Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process

(1) Sources of law Legislative Legislative Administrative Administrative Judicial Judicial Federalism: federal (supreme) vs. state Federalism: federal (supreme) vs. state

(1) Sources of law Legislative (Congress) Legislative (Congress) Constitution Constitution Statutes Statutes Legislative history Legislative history

(1) Sources of law Administrative (Securities & Exchange Commission) Administrative (Securities & Exchange Commission) Regulation (rules) Regulation (rules) Agency decisions Agency decisions Opinions Opinions No-action letters No-action letters

(1) Sources of law Judicial (federal courts) Judicial (federal courts) Constitutional review Constitutional review Statutory interpretation Statutory interpretation Common law (precedent) Common law (precedent)

(2) Court systems Federal Federal State (Michigan) State (Michigan)

(2) Court systems Federal Federal US Supreme Court US Supreme Court US Courts of Appeals US Courts of Appeals US trial courts US trial courts US District Courts US District Courts Special courts Special courts US Claims Court US Claims Court US Bankruptcy Court US Bankruptcy Court US International Court of Trade US International Court of Trade US Tax Court US Tax Court

(2) Court systems Federal Federal US Supreme Court US Supreme Court Discretionary review (from federal courts of appeal and state supreme courts) Discretionary review (from federal courts of appeal and state supreme courts) Original jurisdiction (state vs. state) Original jurisdiction (state vs. state) Appointed for life by President (Senate confirms) Appointed for life by President (Senate confirms) US Courts of Appeals US Courts of Appeals US District Court US District Court

(2) Court systems Federal Federal US Supreme Court US Supreme Court US Courts of Appeals US Courts of Appeals Appeal of right from US trial courts Appeal of right from US trial courts Review of errors (primarily legal) Review of errors (primarily legal) 11 regional circuits / DC Circuit / Federal Circuit 11 regional circuits / DC Circuit / Federal Circuit US District Court US District Court

(2) Court systems Federal Federal US Supreme Court US Supreme Court US Courts of Appeals US Courts of Appeals US District Court US District Court Limited jurisdiction (federal questions / diversity cases) Limited jurisdiction (federal questions / diversity cases) Exclusive / concurrent jurisdiction Exclusive / concurrent jurisdiction Juries for $ damages / judges for injunctions Juries for $ damages / judges for injunctions

(2) Court systems State (Michigan) State (Michigan) MI Supreme Court MI Supreme Court MI Court of Appeals MI Court of Appeals MI trial courts MI trial courts Superior court Superior court District courts District courts Magistrate court Magistrate court Small claims court Small claims court

(2) Court systems State (Michigan) State (Michigan) Michigan Supreme Court Michigan Supreme Court Discretionary review (questions of law) Discretionary review (questions of law) Elected (7 justices) Elected (7 justices) MI Court of Appeals MI Court of Appeals MI trial courts MI trial courts

(2) Court systems State (Michigan) State (Michigan) MI Supreme Court MI Supreme Court MI Court of Appeals MI Court of Appeals Appeal of right from superior courts Appeal of right from superior courts Review of errors (factual / legal) Review of errors (factual / legal) 15 elected judges (appeals heard by 3-judge panels) 15 elected judges (appeals heard by 3-judge panels) MI trial courts MI trial courts

(2) Court systems State (Michigan) State (Michigan) MI Supreme Court MI Supreme Court MI Court of Appeals MI Court of Appeals MI trial courts MI trial courts Superior court: felonies / civil > 10K / jury trial Superior court: felonies / civil > 10K / jury trial District courts: minor criminal / civil <10K / family law District courts: minor criminal / civil <10K / family law Magistrate court: traffic court / small civil <4K Magistrate court: traffic court / small civil <4K Small claims court: small civil <4K, pro se (no attorney) Small claims court: small civil <4K, pro se (no attorney)

(2) Court systems State (Michigan) State (Michigan) MI Supreme Court MI Supreme Court MI Court of Appeals MI Court of Appeals MI trial courts MI trial courts Special business court: by reference Special business court: by referencebusiness courtbusiness court Sits throughout state Sits throughout state One appointed judge One appointed judge All filings in electronic form All filings in electronic form

(3) Judicial process PleadingDiscovery Pre-trial Pre-trial Trial Trial Post-trial (appeals) Post-trial (appeals) Filters at each stage Filters at each stage

(3) Judicial process Pleading Complaint (individual or class action) Complaint (individual or class action) Answer (counterclaim / cross-claim) Answer (counterclaim / cross-claim) Filters Filters Default judgment Default judgment Motion to dismiss Motion to dismiss Rule11 sanctions Rule11 sanctions

(3) Judicial process Discovery Discovery Depositions Depositions Interrogatories Interrogatories Document requests Document requests Examinations (physical and mental) Examinations (physical and mental) Admissions Admissions Filters Filters Discovery sanctions Discovery sanctions

(3) Judicial process P re-trial P re-trial Settlement conference Settlement conference Alternative dispute methods: mediation / arbitration Alternative dispute methods: mediation / arbitration Pre-trial conference Pre-trial conference Filters Filters Summary judgment Summary judgment Voluntary dismissal (settlement) Voluntary dismissal (settlement)

(3) Judicial process Trial Trial Jury / bench trial Jury / bench trial Live, continuous: witness / exhibits Live, continuous: witness / exhibits Rules of evidence Rules of evidence Lawyer arguments Lawyer arguments Filters Filters Directed verdict (judgment as matter of law) Directed verdict (judgment as matter of law)

(3) Judicial process Post-trial (appeals) Post-trial (appeals) Reopen case before appeal Reopen case before appeal Enforcement of judgment Enforcement of judgment Appeal (on record) Appeal (on record) Filters Filters Judgment notwithstanding verdict (NOV) Judgment notwithstanding verdict (NOV) Appeal: affirm, reversal, remand Appeal: affirm, reversal, remand