 Introduction to the legal system and legal research  Using electronic tools to find legal authority and resources  Conclusion/Question & Answer

The California court system is one of the three branches of government in California – judicial (courts), executive (Governor) and legislative (State Legislature). The California court system consists of the California Supreme Court, Appellate Courts and Trial Courts.

 Most cases start in Superior Court  One in each County (some have multiple branches)  Handles civil, criminal, small claims and appeals of small claims  Each Superior Court has a website with local court rules, forms and other helpful information:

 Reviews trial court decisions that are challenged by a party to the case  Appellate review is not a new trial; it is a review of the record to determine if a mistake was made that affected the outcome  There are six Appellate Districts in California, San Diego is in the Fourth Appellate District

 Highest court in California  Has discretion to review Court of Appeal decisions on important issues of law (meaning the losing party on appeal does not have a right to Supreme Court review)  Must review appeals in death penalty cases

There are two categories of legal cases, civil and criminal. The difference is important and affects issues such as who can file the case, availability of appointed counsel, and burden of proof.

A civil case is a lawsuit between private parties, including:  Small claims  General civil cases ($ disputes, contracts, damage to property, personal injury)  Family law  Landlord/Tenant  Probate

A criminal case is one filed by a government agency (district attorney) against a person who has broken a criminal law. If found guilty a defendant can receive a penalty of jail/prison sentence, a fine or both.

 Court appointed attorneys are only available in criminal cases  Civil cases have a lower burden of proof (“preponderance of evidence” or “clear and convincing evidence”), criminal cases have a higher standard of “beyond a reasonable doubt”  Civil: 9 of 12 jurors must agree on the verdict. Criminal: jury’s verdict must be unanimous

 Legal research is the process of finding legal authority (statutes, cases and regulations) that apply to your case. As a party you must present authority to the court to support your arguments.  Different types of legal authority (“primary” and “secondary”) are used for different purposes.

 Primary authority is a rule that is generally “binding” on the court, meaning that the court is required to follow it  Primary authority in California includes: › California Constitution › Statutes or codes passed by the legislature › Regulations issued by state agencies › Case law (decisions of the appellate courts and Supreme Court)

 Secondary authority explains and analyzes the primary law, and can help with finding primary law on a subject in one place  It is a good starting point for research  It is not binding authority – courts are not required to follow it.

 Law dictionaries and encyclopedias  Legal textbooks, treatises, practices guides and legal self-help books  Law review articles  Annotations published in books of codes/statutes  Legal digests  Legal briefs

 How to use electronic tools to find primary and secondary sources  Case examples › Family › General Civil › Landlord/Tenant › Immigration › Criminal › Small Claims

 Many of the sources that were used in Part II are available in print version at SDLL  SDLL reference librarians are available to help you with your research  Questions?