The postings should reflect individual comprehension and inquires of the material and include supporting information that is properly referenced. The initial posts should be the minimum of a short paragraph and a maximum of two paragraphs (approximately 250 words). Also 2 references  Chapter 1 Chapter 1.10 The Legal System The United States has become an increasingly litigious society; annually, millions of lawsuits are filed by citizens seeking legal remedy to problems they have encountered in the course of their personal or professional lives. Therefore, recreation and sport managers must understand the basic components of the complex United States legal system, including origins of the law, the legal system, and the legal process. FUNDAMENTAL CONCEPTS Origins of the Law There are multiple sources of law including Constitutional law and laws enacted, enforced, and interpreted by the three branches of government. A constitution is a document that sets forth the basic principles of government, including limits on government power. The federal government, as well as all 50 states, has a constitution; each constitution provides citizens many protections. Additionally, the federal and state governments each have three branches that exist as a source of law: the legislative branch, which is responsible for enacting new laws and amending existing laws through federal or state legislatures; the executive branch, which enforces existing laws through elected officials or administrative agencies; and, the judicial branch which interprets constitutions or other existing laws through the federal and state court systems. Legislative Branch A Congress (or legislature), either state or federal, is the legislative branch of the government, comprised of elected officials in the Senate and in the House of Representatives. Executive Branch Often times, statutes require further explanation to be applied to real-life scenarios. This guidance typically comes in the form of regulations created by the executive branch, or an administrative agency created by the executive branch. Regulations are “rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations.” Judicial Branch Whether the source of law is a constitution, a statute, or a regulation, the judicial branch is charged with interpreting and applying the law by adjudicating legal claims. When a court makes a decision in a legal case, and authors a written opinion, the decision is referred to as case law; the collective body of case law is called common law. The Legal System Once laws are created, they must be interpreted and applied to particular circumstances; as discussed above, this interpretation/application occurs in the judiciary, or court systems. Federal Court Syst.

1. The postings should reflect individual comprehension and
inquires of the material and include supporting information that
is properly referenced. The initial posts should be the
minimum
of a short paragraph and a maximum of two paragraphs
(approximately 250 words). Also 2 references
Chapter 1
Chapter 1.10 The Legal System
The United States has become an increasingly litigious society;
annually, millions of lawsuits are filed by citizens seeking legal
remedy to problems they have encountered in the course of their
personal or professional lives. Therefore, recreation and sport
managers must understand the basic components of the complex
United States legal system, including origins of the law, the
legal system, and the legal process.
FUNDAMENTAL CONCEPTS
Origins of the Law
There are multiple sources of law including Constitutional law
and laws enacted, enforced, and interpreted by the three
branches of government.
A constitution is a document that sets forth the basic principles
of government, including limits on government power. The
federal government, as well as all 50 states, has a constitution;
each constitution provides citizens many protections.

2. Additionally, the federal and state governments each have three
branches that exist as a source of law: the legislative branch,
which is responsible for enacting new laws and amending
existing laws through federal or state legislatures; the executive
branch, which enforces existing laws through elected officials
or administrative agencies; and, the judicial branch which
interprets constitutions or other existing laws through the
federal and state court systems.
Legislative Branch
A Congress (or legislature), either state or federal, is the
legislative branch of the government, comprised of elected
officials in the Senate and in the House of Representatives.
Executive Branch
Often times, statutes require further explanation to be applied to
real-life scenarios. This guidance typically comes in the form of
regulations created by the executive branch, or an
administrative agency created by the executive branch.
Regulations are “rules and administrative codes issued by
governmental agencies at all levels, municipal, county, state and
federal. Although they are not laws, regulations have the force
of law, since they are adopted under authority granted by
statutes, and often include penalties for violations.”
Judicial Branch
Whether the source of law is a constitution, a statute, or a
regulation, the judicial branch is charged with interpreting and
applying the law by adjudicating legal claims. When a court
makes a decision in a legal case, and authors a written opinion,
the decision is referred to as case law; the collective body of
case law is called common law.

