JACK FRIERY UCSD EXTENSION CLASS 3 OF 3 Introduction to the Legal System

Review the Sources of Law Jack Friery 2 Constitutions Treaties Statutes Administrative Agencies Case Law Common Law Tradition

Review of Court System Jack Friery 3 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

Three systems simultaneously Jack Friery 4 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

Jurisdiction & Venue Jack Friery 5 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

Litigation Flow Chart Pleadings Discovery Trial Post-Trial Appeal Jack Friery 6

Classifications of Law Jack Friery 7 Substantive and Procedural Law Public and Private Law Civil and Criminal Law

Classifications Chart Classifications of Law Civil Substantive Tort Law or Equity Contract Law or Equity Procedural Criminal SubstantiveProcedural Jack Friery 8

Substantive Law Jack Friery 9 Laws that regulate, define and establish legal rights and obligations.  Examples:  ContractsReal Property  AdministrativeTorts  Trusts and WillsCriminal Law  Constitutional LawCorporations What our rights and obligations are as a member of society?

Procedural Law Jack Friery 10 Establishes the methods of 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

Public Law Jack Friery 11 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

Private Law Jack Friery 12 Deals with relationships between people Affect person-to-person relationships  Examples:  Breach of Contract  Torts  Wills and Trusts  Corporation Law

Civil Law Jack Friery 13 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.

Criminal Law Jack Friery 14 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.

How to read a case Jack Friery 15 Assignment 3 – Reading a case Part of a reported case – how do you read a published case?

Discussion Topics Jack Friery 16 What area of law are you most attracted to at this point? What has surprised you the most about the American legal system?

Final Exam Jack Friery 17 Discussion

Instructor Evaluations Jack Friery 18 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 19 Questions?