THE US LEGAL SYSTEM

A Brief IntroductionProfessor Margaret Martin Barry

STRUCTURE

Federal Government Fifty state governments Territorial and DC governments Local governments, e.g. county and

city governments

THE FEDERAL GOVERNMENT

Three BranchesLegislative

Executive

Judicial

LEGISLATIVE

US Congress House Senate

When both agree and the President signs, bill becomes federal law and applies to everyone in the country.

EXECUTIVE

Headed by the PresidentPresident appoints the heads of the federal

agenciesThe agencies are responsible for the

adminisatration of federal laws

JUDICIAL BRANCH

Headed by the US Supreme Court Includes

Federal courts of appeals Federal trial courts

STATE GOVERNMENTS

Three branches: Legislative Executive Judicial

State highest court State court of appeals State trial court

GOVERNMENT STRUCTURE(FEDERAL V. STATE COMPARED)

Branch Federal Government

State Government(s)

Legislative CongressGeneral Assembly,

State Assembly, House of

Delegates, House of Representatives

Executive

President Governor

Judicial

Supreme CourtCircuit Court of

AppealsFederal District

Courts

Supreme Court (usually)

Appellate Court Trial Court

How do you tell who has the power, the Federal Government or State Government

THREE TYPES OF POWERS UNDER THE U.S. CONSTITUTION

Enumerated Powers Reserved Powers Concurrent Powers

ENUMERATED POWERS

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States . . . To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes . . .”

U.S. Const. Article 1, sec. 8

RESERVED POWERS

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

U.S. Const. amend X

CONCURRENT POWERS

The power of either Congress or the State legislatures, each acting independently of the other, to make laws on the same subject matter.(e.g., set up courts, tax, create and enforce laws, build and maintain roads)

HOW CLEAR ARE THESE LINES?

Many disputes over whether federal government or the states have the power

The separation of powers between federal and state government is constantly evolving

You will study this

WHICH COURT CAN HEAR THE CASE?

State courtsare courts of

general jurisdiction Federal courts

are courts of limited

jurisdiction

STATE COURTS

Where to start? Trial Appellate Supreme

Some states have only one level of appeals, and some states call their trial level court “supreme”

Highest state court is the final word on state statutes, regulations and constitution

FEDERAL COURTS

Where to start? Federal district court Federal court of appeals or circuit court U.S. Supreme Court

SC hears cases involving the US Constitution, federal statutes and federal regulations

SC only agrees to hear a fraction of the cases submitted

RELATIONSHIP BETWEEN FEDERAL COURTS AND STATE COURTS

The Supreme Court

Circuit Courts of Appeals

Federal District Courts

Highest State Court (e.g., Vermont Supreme Court)

State Appeals Court

Local Trial Courts

KINDS OF LAW

1. Constitution (federal or state)

2. Statutory

3. Regulatory

4. Common Law

PRECEDENT

State courts are bound by decisions of higher state courts within the same state, or by the U.S. Supreme Court where federal law is involved.

Federal courts are bound by decisions of the US Supreme Court

Federal district courts are bound by the decisions of the federal circuit courts within their own circuit

On state law matters, federal courts are bound by decisions of the highest court of the state, but not by state appeals or trial courts

PERSUASIVE AUTHORITY

A court is not bound by decisions of lower courts or courts outside of the jurisdiction, but will often be persuaded by them

Other authority – treatises, scholarly articles and other reliable sources may also be considered

WHAT CASES ARE TYPICALLY BEFORE A FEDERAL COURT?

Cases involving violations of federal law

Cases involving questions about constitutional interpretation

Cases involving disputes between people from two different states

EXCLUSIVE FEDERAL COURT JURISDICTION Suits between states Cases involving foreign ambassadors and other

high ranking public figures Federal crimes Bankruptcy Patent, Copyright and Trademark cases Admiralty Antitrust Securities and banking regulation Other cases specified by federal statute

FEDERAL COURTS

http://www.vtd.uscourts.gov/

http://www.vtd.uscourts.gov/sites/vtd/files/LocalRules.pdf

http://www.ca2.uscourts.gov/

http://www.uscourts.gov/FederalCourts.aspx

WHAT CASES ARE TYPICALLY BEFORE A STATE COURT?

Any type of case that does not fall within the exclusive jurisdiction of the federal courts

Cases involving violations of state law

Cases involving questions of state constitutional interpretation

STATE COURT

http://www.vermontjudiciary.org/GTC/default.aspx

http://www.dccourts.gov/internet/welcome.jsf

CONCURRENT JURISDICTION AREAS

Diversity cases

Federal Question cases

A CIVIL CASE: PROCEDURAL CONSIDERATIONS

Is there personal jurisdiction over the defendant

Is there subject matter jurisdiction over the case

Does the court have venue What law should apply Who might we want to join as parties What should the complaint say

ADDITIONAL PROCEDURAL CONSIDERATIONS

How will we get information needed to support our claim

Dispute Resolution steps: Default Summary judgment Settlement – negotiation; mediation Arbitration Trial

Judgments Appeals Estoppel

CIVIL CASE

Jane Smith comes to your office. The appointment note indicates that her car was hit by someone a few weeks ago. She was injured, and her car totaled.

When Ms. Smith comes to your office, what are your concerns? What will you want to know?

ADDITIONAL RESOURCE

http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx