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California Law. Winter 2011 January 7. Introduction to California Law. Introduction to the federal legal system Introduction to the California legal system Organization Operation Major legal concepts. Legal System . FUNCTION OF GOVERNMENT EACH BRANCH PLAYS A ROLE IN LEGAL SYSTEM
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California Law Winter 2011 January 7
Introduction to California Law • Introduction to the federal legal system • Introduction to the California legal system • Organization • Operation • Major legal concepts
Legal System • FUNCTION OF GOVERNMENT • EACH BRANCH PLAYS A ROLE IN LEGAL SYSTEM • EXECUTIVE • LEGISLATIVE • JUDICIAL
Personnel--Federal Gov. • Executive: • President and cabinet • U.S. Attorney General,deputies, support staff (civil and criminal) • Legislative • Senators • Congressmen
Cont. • Judicial Branch • Court staff, judges, magistrates and support staff • Private attorneys and support staff
Cont. Agencies • Numerous administrative boards and agencies such as: • I.R.S. • S.E.C. • Social Security
EXECUTIVE GOVERNOR ATTORNEY GENERAL AND A.G. OFFICE LEGISLATIVE SENATE ASSEMBLY CALIFORNIA LEGAL PERSONNEL
JUDGES COMMISSIONERS COURT SUPPORT CLERKS CT. RPTR. BAILIFF ATTORNEYS LEGAL SUPPORT STAFF PARALEGALS LEGAL SECY CLERKS OTHERS PERSONNEL: JUDICIAL BRANCH
JUDICIAL COUNCIL STATE BAR SECRETARY OF STATE DEPT. OF CORP. DEPT. OF REAL ESTATE MOTOR VEH. DEPT. DEPT. OF CONSUMER AFFAIRS DEPT. OF UNEMPLOYMENT AND DISABILITY INSURANCE COMMISSIONER W.C.A.B. CALIF. BOARDS AND AGENCIES
COUNTY RECORDER COUNTY CLERK LOCAL BAR ASSOC. DISTRICT ATTY PUBLIC DEFENDER COUNTY COUNSEL CITY ATTYS PROBATION DEPT. P.A.S.C.C.O. LOCAL AGENCIES
FEDERALISM Residents of California are subject to laws of United States and the laws of the state of California. Both the federal and state governments control
FEDERAL GOVERNMENT • EXECUTIVE--PRESIDENT AND CABINET • LEGISLATIVE--BICAMERAL • JUDICIAL--SUPREME COURT AND LOWER COURTS
INTERESTING WEB SITE www.uscourts.gov
The U.S. Supreme Court The Supreme Court is primarily a court of review that exercises appellate jurisdiction It hears cases from the lower federal courts. It will hear cases that originate in the state courts if the case involves constitutional issues or a question of federal law.
UNITED STATES COURT OF APPEALS • REVIEW CASES FROM DISTRICT COURTS • COURTS OF REVIEW OR APPEAL
UNITED STATES DISTRICT COURTS • TRIAL COURTS • 90+ DISTRICTS IN U.S. • USUALLY ONE JUDGE EXCEPT WHERE CONSTITUTIONALITY OF STATE LAW IS IN ISSUE • CALIFORNIA: NORTHERN, SOUTHERN, CENTRAL AND EASTERN