1. Sources of law
Mrs. Hill

2. Sources of Law Legislature – makes law Executive – enforces law
Judiciary – interprets law
In truth, all three branches make the law in different ways. Thus, all are sources of law.
Sources of Law
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3. Makes law through statutes
Legislature
Virginia Code: Search Warrant
§ When search warrant may issue.
Except as provided in § , search warrants, based upon complaint on oath supported by an affidavit as required in § , may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant.
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4. Administrative Agencies
From power granted by the Executive, administrative agencies make administrative law – the rules and regulations issued by administrative agencies.
Administrative Agencies
FDA – Product Labeling
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5. Makes law known as “common law” through judicial decisions or “opinions.”
Judiciary
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6. Reigning over all three branches of government is the U. S
Reigning over all three branches of government is the U.S. Constitution.
Constitution
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7. Sources of Law
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8. Enacted Law One main source of law in the US
Adopted by people or legislative bodies
Constitutions
Statutes
Regulations
Also referred to as “statutory law”

9. Common Law/Case Law Common Law – created in absence of enacted law
Case Law – included common law, but includes law created when courts apply or interpret enacted law
Created by judges writing opinions based on their decisions of cases
Common Law/Case Law

10. Jurisdiction
The extent of a court’s authority to hear and resolve specific disputes

11. Personal jurisdiction Refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).
If a court does not have personal jurisdiction over a defendant or property, then the court cannot bind the defendant to an obligation or adjudicate any rights over the property.

12. Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
For instance, bankruptcy court has the authority to only hear bankruptcy cases.
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived.

13. Personal Jurisdiction
Authority over the parties
State courts are limited to the geographic boundaries of the state OR
Matters must have some connection with the state

14. Example: New York State courts do not have authority to decide matters that take place in Ohio.
HOWEVER – New York does have jurisdiction over an Ohio resident if the resident is involved in an automobile accident in the state of New York.

15. Subject Matter Jurisdiction
Authority over the types and kinds of cases
Two (2) types of courts in both federal & state system:
1. General Jurisdiction
2. Limited Jurisdiction

16. General Jurisdiction Authority to hear any matter brought before the court (limited to state matters) (General District Court)
Limited Jurisdiction
Limited to the types and kinds of cases they can hear. (Tax Court)

17. Concurrent Jurisdiction
Exists when more than one court has the authority to deal with the same subject matter
Plaintiff may choose the court in which to file
Diversity of Citizenship – either Federal or State
Concurrent Jurisdiction

18. Federal Trials
The primary federal trial courts are the United States District Courts.
To appeal a litigant can go to one of the 13 “circuits” of the United States Court of Appeals.
After that, if further review is needed than a litigant can go to the U.S. Supreme Court.

19. Court Structure & Stare Decisis
Stare Decisis is more flexible at the higher court level
Stare Decisis is less flexible on the lower courts
Precedent at the lower court level is binding when the same issue is being addressed and the court that created the precedent acts a court of review
Court Structure & Stare Decisis

20. The lower court must either distinguish (tell the difference between) the reviewing court’s precedent or apply it as controlling authority.

21. What Stare Decisis does NOT do
Does not require a court to follow a precedent of a coequal, autonomous courts, of lower courts within the same court system, or any courts outside of the system.
What Stare Decisis does NOT do

22. The Florida Supreme Court is not bound by the decisions of other Florida courts or by those of the California Supreme Court.
The United States Court of Appeals of the First Circuit is not bound by the decisions of either the United States Court of Appeals for the Second Circuit or any United States District Court.
For Example:

23. Limitations to Stare Decisis
A court may distinguish a prior decision if it concludes that the prior decision addressed a significantly different dispute from the one now before the court.
A court’s own precedent may be indistinguishable from the dispute before the court.
The two limits help avoid rigidity in the law while maintaining consistency.
Limitations to Stare Decisis

24. Real case examples Carroll v. United States (4th Amendment)
Agnello v. United States
California v. Carney
Real case examples

25. Hierarchy of the Law

26. Hierarchy of the Law Define “hierarchy”
There is a hierarchy of authority between “enacted law” and “common law”
Generally
Constitution is highest authority
Followed by other enacted law
Then common/case law
Federal law is supreme
Hierarchy of the Law

27. Chain of Command… The US Constitution is the highest authority
Followed by Common/Case Law (Fed then State)
Followed by other Enacted Law (statutes/regulations) (Fed then State)
The US Constitution is the highest authority

28. Example:
A state passes a law declaring it illegal to burn the American Flag. The state supreme court upholds the statute.
Both the statute and the state supreme court are invalid because they conflict with the Constitution of the United States (1st Amendment)

29. Authority Anything a court may rely on when deciding a case.
There are two (2) types of authority
and two (2) roles it can play

30. Two Types of Authority Primary– The Law itself
Enacted Law
Common Law
Secondary – Non-law sources (good to locate law)
Legal Encyclopedias
American Law Reports (ALR)
Restatements
Treatises
Law review articles

31. Primary Authority – the law itself
Relationship of Law
Primary Authority – the law itself
Secondary Authority – non-law sources a court may rely on (Legal Encyclopedias, Treatises, ALR, Law Review Articles, etc.)

32. Two Roles of Authority
Mandatory – A court must rely when deciding a case
Persuasive – A court may rely on (but is not bound to)

33. Mandatory Authority Secondary authority is NEVER mandatory
Not all primary authority is mandatory
Primary authority becomes mandatory when is governs the legal issue/question before the court