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United States Legal System

United States Legal System. Three Branches of Government. Multiple Sovereignties. United States Legal System. Constitution. Sources of Law-Federal and State. United States Legal System. Constitution. Judicial. United States Legal System. Constitution. Legislative.

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United States Legal System

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  1. United States Legal System

  2. Three Branches of Government

  3. Multiple Sovereignties

  4. United States Legal System Constitution Sources of Law-Federal and State

  5. United States Legal System Constitution Judicial

  6. United States Legal System Constitution • Legislative

  7. United States Legal System Constitution Executive Executive

  8. United States Legal System Constitution Judicial Case Law

  9. United States Legal System Constitution Legislative Public Laws U.S.C. Statutes Indiana Code Acts Statutes Public Laws

  10. United States Legal System Constitution Executive Proclamations Administrative Decisions Executive Orders Rules and Regulations

  11. Primary and Secondary Authority

  12. Primary Authority • Primary authority is the law itself. • Constitutions • Statutes • Administrative regulations issued pursuant to enabling legislation • Case law

  13. Secondary Authority • Secondary Authority is all legal materials that are not primary authority or finding aids. Secondary authority includes -encyclopedias -law reviews -treatises -ALR • Secondary authority is never binding on a court.

  14. Fact & Law Court System Final Appellate Court Law Intermediate Appellate Court Trial Court

  15. Path of a Court Case • Trial Court • complaint, indictment, information • pre-trial activities • trial • decision • Intermediate Appellate Court • Briefs • Argument • Decision

  16. Path of a Court Case • Highest Court Briefs Arguments Decision

  17. Mandatory vs. Persuasive Authority

  18. MANDATORY • Authority that a court MUST follow • Typically, a higher court in the jurisdiction. Example: • All IN trial courts must follow the IN Supreme Court and the IN Court of Appeals • IN Court of Appeals must follow IN Supreme Court • On U.S. Constitutional matters only, even state courts must follow US Supreme Court

  19. US Supreme Court Mandatory Regarding Constitutional Matters Indiana Supreme Court Kentucky Supreme Court Kentucky Court of Appeals Indiana Court of Appeals Indiana Trial Court Kentucky District Court

  20. PERSUASIVE • Authority which carries some weight but is not binding or mandatory. • Can be primary or secondary authority. • Based on opinion of sister court (primary-persuasive) OR • Legal scholar (secondary- persuasive)

  21. US Supreme Court US Court of Appeals Persuasive Kentucky Supreme Court Indiana Supreme Court Indiana Court of Appeals Kentucky Court of Appeals Kentucky Trial Courts Indiana Trial Court

  22. Review • The Constitution is the supreme law of its jurisdiction and 51 major jurisdictions in the U.S. • Three branches of government in each jurisdiction - Executive, Legislative, and Judicial. Each branch produces legal materials. • Primary Authority and Secondary Authority • The court systems of the United States and of each of the states. • Mandatory and persuasive authority

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