U.S. Legal System

1. U.S. Legal System Chapter 1

2. Common Law • Derived from customs, rules and experiences in England • Based on precedents – stare decisis • Also known as “judge-made law” or “case law”

3. Constitutional Law • Laws based on written terms in constitutions (federal and/or state) • Actual language of constitutions tends to be vague – judges must interpret and define terms therein • Provides rights and protections

4. Statutory Law • Statutes • laws created by state and federal legislatures • Ordinances • laws created by local (city, county, municipality) governments • Requires jurisdiction to be enforceable • Doctrine of supremacy rules • federal  state  county  city

5. Administrative Law • Pertains to rules and regulations of governmental agencies (e.g., DCF, FDLE, DHSMV) • Rules made by agency apply strictly to that agency • Administrative hearings are much like regular court trials

6. Criminal Law • Based on federal and/or state statutes (penal codes) • “State of Florida vs. ____________” • “State of Florida” – general public – is represented by Asst. State Attorney • Must be found guilty “beyond a reasonable doubt” • Punishments • by fines, community service, probation and/or imprisonment

7. Civil Law • 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

8. Anatomy of a Civil Lawsuit • Complaint • Plaintiff specifically alleges wrongdoing 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. If complaint is insufficient, a motion to dismiss may be filed instead.

9. Anatomy of a Civil Lawsuit (cont’d.) • Discovery – Fact and information gathering • Request for Production • Interrogatories • Depositions • Mediation – Attempt to settle between parties with help of neutral 3rd party • Trial – jury v. non-jury • Witnesses – Fact v. Expert • Appeal?!?

10. U.S. Court System • The vast majority of cases settle before trial • There are state courts and federal courts, based on the issues at hand • There are specific courts designed to deal with certain types of disputes, e.g. – bankruptcy and small claims courts

11. 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

12. 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 decision are based

13. U.S. Federal Court System • 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 96 in the U.S. • Appeals go to Federal Appellate Court  U.S. Supreme Court

14. State Court System • Levels of courts have different names in different states – FL = County and/or Circuit Courts • County courts hear < $15,000, landlord/tenant, other small issues • Circuit Courts hear $15,000 +, Family Law Issues, etc. • Appeals go to District Court of Appeals  State Supreme Court  U.S. Supreme Court

15. Legal Resources • When researching legal information, there are two types of resources • Primary sources • Case law, Constitutions (state and federal), Statutes, and Administrative Regulations • Secondary sources • Legal articles, textbooks, dictionaries, encyclopedias, and journals • Judges will base decisions on Primary sources, unless no such sources are available