This document outlines the hierarchy and relationships between different levels of law and courts in the United States legal system. It begins with the Constitution as the highest form of law, followed by statutes, administrative rules, and common law. It then describes the federal and state court structures, with trial courts at the bottom, appeals courts in the middle, and supreme courts at the top. The roles and limitations of each court level are also summarized.
The document summarizes key aspects of the U.S. legal system including:
1) The primary sources of law are common law, constitutional law, statutory law, and administrative law.
2) The court system is divided into state and federal levels, with trial courts, appellate courts, and the Supreme Court at the federal level.
3) Legal resources include primary sources like constitutions, statutes, and court rulings, as well as secondary sources like law reviews and journals that examine and discuss the law.
The document summarizes key aspects of the U.S. legal system including:
1) The primary sources of law are common law, constitutional law, statutory law, and administrative law.
2) The court system is divided into state and federal levels, with trial courts, appellate courts, and the Supreme Court at the federal level.
3) Legal resources include primary sources like constitutions, statutes, and court rulings, as well as secondary sources like law reviews and journals that examine and discuss the law.
This document provides an overview of elements of law. It discusses the definition of law, the three branches of government, sources of law including enacted law and case law, the structure of the federal and New York court systems, how cases proceed through the civil and criminal litigation processes, and key concepts like precedent, stare decisis, and the hierarchy of enacted law. The goal is to provide context for what students will learn in law school and level the playing field of knowledge.
The document discusses the common law system. It explains that common law, or judge-made law, develops from judicial decisions where earlier cases set precedent. If facts are similar, courts follow interpretations from previous rulings. The document outlines the development of common law from England and how it became the basis for law in the United States. It also provides details on finding and citing cases and describes the American court system with trial courts establishing facts, appellate courts establishing law, and the Supreme Court as the highest court.
The document summarizes the jurisdiction and structure of the US federal court system. It discusses how the Constitution gives federal courts authority over cases involving federal law and the Constitution. It describes the original and appellate jurisdiction of different courts. It also outlines the selection and appointment process for judges, as well as how the Supreme Court decides which cases to hear and establishes precedents through majority, concurring and dissenting opinions.
Here are brief summaries of some landmark Supreme Court cases related to students' rights in schools:
- Tinker v. DesMoines (1969): Students have a First Amendment right to freedom of expression unless it causes a substantial disruption to school activities. Wearing black armbands to protest the Vietnam War was protected speech.
- NJ v. TLO (1985): Schools can search students if there is reasonable suspicion the search will find evidence of a violation of law or school rules. A search of a student's purse for cigarettes was justified.
- Hazlewood v. Kuhlmeier (1988): Schools have authority over school-sponsored activities like student newspapers and can censor content for educational reasons.
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.
This document provides resources for conducting no-cost and low-cost legal research using the internet. It outlines primary legal authorities like constitutions, statutes, regulations, and case law. It also discusses secondary sources for legal research and free or low-cost options for accessing primary authorities, like court websites, legislative information sites, and public domain reporters. A variety of free or low-cost legal research platforms and comprehensive legal information hubs are also presented.
The document summarizes key aspects of the U.S. legal system including:
1) The primary sources of law are common law, constitutional law, statutory law, and administrative law.
2) The court system is divided into state and federal levels, with trial courts, appellate courts, and the Supreme Court at the federal level.
3) Legal resources include primary sources like constitutions, statutes, and court rulings, as well as secondary sources like law reviews and journals that examine and discuss the law.
The document summarizes key aspects of the U.S. legal system including:
1) The primary sources of law are common law, constitutional law, statutory law, and administrative law.
2) The court system is divided into state and federal levels, with trial courts, appellate courts, and the Supreme Court at the federal level.
3) Legal resources include primary sources like constitutions, statutes, and court rulings, as well as secondary sources like law reviews and journals that examine and discuss the law.
This document provides an overview of elements of law. It discusses the definition of law, the three branches of government, sources of law including enacted law and case law, the structure of the federal and New York court systems, how cases proceed through the civil and criminal litigation processes, and key concepts like precedent, stare decisis, and the hierarchy of enacted law. The goal is to provide context for what students will learn in law school and level the playing field of knowledge.
The document discusses the common law system. It explains that common law, or judge-made law, develops from judicial decisions where earlier cases set precedent. If facts are similar, courts follow interpretations from previous rulings. The document outlines the development of common law from England and how it became the basis for law in the United States. It also provides details on finding and citing cases and describes the American court system with trial courts establishing facts, appellate courts establishing law, and the Supreme Court as the highest court.
The document summarizes the jurisdiction and structure of the US federal court system. It discusses how the Constitution gives federal courts authority over cases involving federal law and the Constitution. It describes the original and appellate jurisdiction of different courts. It also outlines the selection and appointment process for judges, as well as how the Supreme Court decides which cases to hear and establishes precedents through majority, concurring and dissenting opinions.
Here are brief summaries of some landmark Supreme Court cases related to students' rights in schools:
- Tinker v. DesMoines (1969): Students have a First Amendment right to freedom of expression unless it causes a substantial disruption to school activities. Wearing black armbands to protest the Vietnam War was protected speech.
- NJ v. TLO (1985): Schools can search students if there is reasonable suspicion the search will find evidence of a violation of law or school rules. A search of a student's purse for cigarettes was justified.
