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What is law? Rights Duties Remedies. Types of Laws, etc. [Substantive vs. procedural] Civil vs. Criminal Public vs. Private International vs. Domestic.

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Presentation on theme: "What is law? Rights Duties Remedies. Types of Laws, etc. [Substantive vs. procedural] Civil vs. Criminal Public vs. Private International vs. Domestic."— Presentation transcript:

1 What is law? Rights Duties Remedies

2 Types of Laws, etc. [Substantive vs. procedural] Civil vs. Criminal Public vs. Private International vs. Domestic Statutory vs. common law Parties: plaintiff vs. defendant; appellant/petitioner vs. appellee/respondent Opinions: unanimous; majority; concurring; dissenting “Stare Decisis” (precedent) Affirmed; reversed or vacated; reversed and remanded

3 Types of Laws and General Legal Concepts I. Federal vs. state a) Federal *Statutes *Treaties *Executive Orders *Rules and regulations b) State *Statutes *Executive Orders *Ordinances *Rules and regulations

4 Chancellor’s Court King’s Court Local Courts -Kingdom- wide laws -equitable remedies Appeals; writs Appeals; writs Legal Remedies; criminal matters Common Law System

5 “Federalism” Legislature Executive (President) Judiciary Admin. Agencies createsoversees

6 U.S. Constitution Congress Municipalities Executive States Administrative agencies County Executive Administrative agencies Independent administrative agencies

7 SUPREME COURT OF THE UNITED STATES Board of Patent Appeals U.S. Court Of Appeals (Federal Circuit) U.S.Court Of Appeals (First-Eleventh Circuits and D.C. Circuit) State Court of Appeals State Supreme Court U.S. Claims Court U.S. Court Of International Trade U.S. International Trade Commission Administrative Agencies Tax Court Federal Trade Commission National Labor Relations Board U.S. District Courts Bankruptcy State Trial Courts Superior Circuit Municipal Juvenile/ Family Probate County Town

8 Small Claims Court Municipal Court Superior Court Court of Appeals – Div. I Court of Appeals- Div II Court of Appeals- Div III District Court Supreme Court

9 Jurisdiction Subject matter Personal –In personam Residents Non-residents Web sites (passive vs. interactive) –In rem –Quasi in rem

10 Exclusive Federal Jurisdiction (cases involving federal crimes, federal antitrust law, bankruptcy, patents, copyrights, trademarks, suits against the United States, some areas of admiralty law, and certain other matters specified in federal statutes) Exclusive State Jurisdiction (cases involving all matters not subject to federal jurisdiction, e.g., family law, trusts and estates) Concurrent Jurisdiction (cases involving federal questions; diversity-of-citizenship cases)

11 State Court Jurisdiction Does court have subject-matter jurisdiction? Does court have in-personam jurisdiction? Court has jurisdiction over case. Court lacks jurisdiction over case. Court has jurisdiction over case. Does court have in rem (or quasi in rem) jurisdiction? Court lacks jurisdiction over case. Yes No Yes No


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