Understanding the U.S. Legal System

1. chapter1 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 • 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 • Trial 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 www.findlaw.com

16. Legal Citations