Introduction to American Law

Government and Legal System

Sources of Law

Constitutional Legislative Administrative Local or Municipal Common Law

Federalism

Vertical• State and Federal Government• Federal Supremacy

Horizontal• Between States• Comity

Constitutional Branches

Executive• President• Administrative Agencies

Legislative• Representative• Bicameral

Judicial

Constitutional Provisions

Structural• Separation of powers• Branches of government

Enumerated Legislative Powers• Commerce• War• Intellectual Property

Constitutional Provisions

Inherent Limitations• Scope of powers• Extent of powers

Express Limitations• Stated in grant of power• Bill of Rights

Constitutional Provisions

First Amendment• Freedom of speech, assembly, press• Freedom from religious establishment• Free exercise of religion

Commerce Power• Domestic and Foreign• Dormant commerce power

Court Systems

State• Trial court• Intermediate appellate• Final appellate

Federal• Supreme Court• Federal and state cases

Adversarial System

Parties control litigation• Initiation• Progression• Settlement

Judge’s role• Neutral arbiter• “referee”

Burdens of Proof

Assigned to Party Claims and Defenses Quantum of Proof

• Preponderance• Clear and Convincing• Beyond a Reasonable Doubt

Law and Equity

Historical Division British Crown and Chancery Remedial Powers

• Damages• Injunction• Other remedies

Merged in most U.S. courts

Trial Court

Complaint Answer Discovery Interlocutory motions

• Summary judgment

Trial Post-trial motions

Trial Court

Fact Finding• Physical evidence• Testimony• Building a record

Legal Rulings Initial Disposition

Judge and Jury

Legal determinations• Substantive• Procedural

Factual determinations Jury instructions

• Standard• Submitted by parties

Juries

Jury as of right• Criminal trials• Civil trials at law

Six to twelve persons• Chosen from community• Required service

Intermediate Appeal

Three-judge panel Review of trial court record Oral argument by attorneys

• No new evidence• Extensive written briefs• Determination of trial court error

Intermediate Appeal

Standard of Review• Legal determinations: de novo• Factual determinations: clear error• Discretionary rulings: abuse of discretion• Jury decisions: no reasonable jury

Highest Court

State Supreme Court• State Law• Federal Questions

United States Supreme Court• Federal issues• Mandatory appeal• Certorari

Judicial Precedent

Binding decisions• Higher and lower courts• Past and future courts

Stare decisis• Respect for earlier rulings• Stability• Overruling previous holdings

Judicial Opinions

Guidance• Lower courts• Bar and public

Persuasion• Present colleagues• Future courts• Past courts

Legal Reasoning

Analogical Deductive Inductive Interpretive

Statutory Interpretation

Plain meaning Legislative history Context Social purpose Canons of construction

• Negative implication• Specific over general

Reading Judicial Opinions

Identify issues• Legal question addressed

Identify holdings Identify reasoning

• Fact specific• Broader precedential value

Identify hidden results or implications

Questions and Discussion