- Hazlewood v. Kuhlmeier (1988): Schools have authority over school-sponsored activities like student newspapers and can censor content for educational reasons.
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.
This document provides resources for conducting no-cost and low-cost legal research using the internet. It outlines primary legal authorities like constitutions, statutes, regulations, and case law. It also discusses secondary sources for legal research and free or low-cost options for accessing primary authorities, like court websites, legislative information sites, and public domain reporters. A variety of free or low-cost legal research platforms and comprehensive legal information hubs are also presented.
The United States legal system is based on the U.S. Constitution and divided into three branches of government at both the federal and state levels. It includes multiple sources of law from constitutions, statutes, regulations, and case law. The court system is hierarchical with trial courts, intermediate appellate courts, and highest appellate courts. A case typically progresses from trial court through the appellate process. Precedent from higher courts is mandatory authority that lower courts must follow, while decisions from other jurisdictions or secondary sources are persuasive but not binding.
The document discusses the American legal system, including its system of checks and balances between the three branches of government. It describes the federal and state court systems, from trial courts up to the Supreme Court. It also covers the jurisdiction of courts, the types of cases heard in civil and criminal courts, and how legal analysis is conducted of the constitution, statutes, regulations, and common law.
The document provides guidance on proper citation format, known as "Bluebooking," for legal documents such as briefs and memoranda. It discusses the structure of the Bluebook, typefaces, abbreviations, capitalization rules, and how to cite various legal authorities like cases, statutes, regulations, and other court documents. The checklist and examples help explain the essential information needed to properly cite sources according to the Bluebook style.
The document discusses the organization and powers of the US federal court system. It outlines the levels of federal courts, from lower courts that handle initial cases up to the Supreme Court, which has the power of judicial review to determine the constitutionality of laws. It then provides details on the current Supreme Court justices, nomination process, and how the Court evaluates cases, makes decisions, and issues rulings that can shape national public policy by striking down laws.
The document discusses the structure and jurisdiction of the United States federal court system. It begins with an overview of the main components, including 94 U.S. District Courts, 13 U.S. Courts of Appeals, and the 1 U.S. Supreme Court. It then covers the jurisdiction and authority of federal courts to hear cases involving federal laws/treaties or disputes between states/citizens of different states. The remainder discusses aspects like the process of becoming a Supreme Court justice and potential reforms around lifetime appointments.
The document provides an overview of the US Judicial Branch and federal court system. It defines key terms, describes the jurisdiction and powers of federal courts, and explains the different levels and types of federal courts including District Courts, Courts of Appeals, and the Supreme Court. It also discusses important Supreme Court cases like Marbury v. Madison that established judicial review, Plessy v. Ferguson and its "separate but equal" doctrine, and Miranda v. Arizona and its ruling around rights during police interrogation.
The document summarizes key aspects of the US federal judiciary system, including its historical roots, structure, and processes. It describes how the system was established by the Constitution and Judiciary Act of 1789, with a three-tiered structure of district, appellate, and Supreme Courts. It also discusses important cases like Marbury v. Madison that established judicial review, and how federal judges are nominated and confirmed. The Supreme Court's role in deciding which cases to hear and how it reaches and issues rulings is also outlined.
The document summarizes key aspects of the US court system, including:
1) It describes problems that arose during the Articles of Confederation period when there were no national courts and state court decisions could be ignored by other states.
2) It outlines how the Constitution established the Supreme Court and authorized Congress to create lower federal courts.
3) It provides an overview of the types of federal courts that have been established, including district courts, courts of appeals, and specialized courts like the Court of International Trade.
This presentation deals with SCOTUS in detail and uncovered all aspects of it's working ,powers etc.It is beneficial for law students who take US Constitution as their minor subject in their course.
Slide show prepared for a series of lectures on the Federal Judiciary for PS 101 American Government at the University of Kentucky, Fall 2007. Dr. Christopher S. Rice, Lecturer.
This document discusses key legal terms and concepts related to the US legal system. It covers the differences between federal and state courts, the types of courts (criminal and civil), and common legal procedures like filing a complaint, discovery, and trial. It also discusses legal research methods and the structure of a legal memorandum. The key topics covered include the constitution, common law, jurisdiction, burdens of proof, damages, motions, alternative dispute resolution, and primary vs secondary legal sources.
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.
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.
This document summarizes key aspects of the US judicial system as established by the Constitution and subsequent Supreme Court rulings, including:
1) It outlines the establishment and powers of the federal court system according to Articles III of the Constitution.
2) It describes how judges are nominated by the president and confirmed by the Senate, and the role of interest groups and politics in this process.
3) It explains the Supreme Court's power of judicial review to examine the constitutionality of laws and actions of the other branches of government.
This document provides instructions for how to brief a legal case. It explains that a case brief is a condensed summary of a court opinion that includes the facts, issue, holding, and application of the law to the facts. It provides examples of basic and more detailed case brief formats. The document concludes by summarizing a sample case brief for Mapp v. Ohio to demonstrate what a finished brief looks like.
