JUDICIAL BRANCH

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JUDICIAL BRANCH

• FEDERAL AND STATE COURTS

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Legal Necessities?- Terms to Understand
? Common Law ? The Doctrine of
Precedent (Stare Decisis) ? Jurisdiction and
Authority
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What is Common Law ?

• Common Law is Judge made law
• It does not flow from Statutory law.
  (i.e. legislative made law)
• It has TWO components
• 1. The tradition of English law that was
• brought to America and adopted into the
• law
• 2. All judicial decisions of the legal system
• that have been made since that time.

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How is it made?

• Stare Decisis (stah-ree duh-sigh-sis) - Latin for
  "to stand by a decision" or let the decision
  stand
• It is a doctrine of law that says,
  Interpretations of law reached in previous cases
  in the same jurisdiction (precedents) must be
  applied to current and future cases involving
  similar legal issues, unless there are factual or
  legal distinctions.
• ?Precedent - Decisions establishing rules of
• law in previous court
  decisions

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Common Law

• How do you find common law?
• - Common law is in cases (written opinions of the
  Court)
• - You read cases that interpret laws
  regulations and that apply legal precedent
• 1. How do you find cases?
• 2. Which cases are important to you?

Two Questions?
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Common Law Principle Weight of Authority

• Mandatory Authority Important!
• Cases Courts must follow in making decisions
• Persuasive Authority Useful!
• Cases Courts may follow if persuaded to do so
• Weight of Authority is based upon the legal
  concept of Jurisdiction

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Jurisdiction

• Hierarchical Geographic
• Primary Law - Mandatory
• - Persuasive
• Court Jurisdiction
• Subject Matter (exclusive)

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HEIRARCHICAL JURISDICTION
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Final Appellate Level
South Carolina is in the 4th Circuit Court of
Appeals District
Appellate Level
Trial Level
District Court for South Carolina
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Jurisdiction
4th Circuit Court of Appeals Geographic
Jurisdiction
?
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Primary Mandatory Authority
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Primary Mandatory Authority
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Primary Mandatory Authority
Federal District Court Authority
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South Carolina Court System
(Final Court Level)
(Entry Court Level)
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For more detailed analysis of Judicial Court
Systems go to Circuit Riders page Judicial
PDF http//www.law.sc.edu/library/circuit_riders
/judicial_branch.pdf For more information on the
South Carolina Court System and Courts go to
Summary of Court System http//www.judicial.stat
e.sc.us/summaryCourtBenchBook/HTML/GeneralA.htm S
ee individual Courts for detailed descriptions
http//www.judicial.state.sc.us/
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Jurisdiction - Authority

• ? Hierarchical Level of Court
• - Final Appellate (Supreme Court)
• - Appellate
• - Trial
• ?Geographic Region or County
• - Federal? 4th Circuit Court of Appeals
• - State? Circuit Courts (County is
  jurisdiction)

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• ? Specific Subject matter Jurisdiction
• - State? Probate Court Family Court
• - Federal? Tax Court Court of Veterans
• 
  Appeals

? Weight of Authority Jurisdiction
- Primary Authority - Mandatory or Persuasive
based upon hierarchical jurisdiction -
Secondary Authority - Persuasive Only
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Review Questions
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Examples?

• Jurisdiction - We live in South Carolina for All
  of the questions
• -What type of Authority is SC Court of Appeals
  decision?
• A. Primary authority
• B. Secondary authority
• C. Both
• A. Mandatory authority
• B. Persuasive authority
• C. Both

-What type of Authority is it for SC courts?
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Examples?

• - Is a NC Court of Appeals decision?
• A. Primary authority
• B. Secondary authority
• C. Both
• A. Mandatory authority
• B. Persuasive authority
• C. Both

-What type of Authority is it for SC courts?
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Examples?

• - Is a SC Law Review article discussing the
  application of a SC case?
• A. Primary authority
• B. Secondary authority
• C. Both
• A. Mandatory authority
• B. Persuasive authority
• C. Both

- What type of Authority is it for SC courts?
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Examples?

