Introduction to Legal System Small Group F2014

8/11/2019 Introduction to Legal System Small Group F2014

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Introduction to the legal system

Fifth Hour Legal Research ProgramFall 2014


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Sources of US Law

US ConstitutionBranches of Government:

Legislative = StatutesExecutive = Executive OrdersJudicial = Court Decisions

*Administrative (4th branch) = Regulations


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Mandatory v. Persuasive Authority

Mandatory Authority / Binding PrecedentThe Law (primary authority)Higher court within the jurisdiction

Same jurisdictionSame topic

Persuasive AuthorityLaw (primary authority) from a lower court outside of

your jurisdictionAll secondary authority is always persuasive.Some secondary authority is more persuasive than others(consider author and her credentials).


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MANDATORY PRECEDENT V. PERSUASIVE AUTHORITY EXAMPLE: CASE LAW

Federal

U.S. Supreme CourtBinds all lower federal courts and statecourts on federal issues.

Resolves splits among Circuits.

U.S. Courts of AppealBinds District Courts within thatparticular Circuit.

Law from other circuits is onlypersuasive.

U.S. District CourtsFederal Trial Courts

Must follow decisions of the circuit inwhich it sits as mandatory precedent.

Trial courts do not bind other trial

courts.

State: New York

N.Y. Court of AppealsBinds all lower N.Y. courts.

Resolves splits among AppellateDepartments.

N.Y. Appellate DivisionBinds lower courts

N.Y. Supreme Court (andother trial courts)

Must follow another AppellateDivision that has ruled on the issue iftheir Appellate Division has not doneso.

Trial courts do not bind other trialcourts.


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Stare Decisis (stahr -ee di- sI -sis or stair -ee),n. [Latin to stand by things decided] (18c)

The doctrine of precedent, under which acourt must follow earlier judicial decisionswhen the same points arise again inlitigation.

Precedent means that similar cases should be decided similarly.Lower courts are bound by the earlier decisions of highercourts- this provides predictability and consistency in the law.


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intermediate appellate courts

court of last resort

trial courts


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U.S. Supreme Court

Courts of Appeal

District Courts

12 regional courts

1 federal circuit court

94 district courtsbankruptcy courts

court of international trade

court of federal claims


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New York State Courts

Court of

Appeals

FirstDepartment

Supremecourts

Other courts:Family, etc.

SecondDepartment

Supremecourts Other courts

ThirdDepartment

SupremeCourts Other courts

FourthDepartment

Supremecourts Other courts

Court of Appeals

Appellate Division

Supreme Court (trial court)


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HIERARCHY OF COURT SYSTEMS

Pattern Federal New York

Final Appellate

Court

U.S. Supreme Court Court of Appeals

Intermediate Appellate Courts

U.S. Courts ofAppeals (Circuit

Courts)

Appellate Division

Trial Courts U.S. District Courts Supreme Court

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Primary v. Secondary Authority

Primary Authority = the Law; created by government entities (judges,legislators, regulators)

ConstitutionsCases / Decisions / Common LawStatutes / Codes

Administrative RegulationsUniform Laws (UCC) / Model Acts (Model Penal Code) (ifenacted)

Secondary Authority = explanations and commentary about the law(everything else)

Legal Encyclopedias ( Am Jur , CJS )ALRs (American Law Reports )Restatements (common law, black letter topics (torts, contracts,Restatements, agency, property)TreatisesLaw Reviews (articles / student notes and comments)

Practice Materials / loose leafs / Form booksDictionaries Blacks


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Publication of the Law

Type of Law ChronologicalArrangement (by date)

Topical Arrangement(by subject)

Case ReporterOfficial

Unofficial

DigestHeadnotes

Statute US Statutes at Large CodesTitles = SubjectsOfficial (USC)Unofficial (USCA, USCS)

Annotations

Regulation Register, Federal Register Code, Code of FederalRegulations


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When they resolve issues of law.

Trial cases usually revolve around facts , andare therefore rarely published.

Intermediate court (appellate court) cases are published selectively , given that many areroutine and only of interest to parties.

Final Appellate Cases (supreme court /

court of last resort cases) are almost alwayspublished, as they deal with important legalissues.

Unpublished cases are available on Lexis andWestlaw.

PUBLICATION OF CASE LAW


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Publication of Federal Case Law

Court Official

ReporterUnofficial Reporter

U.S.

SupremeCourt

United States

Reports =U.S.

1.) Supreme Court Reporter (West)= S.

Ct.2) Lawyers

Edition (Lexis) = L. Ed.,L. Ed. 2d

U.S. Courts

of Appeal

N/A 1) Federal Reporter (West) = F., F. 2d,

F. 3d

U.S.DistrictCourts

N/A 1) Federal Supplement (West) = F.Supp., F. Supp. 2d


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Appellate and District Court Opinions

Federal Reporter abbreviated as _ F. _

_ F.2d _ _ F.3d _

Federal Supplement abbreviated as _ F. Supp. _ _ F. Supp. 2d _


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Unpublished Cases

Federal Appendix (unpublished federal cases) _ Fed. Appx. _

Cases available on Westlaw and Lexis:2001 WL 16020302001 U.S. App. LEXIS 26786

Introduction to Legal System Small Group F2014

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