This document provides an overview of the US legal system. It discusses how law has historically regulated human interactions for various reasons and theories like consensus theory and conflict theory. It also summarizes the crime control and due process models of the criminal justice system. Common law, statutory law, and case law are examined. Important Supreme Court cases like Marbury v. Madison and US v. Jones are briefly summarized. The roles of courts, judges, and other legal professionals are also outlined.
The document discusses the 1804 Supreme Court case Marbury v. Madison, which established the principle of judicial review by declaring that the Supreme Court has the power to invalidate laws and executive actions that it finds unconstitutional. It also discusses the debate between President Jefferson, who believed elected officials should interpret the Constitution, and Chief Justice John Marshall, who argued the Court was best suited to make such determinations. The document provides background on the structure and role of the Supreme Court as the highest court in the US.
This document summarizes the key sources of law in 3 categories: legal sources, literary sources, and specific sources. The legal sources that establish existing rules of law are the constitution, case law, legislation, equity, and custom. The literary sources that provide written records of legal rules include law reports, books, historical sources, and legal histories. The constitution is described as the most important legal source, establishing fundamental rights and government structure. Case law/common law develops legal principles from judicial precedents. Legislation includes acts of parliament and delegated legislation created by statutory bodies. Equity developed in parallel to the common law to provide fairness and remedies.
The document discusses the power of the federal courts in the United States. It notes that courts can make policy decisions by reinterpreting laws and the Constitution in significant ways. More than 160 laws have been declared unconstitutional by courts using the principle of stare decisis. The kinds of remedies imposed by courts, such as judicial orders, have expanded the reach of courts' power beyond individual cases. Views on judicial activism both support and oppose courts correcting injustices or becoming unelected legislators. Limits on judicial power and activism include stare decisis, constitutional and statutory law, actions by other branches of government, and public opinion.
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The United States legal system is based on the U.S. Constitution and divided into three branches of government at both the federal and state levels. It includes multiple sources of law from constitutions, statutes, regulations, and case law. The court system is hierarchical with trial courts, intermediate appellate courts, and highest appellate courts. A case typically progresses from trial court through the appellate process. Precedent from higher courts is mandatory authority that lower courts must follow, while decisions from other jurisdictions or secondary sources are persuasive but not binding.
The document discusses the American legal system, including its system of checks and balances between the three branches of government. It describes the federal and state court systems, from trial courts up to the Supreme Court. It also covers the jurisdiction of courts, the types of cases heard in civil and criminal courts, and how legal analysis is conducted of the constitution, statutes, regulations, and common law.
The document provides guidance on proper citation format, known as "Bluebooking," for legal documents such as briefs and memoranda. It discusses the structure of the Bluebook, typefaces, abbreviations, capitalization rules, and how to cite various legal authorities like cases, statutes, regulations, and other court documents. The checklist and examples help explain the essential information needed to properly cite sources according to the Bluebook style.
The document discusses the organization and powers of the US federal court system. It outlines the levels of federal courts, from lower courts that handle initial cases up to the Supreme Court, which has the power of judicial review to determine the constitutionality of laws. It then provides details on the current Supreme Court justices, nomination process, and how the Court evaluates cases, makes decisions, and issues rulings that can shape national public policy by striking down laws.
The document discusses the structure and jurisdiction of the United States federal court system. It begins with an overview of the main components, including 94 U.S. District Courts, 13 U.S. Courts of Appeals, and the 1 U.S. Supreme Court. It then covers the jurisdiction and authority of federal courts to hear cases involving federal laws/treaties or disputes between states/citizens of different states. The remainder discusses aspects like the process of becoming a Supreme Court justice and potential reforms around lifetime appointments.
The document provides an overview of the US Judicial Branch and federal court system. It defines key terms, describes the jurisdiction and powers of federal courts, and explains the different levels and types of federal courts including District Courts, Courts of Appeals, and the Supreme Court. It also discusses important Supreme Court cases like Marbury v. Madison that established judicial review, Plessy v. Ferguson and its "separate but equal" doctrine, and Miranda v. Arizona and its ruling around rights during police interrogation.
The document summarizes key aspects of the US federal judiciary system, including its historical roots, structure, and processes. It describes how the system was established by the Constitution and Judiciary Act of 1789, with a three-tiered structure of district, appellate, and Supreme Courts. It also discusses important cases like Marbury v. Madison that established judicial review, and how federal judges are nominated and confirmed. The Supreme Court's role in deciding which cases to hear and how it reaches and issues rulings is also outlined.
The document summarizes key aspects of the US court system, including:
1) It describes problems that arose during the Articles of Confederation period when there were no national courts and state court decisions could be ignored by other states.
2) It outlines how the Constitution established the Supreme Court and authorized Congress to create lower federal courts.
3) It provides an overview of the types of federal courts that have been established, including district courts, courts of appeals, and specialized courts like the Court of International Trade.
This presentation deals with SCOTUS in detail and uncovered all aspects of it's working ,powers etc.It is beneficial for law students who take US Constitution as their minor subject in their course.
Slide show prepared for a series of lectures on the Federal Judiciary for PS 101 American Government at the University of Kentucky, Fall 2007. Dr. Christopher S. Rice, Lecturer.
This document discusses key legal terms and concepts related to the US legal system. It covers the differences between federal and state courts, the types of courts (criminal and civil), and common legal procedures like filing a complaint, discovery, and trial. It also discusses legal research methods and the structure of a legal memorandum. The key topics covered include the constitution, common law, jurisdiction, burdens of proof, damages, motions, alternative dispute resolution, and primary vs secondary legal sources.