3. The Legal System
Once laws are created, they must be interpreted and applied to
particular circumstances; as discussed above, this
interpretation/application occurs in the judiciary, or court
systems.
Federal Court System
The federal court system uses a hierarchal approach, meaning
that cases originate in lower courts, and when appropriate, may
be appealed to higher level courts. The lowest tier in the federal
hierarchy is the District Court level; District Courts are the
courts of origin in the federal court system.
If a party to the lawsuit does not feel the law was properly
interpreted or applied in the District Court, he or she may
appeal the case on the basis of legal error; in other words, ask a
higher level court to review the case for mistakes of law. The
middle tier in the federal hierarchy is known as the Circuit
Courts.
Lastly, a party may choose to again appeal his or her case to the
highest tier in the federal court system, the United States
Supreme Court (USSC). To appeal a case to this highest level,
the party must request certiorari by filing a petition asking the
USSC to hear the case; the USSC will either grant or deny this
request.
State Court System
Each state has its own court system. Similar to the federal court
system, most states also use the hierarchal approach, separating
the courts into three levels. Most states have trial courts of
either limited or general jurisdiction, appellate courts, and a

4. supreme court.
Administrative Court System
The vast majority of recreation and sport lawsuits are filed in
state or federal courts. Administrative courts sit as fact-finding
bodies that apply these regulations.
Jurisdiction
Given that more than one court system exists, it is necessary to
understand when it is appropriate to use each one. Selecting the
proper court system requires a determination of which court has
jurisdiction; a court’s ability to hear a case and provide remedy.
A court must have both personal jurisdiction, which is power
over the parties in the case, and subject matter jurisdiction, the
power to hear the type of case.
The Legal Process
The following discussion is not intended to cover completely all
procedural elements of a legal case.
Trial Phase
Standing. The legal right to file a lawsuit is called standing. To
establish standing, a plaintiff must establish that he or she
sustained a harm, that the court has the power to provide a
remedy, and that the plaintiff has an interest in the outcome of a
case.
Parties to the Lawsuit. The plaintiff (s) is the party filing the
lawsuit; this is the individual or group that has allegedly
suffered harm and seeks legal remedy from the court. The
defendant(s) is the party against whom the claim is filed. Also,

5. some cases are filed as class action lawsuits, meaning that a
large group of people are filing a lawsuit collectively against a
defendant.
Jurisdiction.
Filing the Complaint. After the plaintiff has identified the
appropriate jurisdiction to file the lawsuit, he or she will
formally commence the legal process by filing a complaint. A
complaint is a formal pleading to the court that must state both
the factual and legal basis for the claim. When a complaint is
filed, the court will issue a summons, which gives the name and
file number of the lawsuit and instructs the defendant to file an
answer or other response.
Filing the Answer. After a complaint is filed, and summons
issued, a defendant has a specific period of time, typically 30 or
60 days, in which to file an answer with the court. An answer is
a pleading to the court, filed by a defendant, which responds to
each allegation in the complaint.
Discovery and Motions. After the defendant files an answer,
both parties to the lawsuit enter the discovery and motions
phase. Discovery is the period of time during which both parties
gather facts and information to be used as evidence in a trial.
Motions are formal requests made to the court seeking a
specific action or decision. Some common motions include:
(1) a motion for judgment on the pleadings, which asserts that
no cause of action exists even if everything in the complaint
were true;
(2) a motion to dismiss, oft en based on expiration of the statute
of limitations or filing in the wrong jurisdiction; and
(3) a motion for summary judgment, which is filed when one

6. party believes that no questions of fact are present in the case,
and the legal issue can be decided as a matter of law.
Settlement, Alternative Dispute Resolution, or Trial. After the
motion and discovery phase is complete, the parties in the case
will proceed towards a final resolution, which can be reached in
many ways. First, the parties may settle the case; this occurs as
a result of negotiations between the parties to reach a result that
both sides agree with. A settlement is carried out using formal
contractual agreements that are filed with the court; often times,
settlement agreements are not made public and only the parties
to the case know the final result.
Another option is to seek resolution using a form of alternative
dispute resolution (“ADR”) such as arbitration or mediation.
Damages. If the defendant is found liable, damages will likely
be awarded to the plaintiff (although this is not always the
case). Damages are the monetary compensation awarded as a
remedy for defendant liability. Damages can be compensatory
(intended to compensate for harm) or punitive (intended to
punish the wrongdoer and deter similar future acts).
Appellate Phase
After a trial court adjudicates a claim, either party has the
opportunity to file a notice of appeal, requesting that the
appropriate appellate court review the case.
On appeal, the reviewing court will use the facts of the case
established at the trial court level; the appellate court is not a
fact-finding court. Using those facts, the appellate court will
determine whether the decision reached by the trial court was
correct (affirmed), correct in part (affirmed in part), incorrect
(reversed), or incorrect in part (reversed in part).

