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Introduction to Legal Process in the United States. Sources of law Court system Judicial process Alan R. Palmiter – Jan. 2005. (1) Sources of law. Legislative Administrative Judicial Federalism: federal (supreme) vs. state. (1) Sources of law. Legislative (Congress) Constitution - PowerPoint PPT Presentation
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Introduction to Legal Processin the United States
(1) Sources of law(2) Court system(3) Judicial process
Alan R. Palmiter – Jan. 2005
(1) Sources of law
Legislative Administrative Judicial
Federalism: federal (supreme) vs. state
(1) Sources of law
Legislative (Congress)– Constitution– Statutes– Legislative history
(1) Sources of law
Administrative (Securities & Exchange Commission)
– Regulation (rules)– Agency decisions– Opinions– No-action letters
(1) Sources of law
Judicial (federal courts)– Constitutional review– Statutory interpretation– Common law (precedent)
(2) Court systems
Federal State (North Carolina)
(2) Court systems
Federal – US Supreme Court– US Courts of Appeals– US trial courts
US District Courts Special courts
– US Claims Court– US Bankruptcy Court– US International Court of Trade– US Tax Court
(2) Court systems
Federal – US Supreme Court
Discretionary review (from federal courts of appeal and state supreme courts)
Original jurisdiction (state vs. state) Appointed for life by President (Senate confirms)
– US Courts of Appeals– US District Court
(2) Court systems
Federal – US Supreme Court– US Courts of Appeals
Appeal of right from US trial courts Review of errors (primarily legal) 11 regional circuits / DC Circuit / Federal Circuit
– US District Court
(2) Court systems
Federal – US Supreme Court– US Courts of Appeals– US District Court
Limited jurisdiction (federal questions / diversity cases) Exclusive / concurrent jurisdiction Juries for $ damages / judges for injunctions
(2) Court systems
State (North Carolina)– NC Supreme Court– NC Court of Appeals– NC trial courts
Superior court District courts Magistrate court Small claims court
(2) Court systems
State (North Carolina)– NC Supreme Court
Discretionary review (questions of law) Elected (7 justices)
– NC Court of Appeals– NC trial courts
(2) Court systems
State (North Carolina)– NC Supreme Court– NC Court of Appeals
Appeal of right from superior courts Review of errors (factual / legal) 15 elected judges (appeals heard by 3-judge panels)
– NC trial courts
(2) Court systems
State (North Carolina)– NC Supreme Court– NC Court of Appeals– NC trial courts
Superior court: felonies / civil > 10K / jury trial District courts: minor criminal / civil <10K / family law Magistrate court: traffic court / small civil <4K Small claims court: small civil <4K, pro se (no attorney)
(2) Court systems
State (North Carolina)– NC Supreme Court– NC Court of Appeals– NC trial courts
Special business court: by reference– Sits throughout state– One appointed judge– All filings in electronic form
(3) Judicial process
Pleading
Discovery
Pre-trial
Trial
Post-trial (appeals)
Filters at each stage
(3) Judicial process
Pleading Complaint (individual or class action) Answer (counterclaim / cross-claim)
Filters – Default judgment– Motion to dismiss– Rule11 sanctions
(3) Judicial process
Discovery Depositions Interrogatories Document requests Examinations (physical and mental) Admissions
Filters– Discovery sanctions
(3) Judicial process
Pre-trial– Settlement conference– Alternative dispute methods: mediation /
arbitration– Pre-trial conference
Filters– Summary judgment– Voluntary dismissal (settlement)
(3) Judicial process
TrialJury / bench trialLive, continuous: witness / exhibits Rules of evidenceLawyer arguments
Filters– Directed verdict (judgment as matter of law)
(3) Judicial process
Post-trial (appeals) Reopen case before appeal Enforcement of judgment Appeal (on record)
Filters – Judgment notwithstanding verdict (NOV)– Appeal: affirm, reversal, remand
