United States Legal System

Three Branches of Government

Multiple Sovereignties

United States Legal System Sources of Law-Federal and State Constitution

United States Legal System Constitution Judicial Article III, section 1: one Supreme Court and such inferior Courts as the Congress may from time to time ordain and establish

United States Legal System Constitution Legislative Article I, section 1 of the Constitution creates the Legislature

United States Legal System Constitution Executive Executive Article II, Section 1 : executive power vested in the President

United States Legal System Constitution Judicial Case Law

United States Legal System Constitution Legislative Public Laws U.S.C. Statutes Indiana Code Acts Statutes Public Laws Bills, Session laws, statutes

United States Legal System Constitution Executive Proclamations Administrative Decisions Executive Orders Rules and Regulations Governor and State Cabinet = administrative agencies President & Cabinet = Administrative Agencies, Administrative Law Judges Sometimes referred to as the Fourth Branch of government – Administrative Branch

Primary and Secondary Authority

Primary Authority Primary authority is the law itself. Constitutions Statutes Administrative regulations issued pursuant to enabling legislation Case law

Secondary Authority Secondary Authority is all legal materials that are not primary authority or finding aids. Secondary authority includes -encyclopedias -law reviews -treatises -ALR Secondary authority is never binding on a court.

Law Court System Intermediate Appellate Court Fact & Law Trial Court Final Appellate Court Law Intermediate Appellate Court Fact & Law Trial Court

Path of a Court Case Trial Court Intermediate Appellate Court complaint, indictment, information pre-trial activities trial decision Intermediate Appellate Court Briefs Argument Decision

Path of a Court Case Highest Court Briefs Arguments Decision

Mandatory vs. Persuasive Authority

MANDATORY Authority that a court MUST follow Typically, a higher court in the jurisdiction. Example: All IN trial courts must follow the IN Supreme Court and the IN Court of Appeals IN Court of Appeals must follow IN Supreme Court On U.S. Constitutional matters only, even state courts must follow US Supreme Court

Mandatory Regarding Constitutional Matters US Supreme Court Indiana Supreme Court Kentucky Supreme Court Kentucky Court of Appeals Indiana Court of Appeals Indiana Trial Court Kentucky District Court

PERSUASIVE Authority which carries some weight but is not binding or mandatory. Can be primary or secondary authority. Based on opinion of sister court (primary-persuasive) OR Legal scholar (secondary- persuasive)

Persuasive US Supreme Court US Court of Appeals Kentucky Supreme Court Indiana Supreme Court Indiana Court of Appeals Kentucky Court of Appeals Kentucky Trial Courts Indiana Trial Court

Review The Constitution is the supreme law of its jurisdiction and 51 major jurisdictions in the U.S. Three branches of government in each jurisdiction - Executive, Legislative, and Judicial. Each branch produces legal materials. Primary Authority and Secondary Authority The court systems of the United States and of each of the states. Mandatory and persuasive authority