chapter 1 U.S. Legal System

Chapter Objectives After reading this chapter, you will know the following: The primary sources of law in the U.S. legal system The function and process of the federal and state court systems The key types of law in the United States Common legal resources

Introduction Video WxtKIhttp:// WxtKI

Why Is This Important? To understand legal consequences of decisions To use legal knowledge to aid in management decision making To understand legal terminology and concepts To gain an interest in law

Sources of U.S. Law English Common Law - AKA “precedent law” Constitutional Law Statutory Law Administrative Law (regulatory)

Common Law Tradition began in medieval England factoring in rules, customs and experience Employs a system of precedents, known as stare decisis, to assist in deciding future cases –Prior court decisions serve as a guide to similar future cases Serves as a basis of the legal systems of most English-speaking nations

Constitutional Law Derives from supreme U.S. Constitution and subordinate state constitutions Set forth the basic organization, powers, and limits of their respective governments Any statute, court ruling, or administrative rule cannot contradict the constitution Bedrock to the legal system

Statutory Law Statutes are enacted by state and federal legislatures Ordinances are laws created by local (e.g., city) governments Under the Supremacy Clause of the U.S. Constitution, federal law supersedes conflicting state law Common statutory law that applies to sports: –Title IX –Americans with Disabilities Act –Volunteer Immunity Act

Administrative Law Involves rules promulgated by specialized bodies created by local, state, and federal governments –Given the power by local, state, and federal governments to create and enforce their own laws, often termed rules and regulations Examples of “Administrative Agencies”: –IRS (tax) –OHSA (workplace safety) –FTC (Federal Trade Commision)

Hierarchy of Laws t0

Court Systems State system –State trial courts –State courts of appeal –State supreme court Federal system –U.S. (federal) district courts –U.S. (federal) courts of appeal United States Supreme Court –Nine justices –Chief Justice is John Roberts –

Trial Courts and Appellate Courts Trial courts –Decide cases based on evidence presented –Juries serve as fact finders Appellate courts –Do not review new evidence, listen to witnesses, make different or new determinations of fact, or use a jury –Focus on questions of law: application, interpretation, constitutionality –Often remand cases back to trial courts based on their legal interpretation

Jurisdiction of Courts State courts: Usually hear cases involving state law Federal courts: More limited jurisdiction –Federal law –Federal question –Diversity of citizenship –Federal specialized courts hear particular types of cases: Military Tax Bankruptcy

2 types of US Law Criminal Law – identifies what behavior is criminal and stipulates punishments and penalties Civil Law – seeking of monetary damages for act or failure to act by another that results in harm

Anatomy of a Lawsuit Complaint (allegations by P) Answer (response by D) Discovery: depositions and interrogatories Motions: dismissals and judgments Trial: jury selection, opening and closing arguments, direct and cross examinations (P, then D), closing arguments Appeals

Legal Resources Primary sources: actual law –U.S. and state constitutions –Federal and state statutes –Court rulings (common law) –Regulations (continued)

Legal Resources (continued) Secondary sources: scholarship Examine, inform, or review law; legal issues and topics –Law review articles –Professional journals –American Law Institute (Restatement series) –Journal of Legal Aspects of Sport –This textbook

Locating Legal Resources Lexis-Nexis database Lexis-Nexis academic universe Westlaw database Sports Law Blog For additional legal information, go to

Legal Citations Doe vs. XYZ Corp.555F.2d777 Case nameVolume number Name of reporter Page number

Key Terms Stare decisis Constitutional law Statutory law Doctrine of Supremacy Administrative Agencies Criminal Law Civil Law Complaint Summons Answer Pleadings Discovery Interrogatories Deposition Summary Judgement Expert Witnesses Remand Diversity Jurisdiction Case Law Primary sources Secondary sources