U.S. Legal System--Overview

Periodically, you will see a picture in the slides that looks like this:

These are important points that have a very high probability to show up on the exams. You should pay close attention to these slides.

Judge Judy--Ready to Rule!

Excuse Me, Excuse Me--I’m Judge Judy---

I WILL be back in touchwith you…..

Just cool your jets for now…

I’ll be addressing thethe hand-out cases in

class or those found in your

“lecture notes”

Sources of Law• Constitution

– Creates and Establishes or 3 Branches of Government

• Legislation– Create Statutes & USC

• Administrative Decisions– Create Regulations

• Court Decisions• Executive Orders

What We Will Study!

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Sources of our law• Legislative: Laws can be found in our constitutions, statutes,

and regulatory rules are enacted in some way.– Pro---voice of the people, reflect society’s values, able to vote the

“rascals” out if they pass offensive laws, avenue of the public to participate in the law making.

– Con--what about the minority’s rights? Or prejudice by the majority?,

corruption of the legislature, partisan politics, • Case Law: Courts are also a source of laws following the “stare

decisis” principle & common law (ad-hoc basis). Or courts can use the process called judicial activism to make new laws.– Pro--Independent judiciary, able to act when legislature can not, protect

the minority rights.– Con--Not necessarily voted in by the people, corruption, slow moving,

costly system

Court Systems • Participants• Subject Matter Jurisdiction• State Court System• Federal Court System

– Interaction between Systems

• Functions of Courts• Role of Case Law• Judicial Philosophies• US Supreme Court Justices

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Participants

• Judges• Justices• Lawyers• Parties• Witnesses• Jurors

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State Court System• Trial Court of General Subject

MatterJurisdiction– “Inferior” Courts

• Intermediate Court of Appeals• Final (Supreme) Court of

Review– Writ of Certiorari

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Federal Court System• District Courts

– State-based– Limited Subject Matter Jurisdiction

• Federal Question• Diversity Jurisdiction

– Diversity of Citizenship– $75,000– Act as a state court

• Courts of Appeal– 13 Courts

• Supreme Court– Only Constitutionally-created Court– Writ of Certiorari

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State and Federal Court Systems

U.S. Supreme Court

State Supreme Court

State Court of Appeals U.S. Court of Appeals

State Trial Courts

U.S. District U.S. Specialized U.S. Courts Courts AdministrativeAgencies

McGraw-Hill © 2004 The McGraw-Hill Companies, Inc. All rights reserved.

Functions of Courts• Interpretation of Legislation

– Legislative History– Statutory Construction

• Type of Law• Based on Context

• Judicial Review– Based on Law -- Not Facts– Power to Create Laws

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Role of Case Law• Precedent-oriented--Stare Decisis

• Advantages– Predictability– Certainty

• Disadvantages– Volume of Cases– Time Intensive– Expensive– Dicta– Precedent may be Rejected– Multitude of Systems

• Conflict of Laws2-10

Judicial Philosophies• Judicial Activism

– Judges must lead societal change– Political system can’t make hard decisions– Constitution is relevant to today’s issues– Liberal constructionists

• Judicial Restraint– Power of judicial review is great– Review must be used with caution– Political system is presumed to make

decisions– Constitution as written has meaning– Strict constructionists2-11

Current U.S. SupremeCourt Justices

• William Rehnquist (Chief Justice) (N/R)

• John Paul Stevens (GF)

• Sandra Day O’Connor (RR)

• Antonin Scalia (RR)

• Anthony Kennedy (RR)

• David Souter (GB)

• Clarence Thomas (GB)

• Ruth Bader Ginsburg (BC)

• Stephen Breyer (BC)

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Judicial PhilosophiesOf Current U.S. Supreme Court Justices

U.S. Supreme Court

RestraintsActivists

Stevens

Souter

Ginsburg Bryer

ScaliaRhenquist

Kennedy O’Connor Thomas

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Get the picture?Get the picture?

Steps in Litigation

• Pleadings– Complaint (summons)– Answer

• Motions• Discovery• Trial• Appeals

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Discovery• Purpose

– To ensure case is tried on its merit and notsimply on lawyers’ skill

• Four Types– Interrogatories--written questions– Request for Production– Depositions

• Oral (and recorded) questions and answers– Request for Admissions

• Intended to narrow the issues to be tried

• Scope– Anything that might lead to discoverable information

can be discovered

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Trial• Jury Selection

– Voir Dire

• Opening Statements• Plaintiff’s Case• Defendant’s Case• Closing Arguments• Jury Deliberation• Jury Verdict• Judgment

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CriminalVs.

Civil

Arbitration• Third -Party Neutral Decision Maker• Decision to Arbitrate

– Voluntary• Pre-dispute• Post-dispute

– Mandatory/Court annexed• Selection of Arbitrator• Arbitration Process• Review of Arbitrator’s Decision

– Voluntary– Court annexed

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Mediation– Third-Party Neutral Facilitator

• Decision to Mediate– Voluntary

• Pre-dispute• Post-dispute

– Mandatory/Court annexed

• Selection of Mediator• Mediation Process

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JUDGE JUDY READY TO RULE----

Case: Ashahi Metal v. Superior Ct. of Cal.-- Japanese tire valveManufacture is brought into California court in a motorcycle tire “blow out accident” in California of a Taiwanese Tire. Foreign company claims no jurisdiction over it…..

You want to see“power”---I’m going

to throw you allout of court! Go

home!

Indemnity Clause

Time Out---Time to Rest, Time Out---Time to Rest, Relax, Think of Happy Relax, Think of Happy

Thoughts.Thoughts.