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1
CHAPTER 4CHAPTER 4
TheThe
American Legal American Legal
SystemSystem
and a few other things of interest and and a few other things of interest and importanceimportance
2
REMEMBERREMEMBER
Free market approach on the Free market approach on the extreme right.extreme right.
Command Economy (rules) Command Economy (rules) principles on the far left.principles on the far left.
Mixed economy, a combination of Mixed economy, a combination of markets and rules in the center.markets and rules in the center.
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OBJECTIVES OF THE LAWOBJECTIVES OF THE LAW
1.1. Maintain orderMaintain order
2.2. Resolve conflictResolve conflict
3.3. Preserved dominant valuesPreserved dominant values
4.4. Guarantee freedomGuarantee freedom
5.5. Achieve and preserve justiceAchieve and preserve justice
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LOTS OF DEFINITIONSLOTS OF DEFINITIONS
Make it simple on yourself, just Make it simple on yourself, just memorize them if you don’t memorize them if you don’t already know them-because, already know them-because, you will hear them again and you will hear them again and
again.again.
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SUBSTANTIVE LAWSUBSTANTIVE LAW
ORC 2903.13 Assault.ORC 2903.13 Assault. (A) No person (A) No person shall knowingly cause or attempt to cause shall knowingly cause or attempt to cause physical harm to another or to another's physical harm to another or to another's unborn. unborn.
(B) No person shall recklessly cause (B) No person shall recklessly cause serious physical harm to another or to serious physical harm to another or to another's unborn. another's unborn.
(C) Whoever violates this section is (C) Whoever violates this section is guilty of guilty of assaultassault. Except as otherwise . Except as otherwise provided in division (C)(1), (2), (3), (4), or provided in division (C)(1), (2), (3), (4), or (5) of this section, (5) of this section, assaultassault is a is a misdemeanor of the first degree. misdemeanor of the first degree.
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PROCEDURAL LAWPROCEDURAL LAW
Ohio Rules of Evidence: Rule 402. Ohio Rules of Evidence: Rule 402. Relevant Evidence Generally Relevant Evidence Generally Admissible; Irrelevant Evidence Admissible; Irrelevant Evidence InadmissibleInadmissible All relevant All relevant evidenceevidence is is admissible, except as otherwise provided admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of the United States, by the Constitution of the State of Ohio, by by the Constitution of the State of Ohio, by statute enacted by the General Assembly statute enacted by the General Assembly not in conflict with a rule of the Supreme not in conflict with a rule of the Supreme Court of Ohio, by these rules, or by other Court of Ohio, by these rules, or by other rules prescribed by the Supreme Court of rules prescribed by the Supreme Court of Ohio. Ohio. EvidenceEvidence which is not relevant is which is not relevant is not admissible. not admissible.
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THE FEDERAL COURT SYSTEMTHE FEDERAL COURT SYSTEMTHE FEDERAL COURT SYSTEMTHE FEDERAL COURT SYSTEM
Primary Trial Court
Trial Courts of Limited (Specific) Jurisdiction
United StatesSupreme Court
(Highest Appeals Court)
Lower Appeals Courts
U.S. District Courts
U.S. Bankruptcy
Courts
U.S. Tax Courts
Various Federal
Agencies
U.S. Court of International
Trade
U.S. Claims Court
U.S. Patent & Trademark
Office
Trial Courts of Limited (Specific) Jurisdiction
Three judges hear each case, brought up from
the District Courts.
Nine Justices; appointed for life; may refuse to hear a case; final authority
NOTICE THE DIFFERENCE – 12 COURTS VS 1
U.S. Courts of Appeals (12
Circuits)
U.S. Court of Appeals for the Federal Circuit
Hears appeals from specialized trial courts.
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Circuits in the Federal Court Circuits in the Federal Court SystemSystem
Puerto Rico is part of Circuit 1
Virgin Islands are part of Circuit 3
Northern Marianna Islands are part of Circuit 9 (along with Alaska and Hawaii.)
D.C. CircuitWashington, D.C.
Federal CircuitWashington, D.C.
6
1
2
3
4
11
5
7
89
10
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STATE COURT SYSTEMSTATE COURT SYSTEM
Trial Courts of General Jurisdiction
Trial Courts of Limited (or Specific) Jurisdiction
State Supreme Court (Highest Appeals Court)
Lower Appeals Courts
General Civil
Division
General Criminal Division
Small Claims
Division
Municipal Division
Juvenile Division
Probate Division
Land Division
Domestic Relations Division
One judge; may have jury
One judge; may have jury
Three judges; never a jury
Usually 7 Justices; may refuse to hear a case; final authority
Click on any box below for a definition of the jurisdiction of that trial court.
