Structure and Power of the Federal Government

The Legislative branch consists of two houses

Legislature

Senate

House of Representatives

Legislative Power:

Congress has two branches—House and Senate

Represent the states to the Federal Government.

Power to make laws.

Acts mainly through committees.

The Executive office is that of…

Executive Branch

The President

And his cabinet

Executive Power:

The President has the power to enforce laws.

Below the President is an informal “cabinet” and a formal “administrative branch”

Department of Justice is part of administrative branch. Federal Prosecutors are part of

Department of Justice.

Executive Power:

Judicial Branch

The Judicial Branch consists of…

The nine justices of the Supreme Court(right click the seal to visit the Supreme Court)

And all lower Federal Courts(right click the gavel to visit all the courts)

The Supreme Court has the power to

interpret laws

Click here to find out what checks and balances the Supreme Court performs

Judiciary Power:

Checks & Balances:

LegislativeMakes the Law

Judicialreview

Judicialreview

Confirmsappointments

Confirmsappointments

Vetopower

ExecutiveEnforces the Law

JudicialInterprets the Law

AppointsFederaljudges

Federal v. State PowersStates’ Powers

Federal Powers

Commerce power * Copyrights Taxation * Patents Borrowing * International Treaties * Currency * Waging War Eminent Domain * Post Civil Rights * Naturalization* Bankruptcy *Weights* Admiralty * Measures

Powers not granted by the Constitution to the Federal Government or prohibited from the States

Fed v. State in the Court Systems

Federal SystemSupreme Court

Federal Courts of Appeals (Circuit Courts)

District Courts

State Systems—51 –all slightly different

Court System Illustrated

U.S. DISTRICT COURT

U.S.COURT OF APPEALS11 numbered circuits

D.C. CircuitFederal Circuit

STATE TRIAL COURT

STATE APPEALS COURT

STATE SUPREME COURT

U.S. SUPREME COURT

Some State Systems

SURROGATE’S COURT(Probate of wills)

FAMILY COURT, etc.

SUPREME COURT

APPELLATE DIVISION OF THE SUPREME COURT

COURT OF APPEALS

New York

DISTRICT COURTCivil Actions $10,00 o r less

Domestic RelationsMisdemeanors

SUPERIOR COURTCivil actions over $10,000

Serious Crimes

COURT OF APPEALS

SUPREME COURT

North Carolina

The Circuit Courts Illustrated

Precedent Doesn’t Always ExistU.S. SUPREME COURT

U.S. COURTS OF APPEAL

U.S. DISTRICT COURTS

Mandatory authority for all courts (state & federal) on federal law and constitutional issues.Mandatory authority for lower federal courts within the circuit; persuasive authority for other circuits; not binding on state courts. Mandatory authority for specialized federal courts in its jurisdiction; not binding on state courts.

More On Precedent

STATE SUPREME COURTS

STATE APPELLATE COURTS

Mandatory authority for all lower state courts; mandatory for federal courts interpreting state law (diversity jurisdiction).

Mandatory authority for lower state courts.

Finding a LAW

Public Law no. (Congressional Session & no.)

Statutes at Large citation

Bound Official version

U.S Code

Codified by Subject

US Code Illustrated

USCA is West Publishing, USCS is Lawyers Coop (Lexis) Publishing. USC is published by the government; it doesn’t have any commentary.

USCA IllustratedPATENTS 35 § 105

§ 105. Inventions in outer space

(a) Any invention made, used or sold in outer space on a space object or componentthereof under the jurisdiction or control of the United States for purposes of this title, exceptwith respect to and otherwise provided for by an international agreement to which theUnited States is a party, or with respect to any space object or component thereof that iscarried on the registry of a foreign state in accordance with the Convention on Registrationof Objects Launched into Outer Space.

“(b) Any invention made, used or sold in outer space on a space object or componentthereof that is carried on the registry of a foreign state in accordance with the Convention ibRegistration of Objects Launched into Outer Space, shall be considered to be made, used orsold with the United States for the purposes of this title if specifically so agreed in aninternational agreement between the United States and the state of registry.

