Chapter 1 : Introduction to the American Law

Topics covered in this snack-sized chapter:



Introduction: The US Legal System arrow_upward


  • The US constitution is the basic source of all laws.
  • The US law is derived from customs, rules and experiences in England.
    • Based on precedents

     


    Branches of Government arrow_upward



    Creation of US Law arrow_upward



    Source of US Law arrow_upward



    US Constitution

  • The basic source of all laws.
  • The supreme law of the United States.
  • It provides the framework for the organization of the United States Government.

    • Statutes

  • Laws written by federal or state legislatures and signed by President or Governor.
  • Statutes are general policy framework.

    • Regulations

  • Regulations add detail
    • Essentially guidelines issued to clarify laws.
  • Legislatures delegate power to administrative agencies to develop regulations.

    • Cases

  • The published opinions of judges that arise from court cases.
  • Legal system depends on these decisions and the precedents they establish.

    • Constitutional Law arrow_upward


  • Provides rights and protections.
  • Laws based on written terms in constitutions
    • Judges must interpret and define terms.

    Statutory Law arrow_upward


  • Statutes
    • Laws created by state and federal legislatures
  • Ordinances
    • Laws created by local (city, county, municipality) governments
    • Requires jurisdiction to be enforceable

    Administrative Law arrow_upward


  • Pertains to rules and regulations of governmental agencies.
    • Rules made by agency apply strictly to that agency.

    Criminal Law arrow_upward


  • Punishable by fines, community service, probation and/or imprisonment.
  • Must be found guilty “beyond a reasonable doubt”

    • Civil Law arrow_upward


  • Non-criminal matter in which $$ damages are often sought to repair injured party
    • Between plaintiff (injured party) and defendant (party responsible for injury)
    • Requires only a “preponderance of the evidence” to win the case – 51%
  • Represents the majority of cases associated with sports and fitness

    • Anatomy of a Civil Lawsuit arrow_upward


  • Complaint – Plaintiff specifically alleges wrong doing by Defendant.
  • Summons – Plaintiff serves complaint on Defendant with Summons.
  • Answer – Defendant has twenty (20) days to file formal response admitting or denying each allegation.
  • Discovery – Fact and information gathering.
  • Mediation – Attempt to settle between parties with help of neutral 3rd party.
  • Trial – Jury vs. Non-jury.
  • Witnesses – Fact vs. Expert.

    • U.S. Court System arrow_upward


  • Trial Courts
    • The lowest level of the court system
    • Hears the facts and issues of a specific case
    • Decides what rules of law apply to the facts
    • Applies those rules
    • Renders a judgment
  • Appellate Courts
    • Trial court decisions can be appealed (within certain guidelines).
    • Appellate court decisions can only be based on evidence and transcripts from the original trial, as well as legal briefs regarding application of the laws.
    • Appellate court may sustain, reverse, modify, or remand the lower court’s decision.
    • Published opinions become “case law” upon which future legal decisions are based.
  • State Court System
    • Includes County courts and Circuit courts
    • Appeals go to District Court of Appeals à State Supreme Court à U.S. Supreme Court
  • Federal Court
    • Hears cases in which a federal law is at issue
    • Also hears cases where there is diversity jurisdiction
    • At least one federal district court (trial level) in each state, and 98 in the U.S

    State Court System arrow_upward



    State Court and Supreme Court arrow_upward



    Federal Court System arrow_upward


  • Consists of
    • United States Supreme Court
    • United States Courts of Appeals (13 circuit courts)
    • Federal District Courts (98 district courts)

    Supreme Power of the Courts arrow_upward


  • When court acts as the interpreter of the U.S. Constitution, it has the supreme power.


    • Limited Power of the Courts arrow_upward


  • When the courts interpret the laws created by the legislative branch:
    • The legislature may change or alter the law or write another law if they disagree with the court’s interpretation.

    Stare Decisis arrow_upward


  • Helps courts stay efficient
  • Practice of deciding new cases based on precedent
  • A higher court’s decision based on certain facts and law is a binding authority on lower courts.


    • Thank You from Kimavi arrow_upward


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