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.
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.
This document summarizes key aspects of the US judicial system as established by the Constitution and subsequent Supreme Court rulings, including:
1) It outlines the establishment and powers of the federal court system according to Articles III of the Constitution.
2) It describes how judges are nominated by the president and confirmed by the Senate, and the role of interest groups and politics in this process.
3) It explains the Supreme Court's power of judicial review to examine the constitutionality of laws and actions of the other branches of government.
This document provides instructions for how to brief a legal case. It explains that a case brief is a condensed summary of a court opinion that includes the facts, issue, holding, and application of the law to the facts. It provides examples of basic and more detailed case brief formats. The document concludes by summarizing a sample case brief for Mapp v. Ohio to demonstrate what a finished brief looks like.
This document provides an overview of the US legal system. It discusses how law has historically regulated human interactions for various reasons and theories like consensus theory and conflict theory. It also summarizes the crime control and due process models of the criminal justice system. Common law, statutory law, and case law are examined. Important Supreme Court cases like Marbury v. Madison and US v. Jones are briefly summarized. The roles of courts, judges, and other legal professionals are also outlined.
The document discusses the 1804 Supreme Court case Marbury v. Madison, which established the principle of judicial review by declaring that the Supreme Court has the power to invalidate laws and executive actions that it finds unconstitutional. It also discusses the debate between President Jefferson, who believed elected officials should interpret the Constitution, and Chief Justice John Marshall, who argued the Court was best suited to make such determinations. The document provides background on the structure and role of the Supreme Court as the highest court in the US.
This document summarizes the key sources of law in 3 categories: legal sources, literary sources, and specific sources. The legal sources that establish existing rules of law are the constitution, case law, legislation, equity, and custom. The literary sources that provide written records of legal rules include law reports, books, historical sources, and legal histories. The constitution is described as the most important legal source, establishing fundamental rights and government structure. Case law/common law develops legal principles from judicial precedents. Legislation includes acts of parliament and delegated legislation created by statutory bodies. Equity developed in parallel to the common law to provide fairness and remedies.
The document discusses the power of the federal courts in the United States. It notes that courts can make policy decisions by reinterpreting laws and the Constitution in significant ways. More than 160 laws have been declared unconstitutional by courts using the principle of stare decisis. The kinds of remedies imposed by courts, such as judicial orders, have expanded the reach of courts' power beyond individual cases. Views on judicial activism both support and oppose courts correcting injustices or becoming unelected legislators. Limits on judicial power and activism include stare decisis, constitutional and statutory law, actions by other branches of government, and public opinion.
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
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As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
4. Administrative Rules
U.S. Constitution
U.S. Code
Common Law
Administrative Rules
Oregon Constitution
Oregon Revised
Statutes
Common Law
Policies
City Charter
City Ordinances
Common Law
FEDERAL
STATE
LOCAL
5. Administrative Rules
Constitution
Statutes
Common Law
• Drafted, then ratified (usually
by legislative or popular vote)
• Provides structure of
government
• Outlines powers, duties, limits
of government
• Establishes fundamental rights
of people (either that gov’t
must give, or cannot infringe
upon)
• Difficult, but possible, to
amend (sometimes direct by
people)
• Examples: U.S. Constitution,
Oregon Constitution
6. Administrative Rules
Constitution
Statutes
Common Law
• Drafted, then ratified (usually
by legislative or popular vote)
• Provides structure of
government
• Outlines powers, duties, limits
of government
• Establishes fundamental rights
of people that gov’t cannot
infringe upon
• Difficult, but possible, to
amend
• Examples: U.S. Constitution,
Oregon Constitution
• U.S. Const. Art. VI
Article VI. …. This Constitution, and the
Laws of the United States which shall be
made in Pursuance thereof; and all
Treaties made, or which shall be made,
under the Authority of the United States,
shall be the supreme Law of the Land;
and the Judges in every State shall be
bound thereby, any Thing in the
Constitution or Laws of any State to the
Contrary notwithstanding.
