Post on 24-Feb-2016
description
United States Legal System
Three Branches of Government
Multiple Sovereignties
United States Legal System
Constitution
Sources of Law-Federal and State
United States Legal System
Constitution
Judicial
United States Legal System
Constitution
Legislative
United States Legal System
Constitution
Executive
Executive
United States Legal System
Constitution
Judicial
Case Law
United States Legal System
Constitution
Legislative
StatutesPublic Laws
Public Laws
U.S.C.Statutes
Indiana CodeActs
United States Legal System
Constitution
Executive
ProclamationsAdministrative Decisions
Executive Orders
Rules and Regulations
Primary and Secondary Authority
Primary Authority
• Primary authority is the law itself.– Constitutions– Statutes– Administrative regulations issued pursuant to
enabling legislation – Case law
Secondary Authority
• Secondary Authority is all legal materials that are not primary authority or finding aids. Secondary authority includes -encyclopedias
-law reviews -treatises -ALR
• Secondary authority is never binding on a court.
Court System
Final Appellate Court
Intermediate Appellate Court
Trial Court
Law
Fact & Law
Path of a Court Case
• Trial Court– complaint, indictment, information– pre-trial activities– trial– decision
• Intermediate Appellate Court– Briefs– Argument– Decision
Path of a Court Case
• Highest CourtBriefsArgumentsDecision
Mandatory vs. Persuasive Authority
MANDATORY• Authority that a court MUST follow• Typically, a higher court in the jurisdiction.
Example: – All IN trial courts must follow the IN Supreme Court
and the IN Court of Appeals – IN Court of Appeals must follow IN Supreme Court
• On U.S. Constitutional matters only, even state courts must follow US Supreme Court
Mandatory
Indiana Supreme Court
Indiana Court of Appeals
Kentucky Supreme Court
Kentucky Court of Appeals
Kentucky District Court
Indiana Trial Court
US Supreme CourtRegarding
Constitutional Matters
PERSUASIVE• Authority which carries some
weight but is not binding or mandatory.
• Can be primary or secondary authority.– Based on opinion of sister court (primary-
persuasive) OR– Legal scholar (secondary- persuasive)
PersuasiveKentucky Supreme Court
Kentucky Court of Appeals
Indiana Supreme Court
Indiana Court of Appeals
Indiana Trial Court
Kentucky Trial Courts
US Supreme Court
US Court of Appeals
Review• The Constitution is the supreme law of its
jurisdiction and 51 major jurisdictions in the U.S.• Three branches of government in each
jurisdiction - Executive, Legislative, and Judicial. Each branch produces legal materials.
• Primary Authority and Secondary Authority• The court systems of the United States and of
each of the states.• Mandatory and persuasive authority