1. chapter 1
U.S. Legal System

2. Chapter Objectives
After reading this chapter, you will know the following:
The primary sources of law in the U.S. legal system
The function and process of the federal and state court systems
The key types of law in the United States
Common legal resources

3. Why Is This Important? To understand legal consequences of decisions
To use legal knowledge to aid in management decision making
To understand legal terminology and concepts
To gain an interest in law

4. Sources of U.S. Law English common law Constitutional law
Statutory law
Administrative law

5. Common Law Tradition began in medieval England
Employs a system of precedents, known as stare decisis, to assist in deciding future cases
Prior court decisions serve as a guide to similar future cases
Serves as a basis of the legal systems of most English-speaking nations

6. Constitutional Law
Derives from U.S. Constitution and state constitutions
Set forth the basic organization, powers, and limits of their respective governments
Any statute, court ruling, or administrative rule cannot contradict the constitution
Bedrock to the legal system

7. Statutory Law Statutes are enacted by state and federal legislatures
Ordinances are laws created by local (e.g., city) governments
Under the Supremacy Clause of the U.S. Constitution, federal law supersedes conflicting state law
Common statutory law that applies to sports:
Title IX
Americans with Disabilities Act
Volunteer Immunity Act

8. Administrative Law
Involves rules promulgated by specialized bodies created by local, state, and federal governments
Given the power by local, state, and federal governments to create and enforce their own laws, often termed rules and regulations
Examples of administrative agencies:
IRS
OHSA
FTC

9. Court Systems State system Federal system United States Supreme Court
State trial courts
State courts of appeal
State supreme court
Federal system
U.S. (federal) district courts
U.S. (federal) courts of appeal
United States Supreme Court
Nine justices
Chief Justice is John Roberts

10. Trial Courts and Appellate Courts
Decide cases based on evidence presented
Juries serve as fact finders
Appellate courts
Do not review new evidence, listen to witnesses, make different or new determinations of fact, or use a jury
Focus on questions of law: application, interpretation, constitutionality
Often remand cases back to trial courts based on their legal interpretation

11. Jurisdiction of Courts
State courts: Usually hear cases involving state law
Federal courts: More limited jurisdiction
Federal law
Federal question
Diversity of citizenship
Federal specialized courts hear particular types of cases:
Military
Tax
Bankruptcy

12. Anatomy of a Lawsuit Complaint (allegations by P)
Answer (response by D)
Discovery: depositions and interrogatories
Motions: dismissals and judgments
Trial: jury selection, opening and closing arguments, direct and cross examinations (P, then D), closing arguments
Appeals

13. Legal Resources Primary sources: actual law
U.S. and state constitutions
Federal and state statutes
Court rulings (common law)
Regulations
(continued)

14. Legal Resources (continued)
Secondary sources: scholarship
Examine, inform, or review law; legal issues and topics
Law review articles
Professional journals
American Law Institute (Restatement series)
Journal of Legal Aspects of Sport
This textbook

15. Locating Legal Resources
Lexis-Nexis database
Lexis-Nexis academic universe
Westlaw database
Sports Law Blog
For additional legal information, go to

16. Legal Citations Doe vs. XYZ Corp. 555 F .2d 777 Case name
Volume number
Name of reporter
Page number