“Supremacy Clause”
7. Administrative Rules
Constitution
Statutes
Common Law
• Enacted by legislature with
executive branch approval (or
veto override)
• Includes Civil and Criminal Law
• Limited by scope of Constitutional
powers, restrictions on same
• Often preceded / accompanied by
legislative committee reports,
hearings
• Occasionally based on model
codes
• Can be amended by subsequent
legislative enactments
• Examples: U.S. Code, Oregon
Revised Statutes (codified
statutes)
• 16 U.S.C. § 347; O.R.S. 173.300
8. Administrative Rules
Constitution
Statutes
Common Law
• Enacted by legislature with
executive branch approval (or
veto override)
• Includes Civil and Criminal Law
• Limited by scope of Constitutional
powers, restrictions
• Often preceded / accompanied by
legislative committee reports,
hearings
• Occasionally based on model
codes
• Can be amended by subsequent
legislative enactments
• Examples: U.S. Code, Oregon
Revised Statutes (codified
statutes)
• 16 U.S.C. § 347; O.R.S. 173.300
9. Administrative Rules
Constitution
Statutes
Common Law
• (aka “regulations”) Promulgated
by Administrative Agencies (which
were created by statute)
• Most common form of interaction
with public in the US
• Limited by scope of Constitutional
and statutory authority given to
agency
• Process of promulgation and
application of rules is subject of
Administrative Law
• Can be modified by later rules
• Examples: Code of Federal
Regulations; Oregon Admin. Rules
(codified rules)
• 36 C.F.R. § 13.920
10. Administrative Rules
Constitution
Statutes
Common Law
• (aka “regulations”) Promulgated
by Administrative Agencies (which
were created by statute)
• Most common form of interaction
with public in the US
• Limited by scope of Constitutional
and statutory authority
• Process of promulgation and
application of rules is subject of
Administrative Law
• Can be modified by later rules
• Examples: Code of Federal
Regulations; Oregon Admin. Rules
(codified rules)
• 36 C.F.R. § 13.920
• Special form of Rules: Rules of
Procedure = Civ Pro. (FRCP, ORCP)
11. Administrative Rules
Constitution
Statutes
Common Law
• Law announced by Courts in certain
fundamental areas
• Source of much law in nation’s first
100 years (rooted in English law)
• Much of First Year of Law School
focuses on common law areas:
Contract, Criminal, Tort, Property
• Almost exclusively state opinions
• Common law cases can be
overruled by courts, or (most
common now) codified - turned into
statutes by legislatures, or
overruled legislatively
• Model codes (seen in most areas)
attempt to synthesize & write down
common law principles for
enactment; Restatements
summarize the law.
• Limited by rules of jurisdiction &
justiciability (can’t reach out)
26. Court of Common Pleas
(County-based)
Supreme Court of Ohio
(Columbus, OH)
Ohio Ct. of Appeals
(Columbus, OH)
27. Court of Common Pleas
(County-based)
Supreme Court of Ohio
(Columbus, OH)
Ohio Ct. of Appeals
(Columbus, OH)
28. Trial Courts
Court of Last Resort
Intermediate
Appellate Court
• State: Courts of “General
Jurisdiction” (Federal = Limited J.)
• 1 or more judges on “court”
• Judges sit individually & manage
cases filed by parties
• Criminal: State or Prosecutor
files vs. Defendant (the
accused), who is “guilty” or
not guilty (std. of proof: BARD)
• Civil: Plaintiff or Petitioner files
vs. Defendant or Respondent;
D is “liable” or “not liable”
Preponderance OTE
• Facts found by judge or jury based
on affidavit & testimony / cross ex
• Many (90+%) filed cases are never
tried, but settled or dismissed
• Occasional written opinions on
motion; rarely reported @ state
level, federal D.Ct. more common;
254 F. Supp.2d 1196 (D. Or. 2014).
29. Trial Courts
Court of Last Resort
Intermediate
Appellate Court
• Appeal “as of right” when losing
party requests review
• 5-20+ judges on court
• Hear cases in groups (panels) of 3+
• Limited by established factual
record
• Limited by issues presented by
parties below or in briefs
• Limited by “standard of review.”
Don’t necessarily reverse just
because disagree
• Limited by “harmless error”
doctrine
• Focus on issues of law – disputes
of fact rarely relevant
• Written opinions, usually reported.
• Examples: Sohappy v. Smith, 529
F.2d 570 (9th Cir. 1976); Atkeson v.
T & K Lands, LLC, 258 Or. App. 373,
309 P.3d 188 (2013).
30. Trial Courts
Court of Last Resort
Intermediate
Appellate Court
• Discretionary review (choose cases)
+ some appeals as of right (capital
cases, e.g.).
• 5-9 judges on “court”; sit en banc
• Appellate decisions – attention to
legal holdings, rather than facts.
• Focus on areas of particular
importance, conflict or uncertainty
• Written, almost always reported
opinions, often multiple opinions
by different judges / justices
• Examples: Citizens United v. FEC,
558 U.S. 310 (2010); State v.
Lawson, 352 Or. 724 (2012).
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42. U.S. District Courts
U.S. Supreme Court
(federal law only)
U.S. Courts of Appeals
Circuit Courts
Oregon Supreme Court
Oregon Court of
Appeals
Trial court you start in depends on whether there is federal trial court jurisdiction, and (except in
rare cases of exclusive federal jurisdiction, whether parties choose to call upon that jurisdiction.
43. • Federal courts: limited
jurisdiction. State courts:
general jurisdiction.
• Civil case: Plaintiff sues
defendant to determine
liability by POTE
• Criminal case: Prosecutor
charges the defendant to
determine guilt BARD
• Majority (governs
precedential effect) /
Concurrence / Dissent
Editor's Notes
Welcome; JCD; Civil Procedure (Admin, Federal Courts / federal jurisdiction, Native American Law, Seminars on U.S. Supreme Court & Appellate Process, ). Goal for next hour: make sure we all share a common baseline knowledge about structure of legal system in the United States, with emphasis on sources of law and structure of the federal courts. Review for some; unfamiliar to others. This is a 30,000 foot overview. There are differences, variations, alternatives, both from state to state and system to system, as well as changes over time – it’s not necessarily always this way -- that I will not discuss here, but you’re welcome to ask about later (may have 5-10 minutes in the end for Q/A), or you can ask your other professors about. 10 minutes – sources of law; 10 minutes – structure of courts; 20 minutes relationship between courts.
