Chapter Four The American Legal System In this chapter, you will learn about:  How the American legal system is structured  The difference between criminal and civil law  The difference between procedural and substantive law  Which cases can be brought in which courts  Hierarchy of the court’s structure

Common Law Common law is the body of law that develops and derives from judicial decisions as distinguished from statutes or constitutions.

Stare Decisis and Precedent Stare Decisis: Latin for ‘‘let the decision stand’’; concept of relying on judge-made case law in similar cases Precedent: A case or legal authority that governs a later case

Civil Law Civil law is a body of law depending more on legislative enactments than on case law. The law of civil or private rights, as opposed to criminal law.

Statute A statute is a law passed by a legislative body.

Jurisdiction Jurisdiction is the power of a court to hear a case.  Subject matter jurisdiction  Personal jurisdiction  In rem jurisdiction  Federal question jurisdiction  Diversity jurisdiction

Criminal Law vs. Civil Law A crime is an act against society committed in violation of a statute. A civil action is an action brought by a private party to redress injury to the party.

Civil v. Criminal law “The difference between civil law... and criminal law turns on the difference between two different objects which the law seeks to pursue — redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished, he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite benefit from the law, or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the wrongdoer; to give him and others a strong inducement not to commit the same or similar crimes, to reform him if possible, and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution.” William Geldart, Introduction to English Law 146 (D.C.M. Yardley ed., 9th ed. 1984).

Substantive Law vs. Procedural Law Substantive law is law that defines and regulates rights and obligations, such as family law or torts. Procedural law is law that relates to the methods of enforcing substantive rights.

Federal Court Structure United States Supreme Court United States Courts of Appeals United States District Courts

Legal Remedies Compensatory damages Punitive damages Nominal damages Liquidated damages

Equitable Remedies Injunctive relief Declaratory relief Specific performance Rescission Reformation