1. Sources of American Law Brandy Kreisler Sources of American Law Brandy Kreisler WIU PA 201 Last updated 11/22/2010

2. Four Sources of Law  Constitutional law  Administrative law  Statutory law  Common law  Constitutional law  Administrative law  Statutory law  Common law

3. Source: Government Printing Office, 2008. Trias Politica (separation of powers)

4. Law by Branch Legislative Promulgates bills, statutes, and codes. Executive Promulgates court decisions (cases), also known as “common law.” Judicial Promulgates agencies, which produce administrative rules and regulations. Also produces Executive Orders

5. Federalism  Is a Constitutionally-regulated system whereby power is divided between a central authority and constituencies (states).  Contrast to unitary systems, where the organs of state are governed as one single unit. Most states in the world are unitary.  Is a Constitutionally-regulated system whereby power is divided between a central authority and constituencies (states).  Contrast to unitary systems, where the organs of state are governed as one single unit. Most states in the world are unitary.

6. Civil Legal Systems  Predominant legal system of the world  Also known as “Continental law” or “Romano-Germanic law”  Legislation is the primary source of law  State of Louisiana is based upon the civil law system  Predominant legal system of the world  Also known as “Continental law” or “Romano-Germanic law”  Legislation is the primary source of law  State of Louisiana is based upon the civil law system

7. Common Law  Based in the judiciary  Transported from England to the American colonies  Established in the eleventh century by King William the Conqueror in England  Established to provide uniform law to be enforced by English judges  Based in the judiciary  Transported from England to the American colonies  Established in the eleventh century by King William the Conqueror in England  Established to provide uniform law to be enforced by English judges

8. Common Law Systems  Prior cases have the same weight as statutes.  “Stare decisis” necessary to maintain continuity  Higher courts have mandatory authority; lower courts have persuasive authority.  Prior cases have the same weight as statutes.  “Stare decisis” necessary to maintain continuity  Higher courts have mandatory authority; lower courts have persuasive authority.

9. Types of Authority  Mandatory Authority—must be followed by all courts underneath the deciding court. Example: All cases from the USSC are mandatory in all courts and jurisdictions.  Persuasive Authority—may be followed by the court, but may be ignored at the judge(s) discretion. It is not binding. Example: A case from the California court of last resort is mandatory authority for all state courts in California, but only persuasive for the other 49 states.

10. The Federal Court System © 2009 Delmar, Cengage Learning. All Rights Reserved.10

11. Taken from http://www.cusd.com/ calonline/apgov/modul e4/lesmod4/4_15.htm

12. The Thirteen Federal Judicial Circuits

13. The State Court System 13

14. Court Structure of Texas Taken from http://www.courts.state.tx.us/

15. Court Structure of Alabama Taken from http://www.ncsconline.org/D_R esearch/Ct_Struct/state_inc.asp ?STATE=AL

16. Court Structure of New York Taken from http://www.ncsconline.org/D_R esearch/Ct_Struct/state_inc.asp ?STATE=NY

17. Why Do We Cite?  Make sure you give credit to the proper author.  In our common law system, referencing prior cases and authorities strengthens argument  Citing gives your readers a way to locate the actual information  Citing gives a great deal of important information as briefly as possible.  Make sure you give credit to the proper author.  In our common law system, referencing prior cases and authorities strengthens argument  Citing gives your readers a way to locate the actual information  Citing gives a great deal of important information as briefly as possible.

18. How Do We Cite? The Bluebook: A Uniform System of Citation (19th ed. 2010).

19. Features of the Bluebook  Quick Reference (inside back cover)  Extensive index at back  Introduction - explains the structure of The Bluebook  Blue-colored Practitioners' Notes (for court documents and legal memoranda)  Blue-colored Tables pages

20. Rules  Rules 1-9 cover general information  Rule 10 covers cases  Rule 11 covers constitutions  Rules 12 and 13 cover statutes and legislative materials  Rule 14 covers administrative materials  Rules 15-17 cover secondary sources such as books, periodicals, treatises, etc.  Rule 18 covers electronic sources