-- Begin: Where does law come from? Not asking a deep theoretical or jurisprudential question. Intended to be a simple one. If you want to know where you go to identify the baseline rules governing our legal system, where do you go?
-- Four basic sources.
Both source and nature / verb used to describe enactment.
Founding fathers / drafters / ratifiers. Not given legal effect until ratified, however.
Legislatures enact laws, though usually with executive support (Congress – President; Legislature – Governor). For ease, legislatures “enact” (though governors / president usually have to sign, too, but there is veto override.
Administrative Agencies promulgate rules.
Courts interpret the above, and they also control areas of common law.
This basic structure replicates itself through the various levels of national sovereigns – federal, state, and local.
There’s surprisingly little direct conflict between these areas. Federal law is governed by allocation of authority under the Federal Constitution – federal government was granted authority by the states, and its powers are limited to those outlined in the constitution. As you’ll learn in constitutional law, the proper scope of this delegation of authority has always been in dispute, but there are limits. Where there is direct conflict, higher level authority wins (as long as it’s within the scope of the authority of the enacting entity). How do you know? Based on first big topic of conversation: Constitution!
Some notes: Federal Common Law is an unusual area. Not generally within the scope of federal court authority, as it’s not really within the scope of federal authority under the constitution generally. Most of the 1L materials that you work on are state law principles, not federal. There are some areas in which federal law governs, but many – most -- are state.
Also, common law principles applicable to localities (cities and states) are generally not established by local courts (not really that many of those), but state courts. Also, important to know that there is a difference, generally speaking, between the law that is at issue in a case and the court (or courts) that are deciding / interpreting that law.
Source of all law – or, at least, under current systems, it’s the source of all law. Constitution…
Drafted, then ratified (usually by legislative or popular vote)
Provides structure of government
Outlines powers, duties, limits of government
Difficult, but possible, to amend
Examples: U.S. Constitution, Oregon Constitution
U.S. Const. Art. VI
-- Here’s what I promised.
-- the “Supremacy Clause” – this is the kind of high-level discussion that you see.
Source of all law – or, at least, under current systems, it’s the source of all law. Constitution…
Drafted, then ratified (usually by legislative or popular vote)
Provides structure of government
Outlines powers, duties, limits of government
Difficult, but possible, to amend
Examples: U.S. Constitution, Oregon Constitution
U.S. Const. Art. VI
-- Here’s what I promised.
-- the “Supremacy Clause” – this is the kind of high-level discussion that you see.
Next one: Statutes
Enacted by legislature with executive branch approval (or veto override)
Includes Civil and Criminal Law
Limited by scope of Constitutional powers, restrictions
Often preceded / accompanied by legislative committee reports, hearings
Occasionally based on model codes
Can be amended by subsequent legislative enactments
Examples: U.S. Code, Oregon Revised Statutes (codified statutes)
16 U.S.C. § 347; O.R.S. 173.300
Next one: Statutes
Enacted by legislature with executive branch approval (or veto override)
Includes Civil and Criminal Law
Limited by scope of Constitutional powers, restrictions
Often preceded / accompanied by legislative committee reports, hearings
Occasionally based on model codes
Can be amended by subsequent legislative enactments
Examples: U.S. Code, Oregon Revised Statutes (codified statutes)
16 U.S.C. § 347; O.R.S. 173.300
Next one: Administrative Rules
(aka “regulations”) Promulgated by Administrative Agencies (which were created by statute)
Most common form of interaction with public in the US
Limited by scope of Constitutional and statutory authority
Process of promulgation and application of rules is subject of Administrative Law
Can be modified by later rules
Examples: Code of Federal Regulations; Oregon Admin. Rules (codified rules)
36 C.F.R. § 13.920
Special form of Rules: Rules of Procedure = Civ Pro. (FRCP, ORCP)
All of these forms of enacted / promulgated law are known as “positive law” – they are specifically articulated in writing by authorized bodies.
Next one: Administrative Rules
(aka “regulations”) Promulgated by Administrative Agencies (which were created by statute)
Most common form of interaction with public in the US
Limited by scope of Constitutional and statutory authority
Process of promulgation and application of rules is subject of Administrative Law
Can be modified by later rules
Examples: Code of Federal Regulations; Oregon Admin. Rules (codified rules)
36 C.F.R. § 13.920
Special form of Rules: Rules of Procedure = Civ Pro. (FRCP, ORCP)
All of these forms of enacted / promulgated law are known as “positive law” – they are specifically articulated in writing by authorized bodies.
Of course, all of these sources of law are subject to judicial interpretation in civil and criminal cases.
How is that done? Process of determining what the law means … much ink and thought spilled on this. Generally phrased as “intent of the drafters” – though even there, the idea can fall short (what did framers of Constitution think about GPS trackers or internet?)
Best evidence is: Text – and surrounding words. (“Surrounding” becomes ever broader)
Legislative history
Belief re intent
“Interpretive canons” – linguistic (Examples: “every word has meaning” & policy – based “read statutes narrowly to avoid constitutional questions.”)
