JACK FRIERYUCSD EXTENSION

CLASS 3 OF 3

Introduction to the Legal System

Review the Sources of Law

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ConstitutionsTreatiesStatutesAdministrative AgenciesCase LawCommon Law Tradition

Review of Court System

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Most States have a three - tiered system of courts Trial Intermediate Appellate Supreme Court (Appellate)

Federal Court System also has three levels of courts

Odds & ends: small claims, bankruptcy courts

Three systems simultaneously

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Federal Congress President & administrative agencies U.S. Supreme Court, U.S. Court of Appeals, U.S.

District Court State

Legislature Governor & state administrative agencies State courts

Local City or County Council Mayor or County Supervisor & local administrative

agencies Local courts

Jurisdiction & Venue

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Jurisdiction pertains to the authority to hear the type of case by the court Personal Property Subject-matter

Venue is the location of the Courthouse Downtown vs. North County

Litigation Flow Chart

Pleadings

Discovery

Trial

Post-Trial

Appeal

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Classifications of Law

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Substantive and Procedural LawPublic and Private LawCivil and Criminal Law

Classifications ChartClassifications of Law

Civil Criminal

Substantive Procedural Substantive Procedural

Tort

Contract

Law or Equity

Law or Equity

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Substantive Law

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Laws that regulate, define and establish legal rights and obligations. Examples:

Contracts Real Property Administrative Torts Trusts and Wills Criminal Law Constitutional Law Corporations

What our rights and obligations are as a member of society?

Procedural Law

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Establishes the methods of enforcing the substantive laws. Examples:

Federal and State Rules of Evidence Rules of Civil Procedure Rules of Criminal Procedure

How we apply and enforce the substantive rights

Public Law

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The relationship between persons and their government Examples

Constitutional Law – right to vote, a voice in government Administrative Law – entitlements through agency –

Social Security Criminal Law – crimes against society, even though the

crime might be committed against an individual

Private Law

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Deals with relationships between peopleAffect person-to-person relationships

Examples: Breach of Contract Torts Wills and Trusts Corporation Law

Civil Law

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Embodies the whole area of law that exists between persons or between citizens and their government.

Some civil law is public and some is private.A suit by the government against a citizen is

public even though it may involve a civil wrong.

Criminal Law

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Involves a wrong against the public as a whole

A person accused of a crime has violated society’s standard of conduct.

Although the crime may also involve a civil wrong, such as assault and battery, criminal law is public law.

How to read a case

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Assignment 3 – Reading a casePart of a reported case – how do you read a

published case?

Discussion Topics

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What area of law are you most attracted to at this point?

What has surprised you the most about the American legal system?

Final Exam

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Discussion

Instructor Evaluations

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Please give as much feedback as you feel appropriate about both the course and the instructor.

Evaluations are entered directly into the system – I will not see these until after grades are posted.

Only way we improve is when we know what is working and what is not!

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Questions?