August 22, 2011 powerpoint
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This document provides an introduction to legal resources and study materials for first year law students. It outlines the main types of legal sources students will encounter, including cases, statutes, law reviews, and other reference materials. Key resources discussed are Lexis and Westlaw for finding cases, the U.S. Code and Code of Federal Regulations for statutes, and American Jurisprudence and Corpus Juris Secundum as legal encyclopedias. The document encourages students to seek help from librarians if they have any questions.
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2) Lexis and Westlaw are commercial legal research services that law students can use for free. They provide access to cases, statutes, law reviews, and other materials.
3) Statutes are laws passed by legislative bodies that are available in print and online for all U.S. states and federal legislation. A statute progresses from a bill through various published iterations.
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Hello class and welcome to the week one lecture for Business Law I. We will begin with an introduction to the law and the American Legal system. Law is a grouping of rules governing relationships among individuals and between individuals and their society. The function of the law is to maintain stability while allowing for change when necessary. As we will discuss, this law originates from many sources.
To start, America has a rich common law tradition. Common law dates back to the English Court system. This common law developed through the slow accumulation of decisions over many hundreds of years. At bottom, judges generally apply the principle of Stare Decisis or the application of principles applied in earlier cases with similar facts. These earlier cases are known as precedent. This principle is important because it allows for a modicum of stability in the law as the idea is that similar cases will be decided in similar ways. However, this system allows gives the common law some flexibility. Judges may decide that old precedent is no longer applicable, for example, due to changes in society’s attitudes or in technology. When this situation occurs, the judge can create a new precedent.
The constitution provides another source of law. The federal constitution creates the rules for governing the country. It specifies which powers each branch of government may wield, and any state or federal law found to be in conflict with the constitution by the courts will be found to be invalid. A third source of law is statutory law. This source of law includes the statutes and ordinances of Congress and state legislatures. This is a very important source of law, and much of the work of the courts is consumed by interpreting these statutes.
The final source of law to discuss is the administrative law. The development of this law has become increasingly important. As the economy began to grow more complex, Congress devolved some of its powers to administrative agencies (generally under the supervision of the executive branch) to regulate the economy. For example, the Clean Air Act requires the Environmental Protection Agency (EPA) to keep the air safe. This mandate empowers the EPA to pass and enforce regulation protecting society from airborne pollutants. Although this area of law gets less coverage from the press, it can be critically important as these regulations have a monumental impact on the economy. Judges are frequently called upon to determine if the agencies have exceeded the scope of their mandate.
Another important distinction involves the relationship between the federal and state courts. Each state and the federal government has its own court system. And each of these entities will often have different statues, common law, administrative law, and constitutions. States are generally required to follow the decisions of other court’s due to the full faith and credit clause ...
Legal Statutory Research Presentation
The document discusses researching statutes and other sources of law. It explains that statutory research should always be the starting point and describes different forms statutes can take, such as slip laws, session laws, and codes. It provides guidance on finding federal and state statutes, regulations, court rules, and municipal ordinances. Research tools discussed include annotated codes, legislative databases, and citators.
Locating Legal Information On The Web
This document provides an overview and schedule for a training on locating legal information online. It begins with introducing the goals of familiarizing participants with the US legal system and online legal resources. The schedule outlines discussing the legal system, common legal reference questions, identifying citations, and exploring legal portals and websites. It then provides a detailed overview of the US legal system, including the three branches of government and the types of primary legal authorities like constitutions, statutes, court rules, and cases. It describes the federal and Minnesota court structures and where to find legal authorities and cases online.
Locating Legal Information On The Web
This document provides an overview and schedule for a training on locating legal information online. It will include a one hour overview of the US legal system, discussing common legal information requests at public libraries and when to refer questions to attorneys, learning how to identify legal citations and retrieve documents, and touring some legal websites and exercises. The training will familiarize participants with the legal system, online legal resources, and the appropriate level of assistance public librarians can provide to patrons seeking legal help or information.
15INTRODUCTION TO AMERICAN LEGAL SYSTEMINTRODUCTION.docx
The document provides an introduction to the American legal system. It discusses that there are two basic court systems: federal and state. Each has its own set of laws and courts. When advising a client, a lawyer must determine which system's laws apply. The three primary sources of law are the constitution, statutes, and common law. Statutes are enacted by legislatures while common law develops from judicial decisions. The branches of government work together, with courts interpreting statutes and constitutional provisions. Prior court decisions (precedent) guide judicial interpretation through the principle of stare decisis. The document uses hypothetical scenarios on a fictional island to illustrate issues around defining law and interpreting statutes.
Fed cts what they do
Federal courts hear cases that involve federal laws and the U.S. Constitution, as well as disputes between citizens of different states. There are three main types of federal courts: district courts that conduct trials, courts of appeals that review district court decisions, and the Supreme Court that selects cases to review from appellate courts. Most cases in federal courts are civil lawsuits rather than criminal cases. Civil cases involve disputes between private parties, while criminal cases involve crimes against society.
Judiciary
The document discusses key aspects of the US judicial system, including the dual court system with both federal and state courts. It outlines the structure and jurisdiction of federal courts, from district courts handling original cases up to the Supreme Court as the highest court. The Supreme Court has discretion over which cases it will hear and uses a process of writs of certiorari. It also discusses the political aspects of appointing federal judges and their job security.
Essay brief 20172018 module titlethe criminal justice process
This summary provides an overview of the key points about jurisdiction from the document:
1. Jurisdiction refers to the power and authority of courts. There are two main types: subject matter jurisdiction, which is a court's power over certain types of cases, and personal jurisdiction, which is a court's power over individuals or property.
2. Personal jurisdiction can be established through residency, presence, or consent. States can also assert jurisdiction over out-of-state entities through minimum contacts.
3. Subject matter jurisdiction determines what kinds of cases a court can hear. Courts can have plenary or limited subject matter jurisdiction.
4. In the federal system, personal jurisdiction follows state rules, while
Chapter 1 Condensed Version
Laws reflect the culture, circumstances, and needs of society to maintain order. The document discusses the evolution of legal systems from individual revenge to centralized court systems. It also distinguishes between common law, developed through judicial precedent, and positive law set by a central authority. Finally, it categorizes different types of laws including constitutional, civil, criminal, procedural, substantive, and business laws. The document provides a broad overview of legal systems, the development of laws over time, and the different classifications of laws.
Case law 2015
This document provides an introduction to researching case law. It discusses how cases are reported in a hierarchy of law reports and publications. It explains how to understand case citations, decipher parties in civil and criminal cases, and use abbreviations to find relevant law reports. The document demonstrates how to locate case reports both physically in a library and online using databases like Westlaw and LexisNexis. It concludes with short tasks for readers to develop their case research skills.
Rule of Law in China
This document summarizes some key differences between English and Texas contract law that a Texas lawyer should be aware of when dealing with an agreement governed by English law. It notes that English contract law remains largely uncodified based on case law. Consideration is required for contracts signed under hand but not for contracts signed as deeds. Liquidated damages clauses must represent a genuine pre-estimate of loss or they will not be enforced. English law does not recognize a duty of good faith in contract performance. Assignments do not release the assignor from obligations, and privity of contract limits enforcement to parties unless a third party is expressly intended to benefit. The Unfair Contract Terms Act protects against unfair contract terms.
The Dual Court System
The United States has a dual court system consisting of state courts and federal courts. The state court system includes appellate courts, trial courts of general and limited jurisdiction, and local courts. The federal court system includes the Supreme Court, courts of appeals, and district courts which hear both civil and criminal cases. Both systems have a hierarchical structure with different levels of courts and jurisdictions.
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August 22, 2011 powerpoint
- 1. Legal Resources and Study Materials Introduction to First Year Legal Research August 2011 Sections 3Ai, 3Aii, 3Bi
- 2. Graham Bateman http://sites.law.lsu.edu/batemanlrclass/ 225-937-8195 [email_address] [email_address]
Editor's Notes
- Trial Court decisions interpretation and application of the law does not bind any other court, appellate courts bind lower courts Suggestsion: Read as much as you can, read the cases in full and outline them, if you want to pull back or use alternative methods to study do it later once you have mastered the standard technique. Read a US supreme court case in FULL after your first or second semester.
- Legal publishing, consolidation. Lexis Nexis Academic Search Premier/Congressional. Hourly rates can be 50-150 of your hourly rate. In big firms it is often cheaper to have associates search print than use electronic. Summer interns running up bills.
- Tend to be student run and reviewed publications.
- “ Treatise ” is really a fancy word for “book”. Generally, a book that discusses a particular legal topic at some length and depth. Looseleafs – generally, a set on a given topic that’s frequently updated. Restatements – influential treatises that describe the law in a given area and guides its development.