Court-announced. Sometimes even looks very different than plain language of statutes. In our common law system, these statements effectively turns into “law” – common law. It does that through force of precedent – the topic for the last 10-15 minutes of class. Leave it for a moment, and talk about structure of these entities – these courts.
Once again, remember that this structure is replicated within each of the sovereign systems; Oregon has Constitution, Statutes, Administrative Rules, Common Law principles. In fact, common law principles are more important at state level than at federal level (arguably, no “general federal common law.” – Erie, which you learn about in civil procedure and federal courts.)
Will discuss role of these courts in more detail in a moment, but suffice it to say that the basic structure looks something like this: Trial courts try cases, appeals are taken by losing parties to intermediate appellate courts, and some of the intermediate appellate court cases are reviewed by the highest court – the court of last resort.
Describe State - Federal
Most familiar with federal courts
U.S. District Courts – usually one per state, but some have up to 4 – CA, NY, TX, FL
U.S. Courts of Appeal – there are 12 geographic circuits – first through 11th, and then DC Circuit.
U.S. Supreme Court.
Nominated by president, confirmed by senate, serve “during good behavior” = life term, per Article III of constitution.
Describe State – Federal. 50 different additional jurisdictions in the US; states, each with their own structures, methods of selection (many state court judges are elected to terms of office; some partisan elections, some non-partisan elections; some retention elections, some pure terms. Some appointed like federal system.) Also DC, PR, VI, Guam, other territorial courts that we won’t get into here. Same structure still holds true, though. Again, the basics run something like this…
Describe Oregon Courts. 7 justices, 13 appellate judges, then circuit judges throughout state. Are also other “limited jurisdiction” courts – will discuss shortly.
Note that the US District Court building is just across the park from the Multnomah County Circuit Court building in Downtown Portland. (Show clicks.) Cases in these courts can look very similar, but there are very particular rules about what kinds of cases can be brought in federal court. See Civil Procedure, Federal Courts.
FYI, Selection of state judges is very different than selection of federal judges – hardly any “life term” judges in state courts. More commonly based on elections, whether partisan (like in Alabama) or nonpartisan (as in Oregon), or selection / appointment by a commission, with gubernatorial involvement and subsequent “retention” elections. Even when “elected,” often initially come to bench by appointment on an interim basis. In many states, like Oregon, very rare for incumbent judges to have opposition. Leave to you and subsequent classes to discuss the way in which different methods of selection – appointment vs. election, life terms vs. limited terms – may be beneficial or not to the rule of law in different jurisdictions.
Another important distinction: Article III of the US Constitution (and, to some degree, federal statutes) define the scope of authority – the “jurisdiction” – of the federal courts. Generally speaking, not every case can appear in federal court. 2 big categories in which federal trial court jurisdiction is possible, but not necessarily required: 1) “Federal Question” cases in which the issue in the cases arises under Constitution, Laws, or Treaties of the United States,” or 2) “Diversity cases” in which plaintiff and defendant are from different states. Think about why that is… Founders were skeptical of federal government, set up system of limited powers, and limited authority of courts to specific categories in which you really needed federal courts because they were better at interpreting federal law, or because you were uncertain whether a particular court of a given state would be fair in a case where there were parties from other states in the mix.
Law & Order. – Supreme Court in NY is trial court. Note generally – states are different from federal system. Law school focuses on federal and general common law principles, because we want to train you to practice anywhere, but that means it’s your responsibility to pay attention when you move from sovereign to sovereign. Just as practicing law in France or Saudi Arabia or Germany will be different from practicing in the US, practicing in Oregon federal court different than practicing in Oregon state court. Maybe not as much of a difference, but there is. And the laws differ, too.
At state level, there are usually trial courts “of general jurisdiction.” True for (for instance) State Circuit Courts in Oregon. What does that mean? Well, this term – jurisdiction – is one you hear a lot in the first year civil procedure class. It can mean different things. Generally, refers to the scope of a court’s authority over cases or parties, or the principles associated with the scope of that authority. In this context, it means that in all states, there are some courts – generally these lower level trial courts – that have authority to hear cases of essentially every kind. Often, this authority will end up being delegated over time by the legislature to specialty courts that have exclusive or concurrent jurisdiction over certain subclasses of cases – Probate Courts, City Courts, Traffic Courts, etc. Note, however, that federal courts are not courts of general jurisdiction – they have jurisdiction limited by both constitution and statute. Learn more about this in Civil Procedure and Federal Courts.
At end of trial court case, have a “judgment” that deems guilty / not guilty; liable / not liable. If the loser doesn’t like it, they can appeal. In all but a couple of states, goes to next level – intermediate appellate courts.
Describe State – Federal. Note different citation formats, idea of “parallel citations.”
Details of each court. Some mandatory review; generally very discretionary. USSC ~15K petitions, takes about 100. Oregon a little different –
Note that all these courts have geographical limits, but theoretically, within those limits, same power. If Washington State Dept. of Ecology acts contrary to federal constitution, a federal district court in ED Washington can deem the action unconstitutional and unlawful, just as much as the Ninth Circuit or USSC can. Some limits-can get different opinions, for instance, from one geographic location to another (statute might be read to mean one thing in one circuit court, another thing in another circuit court) – that’s when the Courts of Last resort have to step in.
