also, the new ruling on a similar case replaces any prior precent that’s been overruled in a current case.

What are courts obligated to do under the doctrine of Stare Decisis?

Courts are obligated to uphold their prior rulings or the rulings made by a higher courts within the same court system. However, a higher court or the same court that made the precedent may choose to overrule the law created in the previous case - which establishes a new precedent.

When is a court obligated to follow precedent?

The doctrine operates both horizontally and vertically. Ohio state appellate court must follow their precedent - this is horizontal stare decisis. Similarly, it must also follow Ohio Supreme Court precedent and US Supreme Court precedent, this is vertical stare decisis

Are states required to follow other Stare Decisis of other states?

No, they are not required to follow the Stare Decisis of other states. However, if a case occurs in state X, and state Y has faced something similar, state X can review the precedent of state Y when it comes to setting its own precedent.

How does an issue make its way through the court system?

1) Civil Action Begins
2) Answer
3) Discovery
4) Pre-Trial
5) Alternative Dispute Resolution
6) Trial
7) Appeal

What is Civil Action?

It begins with a complaint.
A complaint is a document that lays out the claims that the Plaintiff has against the Defendant

What is an Answer?

Once the Defendant receives the complaint, they have to answer within a certain time (typically approximately 3 weeks). The answer says wat portions of the complaint, if any, the defendant admits to contests, defenses, and if there are any claims against the Plaintiff.

Note: If the Defendant doesn’t answer a court may enter a “default judgement” against Defendant and Plaintiff wins

What is Discovery?

Parties exchange documents relevant to litigation.
Examples Included:
Questions, in real life interviews, production of items, and other items.

Information obtained in discovery is used in prepping the case for the trial

What are Pre-Trial Motions?

One or both parties will attempt to get rid of the case, or portions of the case, by motions. Parties present to the court those issues that are not in dispute - either because parties agree as facts or because application of law to the facts dictates result.
Theory = claim/lawsuit can’t win, have judge handle it instead of losing money

What is Alternative Dispute Resolution?

Sometimes parties can voluntarily resolve all of the issues through alternative dispute resolution such as mediation, arbitration, or even settlement.
Note: If settlement is reached, the agreement resolves all issues between the parties and court is little to none involved. If no agreement is reached, it goes to trial.

What is a Trial?

Attorneys or parties present evidence and arguments for each side, and judge/jury decides the unresolved issues. Once judge/jury reach a decision, the judge will order that judgement be entered for party who wins.

What is an Appeal?

Either of both parties can appeal a judge’s decision to a higher court.