• - Is a Federal District Court for South Carolina
  decision?
• A. Primary authority
• B. Secondary authority
• C. Both
• A. Mandatory authority
• B. Persuasive authority
• C. Both

- What type of Authority is it for SC courts?
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Examples?

• We live in South Carolina
• Is a 9th Circuit Court of Appeals decision?
• A. Primary authority
• B. Secondary authority
• C. Both
• A. Mandatory authority
• B. Persuasive authority
• C. Both

What type of Authority is it for SC courts?
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Where do I find Court Opinions
?
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Opinions/Decisions/Cases

• Opinions are published in books that are called
  reporters.
• There are two types of reporters Official
  Unofficial
• Official - Court reports published by sanction of
  statute or court rule may have court or
  legislative supervision and approval in
  publication
• Example The official reporter for U.S. Supreme
  Court cases is the United States Reports,
  published by the U.S. government.

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Wests National Reporter System organizes
both federal and state case law into a set of
books called reporters. (These reporters are not
official in most cases) Wests National Reporter
System has compiled cases from state and federal
courts and organized them into various reporter
sets. Volumes in a set are numbered
consecutively. All of these books that can be
researched using Wests topic and Key number
system. This system comprises both federal and
state cases.
Unofficial Reporters
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Federal State Court
Opinions
PRINT OPINIONS
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United States Supreme Court

• US Reports (Official)
• U.S.
• Supreme Court Reporter
• (unofficial)
• S.Ct.

Citation Format Brown v. Board of Education,
349 U.S. 294, 75 S.Ct. 753 (1955).
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United States Courts of Appeals
(All Circuits)
Unofficial Official Reporter
Federal Reporter F., F.2d F.3d
Example Cite Bob Jones University v. United
States, 639 F.2d 147 (4th Cir. 1980).
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United States
District Courts (If published)
Federal Supplement (Reporter) F.
Supp. F. Supp. 2d
Example Cite Condon v. Reno, 913 F. Supp. 946
(D.S.C. 1995).
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South Carolina is in Southeastern Reporter
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WESTS TOPIC AND KEY NUMBER
SYSTEM

• the index to the entire National Reporter System
  
• a comprehensive and detailed outline of the
  entire body of case law in this country
• a classification system with a at least one topic
  and key number attached to each point of law
  (headnote)
• Topic system http//www.westgroup.com/documentatio
  n/cdrom/cddoc/cdsupp/digtopcd.pdf
• Over 450 topics, key numbered subtopics
• The Topic and Key Number System allows you to
  locate cases with the same or similar legal
  issues in any jurisdiction in the United States!

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Courts
Topic and Key Numbers
Unofficial - West Annotated Opinions
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Head Notes
KEY NUMBERS
Key Number
Topic
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• How do you find Cases?

DIGESTS
System of books that serve as an index to
reported cases, providing brief statements of
court holdings or facts of cases.
Utilizing the Topic and Key number system you can
find cases in any of the National Reporter System
digests.
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DIGESTS How do I
use them?

• Digests work like an encyclopedia, the topics are
  listed in alphabetical order and arranged by
  topic.
• Digests are arranged by subject and entries are
  subdivided by jurisdiction and courts.
• The "Descriptive Word Index" of the digests sets
  provide topical guidance as to the proper topics
  and key numbers.
• How to use digests http//www.ll.georgetown.edu/g
  uides/digests.cfm

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Federal State Court Opinions

• Online

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How to Locate a Case Online

• ? Begin by finding an appropriate database for
  your circumstances.
• Free vs. Subscription based
• ? Determine search type options
• Keyword search
• Boolean or special character search
• Find by citation
• By party Name
• Key Number or Headnote (West)

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Opinions/Cases via the
Internet - Federal
NEVADA DEPT. OF HUMAN RESOURCES V. HIBBS, 538
U.S. 721 (2003)
Family and Medical Leave Act

