Legal research and writing quiz
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Putman4ePPT_ch01.pptxINTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES
Chapter 1
1
Introduction
Law
The enforceable rules that govern individual and group conduct in a society
Legal Research
Process of finding the law that applies to a client’s problem
Legal Analysis
Process of determining how the law applies to the problem
Sources of Law: Categories
Two Main Categories of Law
Enacted law
Common law/case law
Sources of Law: Enacted Law
Enacted Law
Body of law adopted by the people or legislative bodies
Enacted law includes:
Constitutions—adopted by the people
Statutes, ordinances—laws passed by legislative bodies
Regulations—actions of administrative bodies that have the force of law
Sources of Law: Constitutions
Constitutions
Establishes the framework for the operation of government
Defines the powers of government
Guarantees the fundamental rights of the people
Both federal and state governments have constitutions
Sources of Law: Statutes
Statutes
Laws passed by legislative bodies
Declare rights and duties, or command or prohibit certain conduct
Referred to as: acts, codes, statutes, or ordinances
Sources of Law: Regulations
Regulations
Administrative law
Day-to-day running of the government and implementation of the laws
Sources of Law: Common/Case Law
Common Law/Case Law
Common law: the body of law created by courts when the legislative authority has not acted
Case law: includes the law created by courts in the absence of enacted law and the law created when courts interpret or apply enacted law
The term common law is often used to encompass all law that is not enacted law
Sources of Law: Role of the Courts
Role of the Courts
Resolve disputes in a peaceful manner through the application of the law to the facts of the case
When there is no enacted or case law governing a dispute, the court may create new law
Opinion: court’s written decision
Includes how court ruled in a case and the reasons for the decision
Sources of Law: Parallel Systems
Two Parallel Court Systems
Federal court system
State court system
Sources of Law: Jurisdiction
Jurisdiction
Extent of a court’s authority to hear and resolve specific disputes
Types of Jurisdiction
Personal jurisdiction
Subject matter jurisdiction
Sources of Law: Personal Jurisdiction
Personal Jurisdiction
Over persons by geographic area
Jurisdiction of state courts is limited to the geographic boundaries of the state or to matters that have some connection with the state
Sources of Law: Subject Matter Jurisdiction
Subject Matter Jurisdiction
Over subject matter by types of cases
Two types of subject matter jurisdiction in both federal and state court systems
General jurisdiction
Limited jurisdiction
Sources of Law: Concurrent Jurisdiction
Concurrent Jurisdiction
More than one court has the authority to deal with the same subject matter
Plaintiff may choose the court in which to file the case
Sources of Law: Federal Courts
Three Levels in Federal Court System
Trial courts
U.S. District Court—main federal trial court
Court of appeals
Review the decision of a trial court to determine and correct any errors that may have been made
United States Supreme Court
Highest court in the land
Final appellate court
Sources of Law: State Courts
Three Levels in State Court System
Trial courts
Court of appeals (most states)
State supreme court
Sources of Law: Precedent and Stare Decisis
Precedent
Earlier court decision that applies to govern or guide a subsequent court in its determination of an identical or similar issue based on identical or similar facts
Stare Decisis
Basic principle that requires a court to follow a previous decision of that court or a higher court when the current decision involves similar issues and facts
Hierarchy of the Law: General Rules
Hierarchy of Law
Constitution (highest)
Enacted law
Common law/case law (lowest)
Hierarchy of the Law: Federalism and Supremacy
Federalism
Separation of powers between federal and state governments
Supremacy Clause
Federal law is supreme
Authority: Types
Types of Authority
Primary authority: the law itself
Secondary authority: non-law sources on which courts may rely
Authority: Primary
Primary Authority
Two main categories
Enacted law
Common law/case law
Examples: constitutions, statutes, ordinances, regulations, and court opinions
Authority: Secondary
Secondary Authority
Legal resources that summarize, compile, explain, comment on, interpret, or in some other way address the law
Examples: legal encyclopedias, treatises, law reviews, restatements, annotations, law dictionaries
Authority: Mandatory
Mandatory Authority
Any source that a court must rely on or follow when reaching a decision
Primary authority can be mandatory authority
Secondary authority can never be mandatory authority
Authority: Persuasive
Persuasive Authority
Any authority a court is not bound to consider or follow but may consider or follow when reaching a decision
Where there is mandatory authority, persuasive authority is not necessary
Includes primary authority and secondary authority
Introduction to Legal Citation
Alerts the reader that the content is from another source and not the author’s own thoughts
Demonstrates the strength of the law and type of authority
Allows the reader to identify and locate the source
Introduction to Legal Citation: Bluebook
The Bluebook: A Uniform System of Citation
Organized into four parts:
Introduction, explains how to navigate the manual
Bluepages, summarizes the citation rules
Rules, gives specifics on how to cite each type of legal source
Tables, lists citation abbreviations
Introduction to Legal Citation: ALWD Overview
The ALWD Guide to Legal Citation
Easier to use than the Bluebook
Focuses on citation format for legal documents instead of legal periodicals and law reviews
Introduction to Legal Citation: ALWD Parts
The ALWD Guide: 7 parts
Introductory Material: how to use the manual
Text of Citation Rules (Citation Basics and Citing Specific Sources)
How to Use Citations
The Appendices: abbreviations and tables
