1. Brian Lally

2. -Converse Intelligently with Legal Council
Understanding Vocabulary Terms
Associated with the U.S. Legal System
Constitution-Foundational document sets
forth the basic principles of government
Common Law- Creating Law by
interpreting existing laws to particular
cases.

4. Federal Courts
State Courts
The Federal Courts
• assert jurisdiction only over federal law claims
such as involving the United States Constitution.
The State Courts
• Concurrent Jurisdiction- they can hear both
Federal and State Law.

5. Criminal Courts- charged with a crime
against the state.
 Right to trial before a jury of his or her peers.
 Guilty beyond a Reasonable Doubt
Civil Courts- Controversies of a
noncriminal nature.
 Causes of action- contract disputes, employment
discrimination, and torts.
 Preponderance of the Evidence

6. Most Sports Law Cases are brought to civil
court.
Plaintiff Files
Complaint
Defendant
Answers
Complaint
Discovery
Settlement
Or Trial
Susan is Injured from a bridge collapsing at a Country Club during a golf
match.
Compensatory damages- Payments for actual injury or economic loss.
Punitive damages- Payment beyond required compensation

7.  Rule 12 (b) (6) motion to dismiss for failure to
state a claim upon which relief can be granted
 The Plaintiff fails to allege sufficiently a set of facts that
would support a claim for relief based on the law invoked
 Motion for Summary Judgment
 There are no genuine issues of material fact
 Petition for a Primary Injunction
 Substantial likelihood of prevailing, irreparable injury, issuing
an injunction that will not have an adverse effect on the
public interest, and will not inflict greater injury

8. Interpretation of Statuses
• Canons of statutory construction
 “If the language is plain, it must be given effect”
Interpretation of Regulations
Interpretation of Constitutions
• Courts decisions interpreting constitutions are the
final word
Interpretation of Common Law
• The body of case law that has developed over
time as court decisions have been rendered

9. -Parties Opt for a private dispute resolution
procedure instead of going to the courts.
Arbitration
• Submission of a dispute to a neutral decision
maker for final and binding resolution.
Mediation
• Submission of a dispute to an impartial mediator
(the mediator cannot make the final decision)

10. Primary Legal Resources
• Laws that Carry Authority
 Constitutions, Statutes, Regulations
 Court Decisions
Secondary Legal Resources
• Not themselves law, but offer insight or
interpretation to the law.
 Law Dictionaries, Legal Encyclopedias, Case Summaries,
Restatements, Treatises and hornbooks, Law Reviews, Case
Digests, Indexes, Electronic Database, Websites, Shepard’s
Ciators.

11. Stages of Legal Research
• 1. Identify the specific issue to be researched
 Be specific, assess the facts, (Parties, Objects, Places, Basic
Issue, Defenses, and Relief Desired)
• 2. Find the Relevant Law
 Find other cases that are similar using A.L.R. or LEXIS
• 3. Read and Summarize the Relevant Law
 Case brief (one to two page summary of case to compare with
others)
• 4. Update the Relevant law
 Do Not Rely on out-of-date or overruled law
• 5. Organize the information you have collected

12. Facts: A Statement of the facts that relate
to your problems
Issue: Specific Legal Issues you wish to
resolve
Relevant Law: Secondary Legal
Resources in order of importance
Application of the Law: How the law you
found applies to the facts
Conclusion: a Statement for an anticipated
resolution.

13. Remember to rely on your research only
for informational purposes
Working Knowledge of Law
• Organizational planning, policy making, and risk
management