Presentation Transcript

1. Chapter 3:INTRODUCTION TO LAW 3
2. The Constitution Foundation for government and laws. Supreme law of the land.
3. Types of Government
4. The Three Branches of Government
5. Legislative Branch
6. Executive Branch
7. The Judicial Branch
8. What does Each Branch Do?
9. What does Each Branch Do? * I. * Requires the action of the Executive Branch
10. What does Each Branch Do? II.
11. What does Each Branch Do? III.
12. What does Each Branch Do? I. II. III.
13. Which Branch Creates Laws? Types of Laws Constitutional Law Statutory Law Administrative Law Case Law (including Common Law)
14. What is Constitutional Law? Law that comes from the constitution Created & amended by Federal and State Legislatures (Article VI) Constitution = Supreme law of the law Interpreted and by each branch of Federal and State Final interpretation: SCOTUS (Rule of Five)
15. What is Statutory Law? Law that comes from Statutes Legislature passes bills Bill becomes law if: Executive signs it into law; OR If vetoed, 2/3rds of Legislature vote to override veto
16. What is Administrative Law? Law that comes from Rules and Regulations Department or Agency is created by statute Enabling statute: Gives Department or Agency limited power to create rules and regulations.
17. What is Case Law?Law that comes from cases
18. What is Case Law?Law that comes from cases
19. What is Case Law?Law that comes from cases
20. What is Case Law?Law that comes from cases
21. QUICKLY Name four types of law and Give an example of each
22. The Parties
23. Becoming a Federal Judge Serve for life (good behavior)
24. Court Jurisdiction
25. Definition of Jurisdiction Broad legal term that means the power or authority of a court to hear and decide a dispute or controversy as well as its authority to bind parties in the action.
26. Court Jurisdiction
27. JurisdictionHear, Decide, Bind
28. JurisdictionHear, Decide, Bind
29. JurisdictionHear, Decide, Bind

30. Original and Appellate Jurisdiction

31. Original and Appellate Jurisdiction
32. Original and Appellate Jurisdiction DIFFERENCE One starts and tries cases One hears appeals Is that it?
33. Original and Appellate Jurisdiction Courts with Original Jurisdiction Must gather the facts Must make decision based on the facts and the law
34. Original and Appellate Jurisdiction Decisions in courts with Original Jurisdiction Motions: Grant or denied Trials: Civil: Liable or Not Liable Criminal: Guilty or Not Guilty
35. Original and Appellate Jurisdiction Courts with Appellate Jurisdiction Must use the facts from the trial court Issue: Did the court trial court get the law right. However…
36. Original and Appellate Jurisdiction Courts with Appellate Jurisdiction: However: Trial courts have discretion Appellate court will look to see if the judge made the decision within the bounds of law. NOT whether the appellate court agreed.
37. Original and Appellate Jurisdiction Courts with Appellate Jurisdiction: When a court makes an error in the law, the court has to determine whether that error was harmless. Harmless errors will not cause a reversal.

38. Exclusive and Concurrent Jurisdiction

39. Exclusive and Concurrent Jurisdiction
40. Types of Cases Criminal Civil Torts Divorces Breach of Contracts Real Property Family Wills, Trusts and Estate Claims against the State

41. General and Specific or Limited Jurisdiction

42. General and Specific or Limited Jurisdiction
43. Federal Court Jurisdiction “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Article III, U.S. Constitution
44. “… and in such inferior Courts as the Congress may from time to time ordain and establish.”
45. The Levels of the Federal Courts
46. United States Supreme Court Nine justices Chief Justice Circuit Justices. Nine Justices: 1 Chief Justice and 8 Associate Justices
47. Supreme Court Members CJ John Roberts, Jr. AJ Antonin Scalia AJ Anthony Kennedy AJ Clarence Thomas AJ Ruth Bader Ginsburg AJ Steven Breyer AJ Samuel Alito AJ Sonya Sotomayor AJ Elena Kagan
48. Original and Appellate Jurisdiction
49. Exclusive and Concurrent Jurisdiction
50. General and Specific or Limited Jurisdiction
51. Getting A Case Before The Supreme Court
52. How does the Supreme Court make a decision?After accepting a case...
53. United States Courts of Appeal13 Circuits 12 Geographic Jurisdiction 1 Special Jurisdiction
54. United States Courts of Appeal13 Circuits 12 Geographic Jurisdiction 1st through 11th DC Circuit Court 1 Special Jurisdiction Court of Appeals for the Federal Circuit
55. The Second Judicial Circuit An Example of a Geographic Circuit
56. The Second Judicial Circuit An Example of a Geographic Circuit All federal courts within the states of New York, Connecticut and Vermont.
57. The Second Judicial Circuit This includes the Court of Appeals for the Second Circuit District and Bankruptcy courts for the Southern District of New York, Northern District of New York, Eastern District of New York and Western District of New York, District of Connecticut and District of Vermont.
58. Court of Appeals−Second Circuit Handles APPEALS from the District and Bankruptcy courts for the Southern District of New York, Northern District of New York, Eastern District of New York and Western District of New York, District of Connecticut and District of Vermont.
59. Court of Appeals−Second CircuitJURISDICTION
60. Court of Appeals− Second CircuitDecision-making Currently there are 23 judges 13 Active Judges appointed for good behavior 10 Senior Judges At 65 years old with 15 years of service, they can become Senior Judges; their seat becomes vacant
61. Decision-Making Sit in Panels
62. Court of Appeals for the Federal Circuit United States Court of Federal Claims United States Trademark Trial and Appeal Board US Board of Appeals & Interferences of US Patent & Trademark Office United States District Courts (for patent and certain other appeals) Jurisdiction is Subject-Matter
63. Court of Appeals, Federal Circuit JURISDICTION: Appellate Original Only Court of Appeals that has Original Jurisdiction EXAMPLE: If a person does not get a patent or trademark from the PTO, after exhausting administrative appeals, they can commence an action in the Court of Appeals for the Federal Circuit
64. The District CourtsFederal Courts of Original Jurisdiction 94 District Courts with a total of 646 District Court Judges 89 Geographic District Courts 1 DC District Court 1 Commonwealth of Puerto Rico District Court 1 Guam District Court 1 U.S. Virgin Islands 1 Northern Mariana Islands
65. Federal Question In general, federal courts may decide cases that involve the United States government, the United States Constitution or federal laws, or controversies between states or between the United States and foreign governments. A case that raises such a “federal question” may be filed in federal court.
66. Federal Question EXAMPLE a claim by an individual for entitlement to money under a federal government program such as Social Security, a claim by the government that someone has violated federal laws, or a challenge to actions taken by a federal agency.

