1. Introduction to the Legal System
Jack Friery
UCSD Extension
Class 3 of 3
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2. Review the Sources of Law
Constitutions
Treaties
Statutes
Administrative Agencies
Case Law--Common Law Tradition
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3. 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
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4. 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
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5. 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
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6. 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.
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7. Classifications of Law
Substantive and Procedural Law
Public and Private Law
Civil and Criminal Law
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8. Classifications Chart
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9. 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
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10. 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
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11. 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
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12. Private Law Deals with relationships between people
Affects person-to-person relationships
Examples:
Breach of Contract
Torts
Wills and Trusts
Corporation Law
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13. 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
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14. 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
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15. How to read a case Assignment 3 – Reading a case
Part of a reported case – how do you read a published case?
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16. Final Exam
Discussion
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17. 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!
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18. Questions?
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