English Common Law is the basis for many countries legal system
Stare Decisis = practice of following case precedent
The United States has a constitution and every state has their own constitution. Louisianna has re-written their's 11 times
Bill of Rights is the first 10 amendments to the constitution. These were specifically written to limit the power of the federal government and guarantee many civil rights and protections
State and Federal legislatures enact statues = Statutory Law
The Doctrine of Supremacy that federal law will prevail over state law - what is 1 example currently where this is not being followed?
Administrative Laws are created by State and Federal agency's - regulations to care out the responsibilities of government
examples - IRS; NLRB; OSHA;
Criminal Law/Criminal Courts - the body of law that identifies that behavior id criminal and stipulates the violations; Criminal Law can use the 5th amendment; Jury must be `12-0 " beyond a reasonable doubt"
Civil Law/ Civil Courts - category of law in which monetary damages are often claimed as a result of an act or failure to act by another that results in harm to persons or property
Anatomy of a Lawsuit
- Complaint
- Summons
- Answer
- Pleading
- Discovery
- interrogatories
- deposition
- summary judgement
US SUPREME COURT
Federal Appeallate courts map - 11 districts or this map Federal Appellate Court
Trial Courts
Appellate Courts (Appeals Courts)
Diversity of Jurisdiction - Power of Federal to hear a case between people of different states
Legal Resources
- Primary
- Secondary
From Law for Recreation and Sports Managers
3 primary areas of law - common, statutory, and constitutional
- Common Law = refers to cases that have been resolved by various courts. Example Turner v. Mandalay Sports Entertainment
- Constitutional Law = Examples Pregame Prayer,
- Examples of Pregame Prayer Lawsuits
- Statutory Law = Administrative Law
Writ of Certiorari - When 4 of the 9 Supreme Court Justices want to hear a case from the lower court.
What happened in the case of Savino vs Robertson, 1995 - this is an example of a brief.
A brief has been adjudicated = processed by the legal system
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