Introduction to the American Legal System

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Introduction to the American Legal System
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Common Law System

• Judges decide cases or controversies
• Judges issue legal opinions
• Called judge-made law or common law
• Compiled in books called Reporters

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Primary v. Secondary Authority

• Primary Authority
• The Law
• Constitutions
• Statutes
• Case Law
• Administrative Regs

• Secondary Authority
• Legal Commentary
• Law Review Articles
• Legal Encyclopedias
• ALRs
• Restatements
• Horn Books

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Court System

• Separate But Parallel Court Systems
• Each State
• District of Columbia
• Federal Government

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Types of Courts

• Trial Courts
• Appellate Courts

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Trial Courts/Court of Original Jurisdiction

• Where litigation begins
• Trial occurs
• Call witnesses
• Present exhibits
• Fact-finding
• Single judge
• General jurisdiction

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Appellate Courts

• Review of trial court decision
• Most systems have two levels
• Heard by a panel of judges
• Decide issues of law

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Types of Cases

• Civil Cases
• Between citizens
• Plaintiff
• Defendant
• Review of administrative actions

• Criminal Cases
• Between state and citizen
• Prosecutor
• Defendant

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Federal Court System

• Federal Questions
• United States is Party
• Diversity Jurisdiction
• Parties from different states
• Minimum amount in controversy

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State Court Systems

• Each state has its own system
• Courts of general jurisdiction (hear all other
  types of cases)

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Federal Court System
United States Supreme Court
Circuit Courts of Appeal
District Courts
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United States Supreme Court

• Highest Appellate Court
• 9 Justices
• Sits in Washington D.C.
• Hears Cases By Permission Only
• Grants/Denies Certiorari
• an extraordinary writ issued by an appellate
  court at its discretion directing a lower court
  to deliver the record in the case for review

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United States Supreme Court
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United Supreme Court Justices
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Circuit Courts of Appeal

• Federal Intermediate Appellate Courts
• 13 Circuits
• 1-11 numbered
• D.C. Circuit
• Federal Circuit
• Appeal as of Right

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District Courts

• Trial Courts
• At least one per state and larger states have
  several
• 94 federal judicial districts, including at least
  one district in each state, the District of
  Columbia, and the District of Puerto Rico
• Judicial review of federal administrative
  decisions

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State Court Systems
United States Supreme Court
Highest Court/State Supreme Court
Intermediate Appellate Court
Trial Court/Superior Court
Specialized Lower Trial Courts
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Binding Authority

• What Does it Mean?
• Judges must follow binding precedent
• Precedent is biding if
• The two cases are similar on the legally relevant
  facts
• The law is from a position in the hierarchy that
  makes it binding on the court

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Binding Authority

• What is Binding in the Hierarchy?
• Constitutions
• Statutes from the same system and jurisdiction
• Opinions from higher courts in the same system
  and jurisdiction

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Binding Authority for Federal Courts

• Federal Statutes
• Federal Constitution
• Higher Federal Courts in the Same Jurisdiction
• United States Supreme Court Decisions

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Binding Authority for State Courts

• State Statutes
• State and Federal Constitution
• Higher State Courts in the Same State
• United States Supreme Court Decisions

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Overruling Decisions

• Appellate Courts may overrule their own decisions
• Appellate Courts may overrule lower court
  decisions from the same jurisdiction
• New rule applies prospectively

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Holding and Dicta

• Holding
• The courts decision on the issue before it and
  its relevant reasoning
• Only the holding is binding on future decisions
• Dicta
• Statements not necessary to the courts decision
• Not binding on future decisions