The Structure of our Courts

Legal Research and WritingOrientation

August 14, 2003

Source of Law:The United States Constitution

Allocates powers between state and federal system.

Establishes Federal Court System

Allow for state constitutions to provide framework for state governments and court systems.

What Does Federalism Mean? The Constitution

1) grants powers to the federal government,

2) states it may enact any laws that are "necessary and proper" to exercising these powers, and

3) asserts that all powers not granted to the national government are retained by the states(10th Amend.)

Federalism: Legislatures

Federal Powers Concurrent Powers State Powers

Coin money

Conduct foreign relations

Interstate commerce

Police powers

Intrastate commerce

Conduct elections

Tax

Borrow money

Make and enforce laws

What Does it mean to say we have a Dual Court System?

Jurisdiction

What does jurisdiction mean?

What does general versus limited mean?

How do you get state law jurisdiction?

How do you get federal jurisdiction?

-Diversity

-Federal Question

The Source of Law Comes From All Three Branches of Government.

United States and Alabama Constitutions

Legislative BranchU.S. Const., Article IAla. Const., Article IV

Executive BranchU.S. Const., Article IIAla. Const., Article V

Judicial BranchU.S. Const., Article IIIAla. Const., Article VI

All three branches of government have some lawmaking power.

The Legislative Branch

How does the Legislative Branch make law?

By enacting statutes by way of the authority granted to them by federal or state constitutions.

The Executive Branch

How does the Executive Branch make law?

Through Executive Orders

Congress can also give the Executive Branch power to promulgate regulations in order to enforce legislation

The Executive Branch

Can you think of an example of how Congress gives the Executive Branch power to implement legislation?

The Internal Revenue Service(which is part of the Executive Branch), promulgates regulations needed to implement Internal Revenue Code (which is legislation adopted by Congress).

The Judicial Branch

What are two ways the Judicial Branch develops law?

1) By interpreting constitutional and statutory law and applying them to factual circumstances

2) Through the creation of judge made law arising in situations not covered by constitutional or statutory law.

Typical Court Hierarchy

Trial courts– Fact-finding

Appellate courts– Corrects Errors

Supreme Court– Make law

The Federal Court System

The U.S. Supreme Court

The U.S. Supreme Court hears selected appeals from the United States Courts of Appeals.

It does not decide questions of state law.

It will hear appeals from the highest state courts only where the state court's decision has been based upon federal law

Federal Courts by Circuit

The Courts of Appeals are divided into 13 Circuits

The Alabama Court System

Supreme Court of Alabama

Court of Civil Appeals Court of Criminal Appeals

Circuit Courts

Probate Courts

District Courts

Municipal Courts

Alabama Judicial Circuits

What is the mandate of our court system? (i.e. what is the job of our courts?)

One possibility is that courts are supposed to dispense justice.

Another is that they are supposed to find and apply the correct law.

The first possibility is too liberal. The second is too rigid. Neither describes what courts do.

Equitable vs. Legal Claims

In England, the Courts of Common Law dispensed Justice and the Courts of Chancery were created in contrast, when common legal remedies were too harsh or inadequate.

Although we do not have this kind of duality, remnants of this idea are implicit in what we call legal as opposed to equitable claims

The Common Law

Common law, or “case law” which has its roots in the English system varies from state to state. There are however common views on general principles. (Restatement of Torts, contracts, etc.)

Federal courts do not engage in the creation of common law but have retained case law in a few restricted areas such as procedural court rules and admiralty law.

Creating the Common Law

State v. Blight

(adapted from)

Regina v. Dudley & Stephens,(1884)