Introduction to the Legal System Jack Friery UCSD Extension Class 3 of 3 Jack Friery © 2011
Review the Sources of Law Constitutions Treaties Statutes Administrative Agencies Case Law--Common Law Tradition Jack Friery © 2011
Review of Court System Most States have a three-tiered system of courts Trial Intermediate Appellate Supreme Court (Appellate) Federal Court System also has three levels of courts Odds & ends: small claims, bankruptcy courts, probate Jack Friery © 2011
Three systems simultaneously Federal Congress President & administrative agencies U.S. Supreme Court, U.S. Court of Appeals, U.S. District Court State Legislature Governor & state administrative agencies State courts Local City or County Council Mayor or County Supervisor & local administrative agencies Local courts Jack Friery © 2011
Jurisdiction & Venue Jurisdiction pertains to the authority to hear the type of case by the court Personal Property Subject-matter Venue is the location of the Courthouse Downtown vs. North County vs. Eureka Jack Friery © 2011
Litigation Flow Chart Pleadings Discovery & Motions Trial Post-Trial Appeal FRCP Rule 12(c): (c) Motion for Judgment on the Pleadings. After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings. Jack Friery © 2011
Classifications of Law Substantive and Procedural Law Public and Private Law Civil and Criminal Law Jack Friery © 2011
Classifications Chart Jack Friery © 2011
Substantive Law Laws that regulate, define and establish legal rights and obligations Examples: Contracts Real Property Administrative Torts Trusts and Wills Criminal Law Constitutional Law Corporations What our rights and obligations are as members of society Jack Friery © 2011
Procedural Law Establishes the methods for enforcing the substantive laws Examples: Federal and State Rules of Evidence Rules of Civil Procedure Rules of Criminal Procedure How we apply and enforce the substantive rights Jack Friery © 2011
Public Law The relationship between persons and their government Examples Constitutional Law – right to vote, a voice in government Administrative Law – entitlements through agency – Social Security Criminal Law – crimes against society, even though the crime might be committed against an individual Jack Friery © 2011
Private Law Deals with relationships between people Affects person-to-person relationships Examples: Breach of Contract Torts Wills and Trusts Corporation Law Jack Friery © 2011
Civil Law Embodies the whole area of law that exists between persons or between citizens and their government Some civil law is public and some is private A suit by the government against a citizen is public even though it may involve a civil wrong Jack Friery © 2011
Criminal Law Involves a wrong against the public as a whole A person accused of a crime has violated society’s standard of conduct Although the crime may also involve a civil wrong, such as assault and battery, criminal law is public law Jack Friery © 2011
How to read a case Assignment 3 – Reading a case Part of a reported case – how do you read a published case? Jack Friery © 2011
Final Exam Discussion Jack Friery © 2011
Class Evaluations Please give as much feedback as you feel appropriate about both the course and the instructor. Evaluations are entered directly into the system – I will not see these until after grades are posted. Only way we improve is when we know what is working and what is not! Jack Friery © 2011
Questions? Jack Friery © 2011