21. Reporters  Official Example: United States Reports (U.S.) Plessy v. Ferguson, 163 U.S. 537 (1896)  Unofficial Example: The Supreme Court Reporter (S.Ct.) United States Supreme Court Reports Lawyers’ Edition (L.Ed., L.Ed.2d) District of Columbia v. Heller, 554 U.S. ___, 128 S. Ct. 2783 (2008)  Official Example: United States Reports (U.S.) Plessy v. Ferguson, 163 U.S. 537 (1896)  Unofficial Example: The Supreme Court Reporter (S.Ct.) United States Supreme Court Reports Lawyers’ Edition (L.Ed., L.Ed.2d) District of Columbia v. Heller, 554 U.S. ___, 128 S. Ct. 2783 (2008)

22. Regional Reporter Cases from all 50 states are published in one of seven regional reporters:  Atlantic Reporter  Southern Reporter  South Eastern Reporter  South Western Reporter  North Eastern Reporter  North Western Reporter  Pacific Reporter

23. Regional Reporters (State Cases)

24. U.S. Supreme Court Citation [court of last resort (state and federal)] Elements:  Parties  volume-reporter-page  (year of decision [NEVER the court!] ) Elements:  Parties  volume-reporter-page  (year of decision [NEVER the court!] ) Baker v. Carr, 369 U.S. 186 (1962)

25. Federal Circuit Court Citation [federal courts of intermediate appellate jurisdiction] Elements:  Parties  volume-reporter-page  (court [if needed to specify jurisdiction] and year of decision) Elements:  Parties  volume-reporter-page  (court [if needed to specify jurisdiction] and year of decision) Sierra Club v. Larson, 2 F.3d 462 (1st Cir. 1993)

26. Federal District Court Citation [trial-level courts] Elements:  Parties  volume-reporter-page  (court [if needed to specify jurisdiction] and year of decision) Elements:  Parties  volume-reporter-page  (court [if needed to specify jurisdiction] and year of decision) United States v. Bin Laden, 146 F.Supp.2d 373 (S.D.N.Y 2001)

27. NY Court of Appeals Citation [state court of last resort] Elements:  Parties  volume-reporter-page of official reporter  parallel reference(s) to regional reporter(s)  (year of decision [NEVER the court!] ) Elements:  Parties  volume-reporter-page of official reporter  parallel reference(s) to regional reporter(s)  (year of decision [NEVER the court!] ) Witter v. Taggart, 78 N.Y.2d 234, 577 N.E.2d 338, 573 N.Y.S.2d 146 (1991).

28. NY Appellate Division Citation [state courts of intermediate appellate jurisdiction] Adamy v. Ziriakus, 231 A.D.2d 80, 659 N.Y.S.2d 623 (4th Dep’t 1997). Elements:  Parties  volume-reporter-page of official reporter  parallel reference(s) to regional reporter  (court [if needed to specify jurisdiction] and year of decision) Elements:  Parties  volume-reporter-page of official reporter  parallel reference(s) to regional reporter  (court [if needed to specify jurisdiction] and year of decision)

29. NY Supreme Court Citation [trial-level courts] Dorfman v. Berman, 186 Misc. 2d 415, 718 N.Y.S.2d 142 (Sup. Ct. Albany County 2000). Elements:  Parties  volume-reporter-page of official reporter  parallel reference(s) to regional reporter  (court [if needed to specify jurisdiction] and year of decision) Elements:  Parties  volume-reporter-page of official reporter  parallel reference(s) to regional reporter  (court [if needed to specify jurisdiction] and year of decision)

30. The Thirteen Federal Judicial Circuits

31. So, how do you find “Common Law”? As you have probably figured out, “common law” means “case law.” You may find cases through digital databases, in books (called “reporters”) and online.

32. Online Research Credible sources for free caselaw research include:  LexisOne:  LexisOne: http://www.lexisone.com/caselaw/fr eecaselaw  Cornell’s LII: http://www.law.cornell.edu/

33. References Government Printing Office (Superintendent of Documents). (2008). Ben’s guide to U.S. government for kids: Branches of government. [Diagram.], Retrieved August 4, 2009, from: http://bensguide.gpo.gov/3-5/government/branches.html