7. Oft en times, when the appellate court affirms or reverses a
decision in part, it will also remand the case back to the trial
court for further proceedings consistent with the appellate
decision.
CHAPTER 1.20 Legal Research
This chapter provides information on the legal system and the
legal resources tools available to sport and recreation managers,
including primary resources and secondary resources.
Fundamental Concepts
Primary Legal sources
Constitutions/Statutes/Rules/ Regulations
- The United States Constitution is the supreme law of the law.
It governs conduct of the federal and state governments, as well
as conduct of private citizens.
- Individual State Constitutions
- US Congress and fifty state legislatures enact laws known as
statutes
- United States Code is the publication of federal statutes.
- Individual states publish their statue as Civil Codes, Public
Laws, Session Laws or Revised Statues
- Congress and state legislatures establish regulatory agencies
(FAA, EPA) to create specific purpose rules and regulations in
order to fulfill a specific purpose. These regulations are
published in the Code of Federal Regulations.

8. Court Decisions
Federal Court
- In the federal court system, the vast majority of federal cases
originate in the U.S. District Court. The U.S. District Court is
the federal trial court and the first level within the federal court
system.
- Any appeal from a U.S. District Court decision would be made
to the appropriate U.S. Court of Appeals. The U.S. Courts of
Appeals represent the second level or the intermediate appellate
level in the federal court system.
- After the U.S. Court of Appeals renders its decision, a party
can still request another appellate review by the U.S. Supreme
Court. However, the U.S. Supreme Court is not required to hear
these appeals. The U.S. Supreme Court is the highest court in
the land, and its decisions are considered the supreme law of the
land, which must be followed by all lower federal and state
courts.
State Court
- The state court systems are organized in a similar fashion to
the federal courts. Most cases will originate in the trial or
district courts and then follow a similar path as federal cases
with appeals going to an intermediate appellate court or directly
to the state supreme court.
- Typically, only decisions made by a state’s Supreme Court are
selected for publication in the state reporters.
Secondary sources
Secondary resources include legal Dictionaries, law articles,

9. law journals and other written sources that summarize, explain,
interpret, or analyze certain issues or topics of the law.
Additional Research Tools
In addition to secondary legal resources, research tools like:
digests; electronic databases; and computerized legal research
can also be used to locate primary legal resources.
Electronic and web-based research (does not replace law
libraries yet)
- Electronic databases known as WESTLAW and LEXIS where
one can search topically, or for a specific case or statute (law
students)
- LEXIS-NEXUS Academic Universe is available through most
colleges Provides research on general news topics; company,
industry and market news; legal news; company financial
information; law reviews; federal case law; U. S. Code; and
state legal research
Research Techniques
The following six steps represent a good approach to developing
a legal research plan:
Step One: Identify the Problem or Issue
Step Two: Consult an Encyclopedia or Treatise
Step Three: Read and Summarize Cases
Step Four: Locate Additional Cases and Shepardize
Step Five: Determine Any Constitutional or Statutory

10. Connections
Step Six: Organize Your Information
It is recommended that you then organize the information as
follows:
Statement of Facts: Identify the facts or circumstances that
created the need to study the problem.
Statement of the Issue/Problem: State the actual issue, question,
or problem that will be answered.
Identification of the Relevant Law: Identify the cases, statutes,
or other information needed to understand this issue. This
should include a brief summary of relevant cases, relevant
statutory language, and other information needed to understand
the law.
Application of the Law: This section should include a detailed
analysis of the law identified in the Identification of the
Relevant Law section and how it applies to the Statement of
Facts section to answer the question identified in the Statement
of the Issue/Problem section.
Conclusion: Discuss the anticipated effect of your analysis in
the Application of the Law section.
Illustrative Case
B.A. Dusckiewicz v. Jack Carter D/B/A Jack Carter Enterprises
115 Vt. 122; 52 A.2d 788 (1947)
Facts: The plaintiff, Dusckiewicz, attended a wrestling match
put on by the defendant, Carter. Dusckiewicz purchased a

11. ringside ticket for the match. During the match, one of the
wrestlers, who were both hired by Carter, was thrown out of the
ring into the plaintiff, Dusckiewicz. As a result, Dusckiewicz
suffered a sprained hand and wrist.
Issues: - Did the plaintiff, Dusckiewicz, assume the risk
associated with attending a wrestling match? And if so, was
someone being thrown out of the ring a normal or obvious
risk? Were the two wrestlers independent contractors or
employees of the Defendant Carter?
Holding: The court ruled for the plaintiff and granted the
plaintiff a new trial.
Reasoning: While an invitee at a place of amusement ordinarily
assumes the risk of an obvious danger or one that is a matter of
common knowledge, it cannot be held as a matter of law that the
plaintiff assumed the risk of someone being thrown out of the
ring. As for whether the two wrestlers were independent
contractors or employees, the court ruled it did not matter
because the Defendant, Carter, had a duty to protect his
invitees.