Week 1 Notes: Legal System and Legislative Process

Week 1: Legal System and Legislative Process

• Overview: This week introduces the legal system, how laws originate, and the legislative process. You were given a document on the origins of our laws and should read Chapter 1 (pages 2–11) in your textbook. End-of-chapter questions are useful review but not always required to turn in unless explicitly asked.

• Core aim of the course segment: Understand the legal system used in the United States, how new laws are created, and the interaction between different types of laws and court systems.

• Key distinctions introduced:

  • Laws are classified by their source (how they’re created).
  • Courts are classified by the types of cases they hear, their jurisdiction, and their location.
  • Legislature is one primary source of law in the United States.

• Important practical note for students:

  • There is a strong emphasis from Texas Court Reporters Association (TCRA) on protecting court reporting as a profession.
  • There are paid lobbyists watching legislation for potential harm to court reporting/stenography, including issues around digital records, the guardian/keeper of the record, and AI.
  • AI will not replace court reporters; the official court record must be preserved by a human court reporter.
  • Your role is to develop strong theory and practical skills; job opportunities exist and there is pressure to graduate quickly but maintain quality.

• Historical and foundational context:

  • The document references history extending back to biblical times; the Ten Commandments are described as the first written laws (five relate to God, five relate to human relations).
  • Common law traces origins to later legal traditions (Latin, Greek, Roman law) and is the basis for many modern legal systems.

• Core legal concepts introduced:

  • Common law: body of law created by judges’ decisions (judge-made law). These written decisions become precedents.
  • Precedent: past court decisions that may bind future cases.
  • Stare decisis: the doctrine that courts will follow precedents when deciding current cases with similar facts.
  • Statutory law: law created by legislatures (state legislatures and the U.S. Congress).
  • Constitutional law: law derived from interpreting the U.S. Constitution; holds precedence and provides framework for other laws.
  • Regulatory law: rules created by administrative agencies and interpreted by courts.

• Types of law summarized:

  • Common law: judge-made, from written decisions.
  • Statutory law: enacted by legislatures.
  • Constitutional law: interpretation of the Constitution.
  • Regulatory law: agency rules and agency interpretations.

• The U.S. court system (high-level structure):

  • State courts and federal courts exist as parallel systems under the government.
  • Courts are the organs of government responsible for applying law and administering justice.
  • A judge (or magistrate) presides over courts, interpreting the law (not questions of evidence).
  • Judges can be elected or appointed; specifics vary by state (e.g., Bexar County, Texas).

• Major categories of courts (Texas focus with general federal context):

  • Municipal court: handles minor criminal matters and small civil claims (often under 1{,}500). Municipal courts may or may not be courts of record (often no court reporter, no official record).
  • Circuit court: hears civil and criminal cases across several counties; e.g., landlord dispute for 2{,}000 could go to circuit court.
  • Juvenile court: handles juvenile delinquency and abuse/neglect cases; may or may not be a court of record.
  • Chancery court (equity court): administers justice on the basis of fairness, not strictly by statutory law; can issue non-monetary equitable remedies (e.g., specific performance in contract breaches); presided over by a chancellor; not a criminal court.
  • Probate court: administers wills, appoints guardians, and handles adoptions of minors; probate and chancery courts are courts of record in many states (some states combine them).
  • Other specialized courts: child support courts, various misdemeanors, traffic court, etc.
  • Appellate structure within a state: each state typically has at least one appellate court (intermediate court or a state supreme court).
  • Federal system: district courts (trial courts), courts of appeals, and the U.S. Supreme Court.
  • The US Fifth Circuit Court governs Texas in the federal appellate system.
  • The U.S. Supreme Court: highest court in the United States; consists of 9 Justices (1 Chief Justice + 8 Associate Justices); justices are nominated by the president, approved by the Senate, and serve for life; established under Article III of the U.S. Constitution.
  • Special federal courts include:
  • U.S. Bankruptcy Court (bankruptcy cases; bankruptcy judges preside).
  • U.S. Tax Court (limited jurisdiction; interpretation of the Internal Revenue Code).
  • U.S. Court of Federal Claims (claims against the United States).
  • Other specialized courts: US Court of Appeals for the Federal Circuit, U.S. Court of Veterans' Appeals, U.S. Court of Military Review, U.S. Court of International Trade.

