2. THE SOURCE OF LAW AND THE JUDICIAL SYSTEM The Structure of Our Courts

3. Source of Law: The United States Constitution Allocates powers between state and federal system. Establishes Federal Court System Allow for state constitutions to provide framework for state governments and court systems.

4. The Source of Law US Constitution Federal Gov. State Const. Structure of State Courts Structure of Federal Courts

5. Three Branches of Government Legislative Executive Judicial All exercise some law making power.

6. State and Federal Legislatures Create law by enacting statutes by way of the authority granted to them by federal and state constitutions The Legislature may delegate power to the other branches of government

7. The Executive Branch An executive agency may be statutorily authorized to issue rules and regulations. Can you think of an example? The National Labor Relations Act passed by Congress set up the National Labor Relations Board authorized to issue administrative rules and regulations necessary to enforce labor law.

8. The Judicial Branch What are two ways the Judicial Branch develops law? 1) By interpreting constitutional and statutory law and applying them to factual circumstances 2) Through the creation of judge made law arising in situations not covered by constitutional or statutory law.

9. Our Dual Court System  Jurisdiction is power to hear a case  General vs.Limited Jurisdiction  Federal Jurisdiction  Federal Question  Diversity of Citizenship

10. Federal Court Structure The federal court system is organized around a general trial court: The United States District Court. An intermediate appellate court: The United States Court of Appeals. And the final appellate court: The United States Supreme Court (Also a few specialized courts such as the United States Tax Court)

11. Federal Court Structure The Supreme Court(1) The Courts of Appeals (13) The District Courts (approx. 100 ) Court Roles Finding/ Applying facts Law making Error correction

12. Federal District Courts The United States District Courts are organized into approximately one hundred districts. Where a state has only one district, the court is referred to, for example, as the United States District Court for the District Rhode Island. Most states have more than one district court. Alabama for instance, has three; a northern, southern and middle district.

13. Federal Courts of Appeal The United States Courts of Appeals are organized into thirteen circuits. (See handout) The circuits include various combinations of states: the 5 th Circuit, for example, hears appeals from the district courts in Louisiana, Mississippi, and Texas. Alabama is in the 11 th Circuit. –

14. The U.S. Supreme Court The U. S. Supreme Court hears selected appeals from the United States Courts of Appeals. The U. S. Supreme Court does not decide questions of state law. But the U. S. Supreme Court hears appeals from the highest state courts where the state court's decision has been based upon federal law. –

15. State Court Structure The state court system has general trial court: The Circuit Court, the Superior Court, the Court of Common Pleas, or something similar. An intermediate appellate court: The Alabama Court of Civil Appeals The Alabama Court of Criminal Appeals And the final appellate court: The Alabama Supreme Court

16. Three-Tier State Court Structure The Supreme Court(1) The Courts of Appeals (1 or more) The District or Trial Courts (numerous ) Court Roles Finding/ Applying facts Law making Error correction

17. Two-Tier State Court Structure The Supreme Court(1) District or Trial Courts (numerous ) Court Roles Finding/ Applying facts Law making And Error correction

18. Specialized Courts Specialized courts might include a Small Claims Court to decide (perhaps without lawyers) disputes where the value at stake is not large, a Probate Court to adjudicate questions involving wills and inheritances, a Family Court to settle matters of support and child custody,

19. The Common Law of the States The Common law, or “case law” which has its roots in the English system varies from state to state. There are however common views on general principles. (Restatement of Torts, Contracts,etc,) Federal courts do not engage in the creation of common law but have retained case law in a few restricted areas such as procedural court rules and admiralty law.

20. Courts of Equity In England, the Court of Chancery stood in contrast to common law courts, when these later courts offered inadequate or harsh remedies at law American courts have merged the dual court system but retain some of the differences between common law claims and claims in equity.

21. Creating The Common Law State v. Blight