(Added Pub.L. 101-580, § 1(a), Nov. 15, 1990, 104 Stat.2863)

HISTORICAL AND STATUTORY NOTES

Effective Date; Special RulesSection 2 of Pub.L. 101-580 provided that:“(a) Effective date.—Subject to subsections (b),

(c), and (d) of this section, the amendments made bythe first section of this Act [enacting this section]shall apply to all United States patents grantedbefore, on, or after the date of enactment of this Act[Nov. 15, 1990], and to all applications for UnitedStates patents pending on or filed on or after suchdate of enactment [Nov. 15, 1990].

“(b) Final decisions.—The amendments made bythe first section of the Act [enacting this section]shall not affect any final decision made by a court orthe Patent and Trademark Office before the date ofenactment of this Act [Nov. 15, 1990] with respect toa patent or an application for a patent, if no appealfrom such decision is pending and the time for filingan appeal has expired.

“(c) Pending cases.—The amendments made bythe first section of this Act [enacting this section]

Citing to a Code

Finding a Regulation

Regulations are passed by administrative agencies

Published first in Federal Register

Then in Code of Federal RegulationsCodified by subject.

State Laws and Regulations

Differ from state to state, so can most easily by found on line.

Some states don’t widely publish their regulations on paper anymore.

Finding Case Law

Deciphering Court Citations

Missouri v. Holland, 252 U.S. 416 (1920).

U.S. v. Joyner, 201 F.3d 61 (2d Cir. 2000).

Morgan v. Kroupa, 702 A.2d 630 (Vt.

1997).

Supreme Court Decisions

Published officially in U.S. ReportsCited. U.S.

Commercially by West in Supreme Court Reports.

Cited S.Ct.Also commercially by Lawyers’ Coop in Supreme Court Lawyers’ Edition

Cited L.Ed.It is correct to cite to all three sources or just one, as you prefer.

Supreme Ct Reports Illustrated

Circuit Court Decisions

Are published in the Federal Reporter

Cite. “F.” and specify 1st, 2d, or 3d.

District Court Decisions

Are published in the Federal Supplement

Cited “F.Supp.”

But if they pertain to rules of procedure they are published in Federal Rules Decisions

Cited “F.R.D.”

State Court Decisions

Some States have official reporters which usually have the name of the state on them.

E.g., New York Reports

Other States’ decisions are printed in Regional reporters, which report a number of state’s decisions together

E.g., Northeast Reports (by West).

Citing to either or both is appropriate.

Finding CasesWhen you don’t know the area of law, start with secondary sources.

These will explain the law and lead you to cases and statutes that apply.

Am. Jur. 2d is a popular legal encyclopedia

Citing to Encyclopedias and Treatises

Cite to Encyclopedias in the same way that you cite to codes Vol. #, Topic, Section #Cite to treatises similarly to other books

R. Joseph Smith & Patrice J. Goodwin, Foreign Relations in the Post-Modern World vol. 2, § 42, 310 (3d ed., West 1999).

Cite to Law Reviews Like this: Cass R. Sunstein, Affirmative Action, Caste, and Cultural Comparisons, 97 Mich. L. Rev. 1311, 1315 (1999).

More Finding Cases-Digests

West’s Digests index all cases in order of subject matter.

Different digest series index different courts.

West Federal Practice digests index all federal courts

West Key Number System630 Vt. 702 ATLANTIC REPORTER, 2d SERIES

Mary MORGAN

v.

Zane KROUPA

No. 95-594.

Supreme Court of Vermont

Sept. 5, 1997

Finder of lost dog brought action in replevin to

recover dog from original owner. Following bench trial, the Addison Superior Court, Matthew I. Katz, J., found for finder, and original owner appealed. The Supreme Court, Morse, J., held that: (1) provision of state lost-property statute governing disposition of stray beasts by finders thereof did not apply to stray dog; (2) trial court acted within its discretion in awarding possession of dog to finder; and (3) previous owner was not entitled to have dog from finder under property law principles of trover and conversion.