Nicastro – Decision you’ll read in civil procedure. Issue is whether J. McIntyre, UK corporation, can be sued in NJ state court. Personal Jurisdiction question. Did they have sufficient contact with NJ to justify bringing them to court there?
Precedent…
--Important – and arguably fundamental - part of the common law system of courts in the United States. And here I mean common law in a broad, historical sense – in the sense that courts have a substantial role in defining and articulating the legal principles that guide relationships under the law. Basic idea is that once you answer a legal question, subsequent similar legal questions should be answered in basically the same way. So look at how prior cases have decided particular legal questions.
-- Asterisks ** -- there are, of course, qualifications.
*Applies only to “legal” decisions – not factual ones. A factual finding does not bind later parties under principles of precedent (though there are equivalent doctrines that will often lock a party in once certain facts have been found in a case – issue preclusion – civ pro.)
*Strictness of “guidance” can vary – will talk about that more in a moment. Sometimes, there’s no choice by second court – must follow – other times, there is a choice.
* Relevance – Much of what you discuss & learn in 1L classes is intended to help you suss out what parts of Case 1 are relevant to Case 2, and what parts aren’t relevant, and how to make arguments about why certain legal holdings in case 1 should (or should not) apply in the second case.
* “Holdings” – Not the specific outcome (aka the judgment). What we’re talking about here is the reasoning. Sometimes, courts talk about things that they don’t have to talk about. Only holdings matter. Say that they decide that the evidence does not support a trial court’s conclusion that malpractice was committed. They then go on to talk about why the relevant statute governing damages would not support the damages that were awarded anyway. Damages discussion is arguably “dicta” and wouldn’t bind a later decision.
Precedent…
-- Legal decisions (not facts – other principles govern identical facts)
--”Guided*”? What does that mean? … different strengths of precedent exist. Look at spectrum. Sometimes very strict, sometimes not.
-- Relevant – there are ways to distinguish what look like identical words and/or situations. A lot of what you learn in law school is how to distinguish relevant prior cases.
-- Holdings – it’s only precedent if prior court thought about it carefully, relied on it, and intended subsequent courts to rely on it.
Four things we might call precedent.
When the definition says “guided*,” what does that mean?
Strictest type: Applies to decisions of USSC vs decisions of any other court on areas of expertise. Applies to decisions of Ct. App. Panels to other ct. app panels. A little different. Rules in states vary re management of decisions of intermediate courts of appeal.
Intracircuit binding precedent is Unusual example. Why? Because not in appellate relationship. If Judges Kozinski, Kleinfeld, and Graber decide a case one way, no guarantee that they – or any given CA9 panel – will hear the case. Appeals go to USSC, not to another CA9 panel. So later court panel – not in appellate relationship with first. It’s luck of the draw. Not generally the case. One D.Ct. judge doesn’t bind another D. Ct. judge in this way. BUT --
Argue that it was wrong and try and persuade court to reverse. Happened in Roper v. Simmons, MO S. Ct. concluded that USSC decision from 9 years prior was incorrect, and refused to follow it. Worked!
When the definition says “guided*,” what does that mean?
Important part of the common law system of courts in the United States. And here I mean common law in a broad, historical sense – in the sense that courts have a substantial role in defining and articulating the legal principles that guide the operative
Unusual example. Why? Because not in appellate relationship. If Judges Kozinski, Kleinfeld, and Graber decide a case one way, no guarantee that they – or any given CA9 panel – will hear the case. Appeals go to USSC, not to another CA9 panel. So later court panel – not in appellate relationship with first. It’s luck of the draw. Not generally the case. One D.Ct. judge doesn’t bind another D. Ct. judge in this way. En Banc Example: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000010168 18:30
Argue that it was wrong and try and persuade court to reverse. Happened in Roper v. Simmons, MO S. Ct. concluded that USSC decision from 9 years prior was incorrect, and refused to follow it. Worked!
When the definition says “guided*,” what does that mean?
Next level of strictness: Stare Decisis. “The decision has been made”. Significant part of common law system of courts in the United States. Essentially, point is that once a court decides an issue of law, that decision won’t be reversed unless there’s a good reason to do so.
Still has to bind prior decision; still has to
When the definition says “guided*,” what does that mean?
Important part of the common law system of courts in the United States. And here I mean common law in a broad, historical sense – in the sense that courts have a substantial role in defining and articulating the legal principles that guide the operative
Unusual example. Why? Because not in appellate relationship. If Judges Kozinski, Kleinfeld, and Graber decide a case one way, no guarantee that they – or any given CA9 panel – will hear the case. Appeals go to USSC, not to another CA9 panel. So later court panel – not in appellate relationship with first. It’s luck of the draw. Not generally the case. One D.Ct. judge doesn’t bind another D. Ct. judge in this way.
Argue that it was wrong and try and persuade court to reverse. Happened in Roper v. Simmons, MO S. Ct. concluded that USSC decision from 9 years prior was incorrect, and refused to follow it. Worked!
Most familiar with federal courts
U.S. District Courts – usually one per state, but some have up to 4 – CA, NY, TX, FL
U.S. Courts of Appeal – there are 12 geographic circuits – first through 11th, and then DC Circuit.
U.S. Supreme Court.
Nominated by president, confirmed by senate, serve “during good behavior” = life term, per Article III of constitution.