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CIVIL TRIALCIVIL TRIAL
4 STAGES4 STAGES
1.1. PleadingsPleadings
2.2. DiscoveryDiscovery
3.3. TrialTrial
4.4. AppealAppeal
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PLEADINGSPLEADINGS
1.1. ComplaintComplaint
2.2. AnswerAnswer
3.3. Maybe-counter-claim or Maybe-counter-claim or cross claimcross claim
4.4. Reply if necessaryReply if necessary
5.5. Preliminary motionsPreliminary motions
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DISCOVERYDISCOVERY
DEPOSITIONSDEPOSITIONS WRITTEN INTERROGATORIESWRITTEN INTERROGATORIES REQUEST FOR ADMISSIONSREQUEST FOR ADMISSIONS PRODUCTION OF DOCUMENTSPRODUCTION OF DOCUMENTS PHYSICAL EXAMSPHYSICAL EXAMS MENTAL EXAMSMENTAL EXAMS MOTIONSMOTIONS
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TRIAL - JURYTRIAL - JURY
1.1. Jury selection Jury selection 2.2. Opening StatementsOpening Statements3.3. Evidence by plaintiffEvidence by plaintiff4.4. Evidence by defendantEvidence by defendant5.5. Rebuttal evidence by plaintiffRebuttal evidence by plaintiff6.6. ArgumentsArguments7.7. InstructionsInstructions8.8. VerdictVerdict9.9. Post trial motionsPost trial motions
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TRIAL - COURTTRIAL - COURT
1.1. Opening StatementsOpening Statements
2.2. Evidence by plaintiffEvidence by plaintiff
3.3. Evidence by defendantEvidence by defendant
4.4. Rebuttal evidence by plaintiffRebuttal evidence by plaintiff
5.5. ArgumentsArguments
6.6. DecisionDecision
7.7. Post trial motionsPost trial motions
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APPEALAPPEAL
1.1. Filing the appealFiling the appeal
2.2. BriefsBriefs
3.3. ArgumentArgument
4.4. DecisionDecision
5.5. Further appeal?Further appeal?
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A SYSTEM GONE WILD?A SYSTEM GONE WILD?
Too many lawyers?Too many lawyers?
Too many lawsuits?Too many lawsuits?
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5 REASONS WHY YOU MAY 5 REASONS WHY YOU MAY NEED A NEW LAWYERNEED A NEW LAWYER
5.5. A prison guard is shaving your headA prison guard is shaving your head
6.6. Your lawyer tells you he has never Your lawyer tells you he has never told a lie.told a lie.
7.7. Your lawyer picks the jury by Your lawyer picks the jury by playing “duck-duck-goose”.playing “duck-duck-goose”.
8.8. When the prosecutors see your When the prosecutors see your lawyer, they high-five each other.lawyer, they high-five each other.
andand
31
THE #1 REASONTHE #1 REASON
YOUR LAWYER TELLS YOU YOUR LAWYER TELLS YOU HIS LAST GOOD CASE WAS HIS LAST GOOD CASE WAS
OF BUDWEISEROF BUDWEISER
32
See You in Court? Maybe NotStates have been cracking down on the types of suits that can be filed and how much can be recovered. Here’s a look at some of the restrictions.
33
Class-action restrictionsLegislatures in nine states have made it harder to combine large numbers of claimants in a single
lawsuit
34
Medical- malpractice maximums
Limits on damages, including pain and suffering, and similar measures have been approved
by 23 states
36
Barring out-of-state plaintiffsEight states, once meccas for out-of-state
plaintiffs, now curtail suits by people with no connection to the jurisdiction
37
Appeal-bond reformNearly three dozen states have limited the size of the bond needed to appeal a verdict, removing a
huge burden for companies
38
GunsSome 33 states have passed laws protecting firearms
makers from certain suits filed by gun victims
39
Obesity/junk foodLaws in 23 states keep you from suing the likes
of McDonald’s for making you fat
40
DrugsA number of states have made it harder to
win claims against pharmaceutical companies if their products have been approved by the
U.S. Food & Drug Administration