Affirmed. Gibson, J., dissented with opinion in which Allen,

C.J. (Ret.), Specially Assigned, joined. 1. Animals 60

Provision of state lost-property statute governing disposition of stray beasts by finders thereof was applicable only to animals having very significant value in largely agricultural economy extant at time of statute’s drafting, such as cows, oxen, horses, sheep, swine and other farm animals, and did not apply to stray dog. 27 V.S.A. §§ 1101, 1103-1105, 1109.

2. Animals 59 Trial court acted within its discretion in awarding

possession of dog to person who found it after it escaped from its original owner, where finder diligently attempted to locate dog’s owner and responsibly sheltered and cared for dog for over a year.

3. Animals 46, 59

Previous owner of dog was not entitled to recover it from finder under property law principles of trover and conversion, where previous owner’s property interest in dog was qualified by public interest in encouraging finders to care for and shelter lost pets, and finder diligently attempted to locate previous owner while providing dog with care, shelter and companionship for over a year.

________________

Beth Robinson of Langrock Sperry & Wool, Middlebury, for plaintiff-appellee.

Christena M. Obregon, Burlington, for defendant-appellant.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

MORSE, Justice.

Defendant Zane Kroupa appeals from a judgment awarding possession of a dog named Boy (a/k/a Max) to plaintiff Mary Morgan. We affirm.

Defendant adopted a mixed-breed puppy when it was six to eight weeks old and trained it to be a hunting dog.

Synopsis

Headnotes

More Finding Cases-Start with the Statute or Regulation

U.S.C.A. and U.S.C.S. provide “annotations” to cases that discuss the particular statute.

USCA Follows West Key Numbers

The C.F.R. does the same to a limited extent.

Citation Bibles

Sample Citations - Federal Courts

United StatesSupreme Court

410 U.S. 113 93 S.Ct. 70535 L.Ed.2d 147

United StatesCourts

of Appeals

13 F. 3d 161886 F.2d 213

United StatesDistrict Courts

776 F.Supp. 101113 F.Supp.2d 923

Full Citation Form for Cases

Futrelle v. Duke University, 347 N.C. 398, 494 S.E.2d 412 (1997).

494 S.E.2d 412 = volume 494 of the South Eastern Reporter (2d series), page 412

Some Basic Citation RulesUse a full citation the first time you cite a source. May use a short citation thereafter.

Kastner, 253 F. 3d at 423.

Id. Generally used only when the cite immediately before was to the same source.

Frequency: Cite every non-original thought. When a whole paragraph comes from one source, you can cite at the end of the paragraph, but when sources change in the paragraph you should cite individual sentences.

More Basic Citation Rules

Quotes over 50 words are indented and single spaced.Quotation marks and punctuation go before the footnotesUse signals: “See” “See generally” “Cf.” “But see” etc.Use pinpoint cites whenever possible, and always when quoting.

Some Complex Citation Rules

You must cite the source you read—not the source that the author you read examined.

To cite someone who is citing someone else you write “Bean v. Mandel, 451 F3d 254, 258 (2004) citing Mashlenko v. Speranski, 586 U.S. 240 (1998).

Never quote the headnotes or synopsis of a case!

Final Note: Shephardizing

Old cases are not removed from case reporters the way old laws are removed from the U.S. Code!Always check, online preferably, for whether your case is overturned or limited by later cases.There used to be a book series called Shephard’s Citations through which lawyers did this. Hence the bizarre word.

Footnote

This powerpoint uses material from other powerpoints found on the 2003 University

of Virginia “Intro to Political Science” webpage, and the 1999 University of Iowa law school’s webpage. The pages are no longer available. Book illustrations were

taken from the West Publishing website in 2005 and also are no longer available at

that site.