• ? U.S. Supreme Court
• www.supremecourtus.gov/opinions/opinions.html
• ? Cornells LII http//www.law.cornell.edu/supct/
  index.html
• ? Justia
• http//supreme.justia.com

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Federal Courts of Appeal Federal
District Courts
Miller v. ATT Corp, 250 F.3d 820 (4th Cir.
2001) Docket 00-1277

• ? Findlaw - http//www.findlaw.com/casecode/
• ? Individual Court Web Site
• Ex 4th Circuit http//www.ca4.uscourts.g
  ov
• ? District Court PACER Note Not user
  friendly http//www.scd.uscourts.gov/
• ? Cornells LII (needs updating !)
• http//www.law.cornell.edu/federal/opinions.html

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Public Library of Law Both LexisOne Both
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Examples

• ? Federal - Miller v. ATT Corp,
• 250 F.3d 820 (4th Cir. 2001) 00-1277
• Public Library of Law
• LexisOne

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State Courts Cases Online
Find Law Both federal and state
www.findlaw.com/casecode
Justia Both federal and state Google
Scholar Both federal and state
http//scholar.google.com/

• Cornells LLI Both federal and state
  www.law.cornell.edu/opinions.htmlstate

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Official South
Carolina website

• ? Opinions/Cases/Rules
• Judicial Department Home (SC)
• - www.sccourts.org/index.cfm

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Examples State Family and
Medical Leave Act

• ? Drew v. Waffle House, Inc., 351 SC 544, 571 SE
  2d 89 (2002).
• Judicial Department Home (SC)
• Google Scholar

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Cases Online Subscription
Required Websites

• Westlaw (Public Westlaw)
• Lexis/Nexis (Lexis-Nexis Academic)
• Heinonline (Fee based subscription)
• Loislaw (Fee based subscription)

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What Other Judicial Materials Do
Patrons Sometimes Need?

• ? Briefs On Line

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Cases
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Appellate Court Briefs Online

• ABA Preview of US Supreme Court Cases
• Merit Briefs-2003-present -
  http//www.abanet.org/publiced/preview/briefs/
• FINDLAW http//supreme.lp.findlaw.com/supreme_cou
  rt/briefs/index.html
• LLRX Free and Fee Based Appellate Court Briefs
  Online www.llrx.com/features/briefsonline.htm

? Robert J. Ambrogi A Brief Summary Finding
Briefs on the Web - http//www.legaline.co
m/freebriefslinks.html
? Lexis Academic Academic library website
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Electronic fee based services for Briefs

• Westlaw. File Name SCT-BRIEF - Supreme Court
  briefs beginning with the October 1990 term.
• US Court of Appeals for the Fourth Circuit
  Briefs (CTA4-BRIEF)
• LexisNexis. File Name BRIEFS Library CRTFLS
  Supreme Court briefs, some beginning from January
  1979.

All Federal and State Briefs (ALLOSD)
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South Carolina Availability of
Briefs

• Print
• - Coleman Karesh Law Library
• - Supreme Court Library
• Online http//www.sccourts.org/caseOfMonth/Nov2006
  /index.cfm
• Brief Format - http//www.sccourts.org/forms/pdf/S
  CACRIIFORM13.pdf

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Free Legal Resources

• ? JUDICIAL RESOURCES
• WHATS AVAILABLE?
• - Court Dockets and Filings
• - Court Rules Forms
• - Caselaw Federal Trial
• - Caselaw Federal and State Appellate
• - Appellate Briefs and Oral Arguments

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Case law Research Checklist

• Preliminary Analysis
• - jurisdiction search terms
• Print or Online Know what sources are available
  to you!
• Consult Secondary Sources or Digest to find cases
• - Note Topic/Key Numbers, statutes, topical
  words
• If Statute Involved Check Annotated Statutes
• Always remember Currency of Source and need to
  Update cases

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Questions ?