• Officers of the court (typical roles across jurisdictions):

  • Clerk of the court: files pleadings, motions, judgments; issues service of process; maintains records and calendars.
  • Bailiff: maintains order during court sessions; custody of jury and prisoners.
  • Judge: presides over court, rules on questions of law (not evidence); interprets laws; in some contexts the term magistrate is used for junior or specialized judicial officers.
  • Justice of the peace: an officer who may operate in certain courts.

• The U.S. Legislature and its processes (federal and state context):

  • The United States Congress is bicameral: House of Representatives and Senate.
  • House of Representatives: number of seats determined by state population (435 total in the federal House).
  • Senate: 2 senators per state (102 total in the federal Senate).
  • Representatives serve 2-year terms; Senators serve 6-year terms.
  • Legislative sessions can be called or extended by the governor (state) or the president (federal); sessions may vary in length and may occur without a predetermined end date ( sine die = without day).
  • Types of bills and their status:
  • Marked up bill: amended or revised version.
  • Engrossed bill: final form ready to be voted on.
  • Enrolled bill: passed by both houses and prepared for signature.
  • Veto: the executive’s refusal to sign a bill into law.
  • Pocket veto: indirect veto by not signing before adjournment; not an explicit written veto.
  • Line-item veto: power to veto specific appropriations within a bill (often at the state level).
  • Budgetary and spending instruments:
  • Appropriations bill: authorizes spending of public money.
  • Authorization bill: authorizes spending by approved appropriations.
  • Private bill: affects specific individuals or localized issues.
  • Public bill: general, nationwide impact.
  • Omnibus bill: consolidates multiple issues into one bill.
  • Other resolutions and concurrent resolutions: additional legislative instruments.

• Key terms and recap for the legal system:

  • Court types described by their jurisdiction and scope: trial courts vs appellate courts; general jurisdiction vs limited jurisdiction; municipal, circuit, court of appeals, and supreme court.
  • District courts (federal) are trial courts; appellate courts review trial court decisions; the Supreme Court is the ultimate appellate authority.
  • The law sources include:
  • Common law (judge-made, precedents).
  • Statutory law (legislation).
  • Constitutional law (interpretation of the Constitution).
  • Regulatory law (agency rules and interpretations).

• Review questions to test comprehension (sample topics from the lecture):

  • What is a court of record? Are all courts courts of record?
  • What is the difference between a court of limited jurisdiction and one of general jurisdiction?
  • Which courts are the trial courts in the federal system?
  • What types of cases do probate courts hear?
  • Which court is the highest court in the United States?
  • Who presides over hearings in a chancery court?
  • What is juvenile delinquency, and what processes are involved?
  • What is the difference between an act and a bill?
  • What type of bill authorizes spending money? What type sets the amount that can be spent?
  • What is the difference between a regular session and a special session of the legislature?
  • How long do U.S. senators serve? How long do U.S. representatives serve?
  • What is an omnibus bill? What is the difference between a public bill and a private bill?

• Connections to course goals and real-world relevance:

  • Understanding the legal system supports accurate court reporting and record-keeping.
  • Awareness of how laws are created and interpreted helps future practitioners anticipate how legal terminology is used in practice.
  • Knowledge of the role of lobbyists, agencies, and AI in shaping the landscape of court reporting and records governance.

• Minor but notable details and examples mentioned in the lecture:

  • A landlord–tenant example illustrating how civil cases can involve monetary disputes across court types.
  • The safeguarding role of court reporters as guardians/keepers of the record against challenges from digital or AI systems.
  • The historical thread from biblical law to common law and the influence of Latin, Greek, and Roman legal traditions.
  • The practical emphasis on developing strong theory plus practical skill to enter the workforce efficiently.

• Ethical and practical implications discussed:

  • The integrity of the official record is paramount; AI alone cannot replace the court reporter.
  • Lobbying efforts aim to protect the accuracy, reliability, and admissibility of records.
  • Professional diligence in theory and practice is essential to meet job demands and legislative changes.

• Historical and foundational notes to remember:

  • Ten Commandments described as the earliest written laws, with a dual relationship: to God and to others.
  • The evolution from ancient legal systems to modern common-law-based structures continues to influence today’s statutes and court decisions.

• Final takeaway for Week 1:

  • Grasp the distinction between sources of law, types of law, and the court system, including how the legislature creates laws and how those laws are interpreted and applied by courts.
  • Be prepared to connect historical context, ethical considerations, and practical implications for court reporting in real-world settings.