67. QUICK REVIEW OF FEDERAL COURTS

68. CONCEPT Three levels of court Case start in a court with original jurisdiction May be appealed to the next level up First appeal usually as of right Appeal to highest court you need permission
69. FEDERAL COURTS Three levels of court US District Court US Court of Appeals US Supreme Court
70. FEDERAL COURTS Case start in a court with original jurisdiction Usually that is the US District Court BUT it came also be: US Court of Appeals for Patents and Trademark cases US Supreme Court for State v State
71. FEDERAL COURTS May be appealed to the next level up If party loses in US District Court, they can appeal to the US Court of Appeals If a party loses in the US Court of Appeals, they can appeal to the US Supreme Court If a party loses in the US Supreme Court they cannot appeal
72. FEDERAL COURTS Appeal to highest court you need permission To appeal to the US Supreme Court, you need cert (votes 4 of 9 justices).
73. Federal versus State Courts Federal Courts deal with Federal Questions Most are state cases E.g., divorce and child custody matters, Federal jurisdiction is rarely available in: probate and inheritance issues, real estate questions, and juvenile matters

74. New York Court System

75. Three Levels in New York
76. New York Courts
77. Court of Appeals Highest court. Final Interpreter of the New York State Constitution In Albany Appellate Jurisdiction only. 7 judges — 1 Chief Judge, 6 associate judges. Appointed by Governor subject to Senate ratification 14 year terms.
78. Getting a Case Before The Court of Appeals Both Criminal and Civil Cases can be appealed from the Intermediate Appeals Court In Civil Litigation I & II you will learn all about civil cases. Here we will learn about the other cases (Criminal)
79. Getting a Criminal Case Before The Court of Appeals
80. New YorkAppellate Division and Appellate Term
81. New York is Divided into 4 Geographic Departments 3d Department 4th Department 2d Department 1st Department
82. New York is Divided into 4 Geographic Departments First Department (New York and Bronx counties) Second Department (Queens, Kings, Richmond, Nassau, Suffolk, Dutchess, Orange, Putnam, Rockland, and Westchester Counties). Third Department in Albany Fourth Department in Rochester
83. The Justices They are elected to the Supreme Court in a County and the Governor appoints them to the AD.
84. Decision-MakingPANELS
85. Appellate Division Jurisdiction
86. Appellate Term Appellate court allowed for by law and serving at the pleasure of the AD. Only the 1st and 2nd Departments have them Composed of justices of the Supreme Court chosen by the Chief Administrator of the Courts with approval of the presiding justice of the Appellate Division. Panels They sit in panels of 3; Two needed for decision
87. New York Supreme Court and other Trial Courts
88. The Supreme Court A single court with statewide jurisdiction with a branch in each county (62). Justices are elected for 14 year terms In many counties, divided into areas of law: Criminal Term Civil Term
89. Supreme Court Jurisdiction It can hear all cases in the state except actions against the state (belongs to the Court of Claims). CONCURRENT. It has concurrent jurisdiction with most other trial courts EXCLUSIVE. It has exclusive jurisdiction over matters dealing with the termination of marriage.
90. Typical Case in the Supreme Court Criminal felony case of murder, burglary, grand larceny, and/or rape. Civil case where plaintiff sues defendant for $100,000 for a car accident. Divorce case on the ground of abandonment.
91. Surrogates Court In each county. Judge is called a Surrogate. Handles all matters concerning Decedents’ estates (e.g., Probate of will). Adoptions. Elected: They serve terms of 14 years in NYC; 10 years elsewhere
92. Family Court
93. Family Court Typical Case A nine year old is charged with murder in the second degree A mother claims that her ex-lover is the father of her newborn. A 14 year old refuses to go to school.
94. Court of Claims EXCLUSIVE JURISDICTION. Claims against the State. Judges of the Court of Claims have the sole responsibility for hearing claims brought against the state of New York or certain state agencies. APPOINTMENT: Judges are appointed by the Gov. with the advise and consent of the Senate. 9 year terms.
95. Court of Claims Typical Case A person sues New York for injuries suffered when she slipped on a wet floor in the governor’s office.
96. NYC Civil Court Petty suits (up to $25,000). CIVIL COURT Under $25,000 Small Claims & Housing.
97. NYC Criminal Court Misdemeanors AND Petty offenses (up to 1 year in prison) CRIMINAL COURT Petty offenses (up to 15 days in prison) Misdemeanors (up to one year in prison)