Chapter 1 Law and Legal Reasoning Sources of American Law I Sources of American Law a Primary vs Secondary Sources of Law i Primary 1 US Constitution State Constitutions 2 Statutory law 3 Regulations 4 Case Law Common Law ii Secondary 1 Legal Encyclopedias 2 Legal Treatises 3 Law Review articles 4 Compilations Restatements of the Law b Constitutional Law federal government and states have separate written constitutions that set forth the general organization powers and limits of their respective governments i United States Constitution is the Supreme Law of the Land ii 10th Amendment all powers not granted to the federal government are reserved for the states iii State Constitutions are supreme within the state s borders unless it conflicts with the US Constitution or other federal law c Statutory Law laws enacted by legislative bodies at any level of government i Federal and state codes ii Local ordinances iii Federal laws apply to all 50 states and prevails when in conflict with state law iv State laws apply only to that state and often vary from state to state 1 Uniform Laws state may adopt or reject 2 Uniform Commercial Code adopted in all 50 states DC Virgin Islands d Administrative Law rules orders and decisions of administrative agencies i Administrative Agency a federal state or local government agency established to perform a specific function ii Federal Agencies 1 Executive agencies based on cabinet departments includes FDA HHS etc 2 Independent Regulatory agencies includes SEC FCC etc iii State and Local Agencies commonly parallel federal agencies e Case Law and Common Law Doctrines the rules of law announced in court decisions II The Common Law Tradition a Early English Courts US Legal system based on early English system i Courts of Law Remedies at Law a court of law is limited to awarding payments of money or property as compensation ii Courts of Equity and Remedies at Equity Equity is a branch of unwritten law which was founded in justice and fair dealing and seeks to supply a fairer and more adequate remedy than a remedy at law can order specific performance an injunction or rescission b Legal and Equitable Remedies Today a plaintiff may request both legal and equitable remedies in the same action and trial court judges may grant either or both forms of relief c The Doctrine of Stare Decisis i Case Precedents and Case Reporters the common law system involves the application in current cases of principles applied in earlier cases with similar facts ii Stare Decisis and the Common Law Tradition the use of precedent forms the basis for the doctrine of stare decisis iii The Importance of Precedents in Judicial Decision Making A court s application of a specific principle to a certain set of facts is binding on that court and lower courts which must then apply it in future cases iv Stare Decisis and Legal Stability this doctrine permits a predictable quick and fair resolution of cases which makesthe application of law more stable v Departures from Precedent a judge may decide that a precedent is incorrect however if there may have been changes in technology business practices or society s attitudes vi When There is No Precedent judges may examine prior case law the principles and policies behind the decisions and their historical settings d Stare Decisis and Legal Reasoning i Basic Steps in Legal Reasoning Issue Rule Apply Conclude ii Forms of Legal Reasoning 1 Deductive reasoning 2 Linear reasoning 3 Reason by analogy e THERE IS NO ONE RIGHT ANSWER i The law is grey not black and white ii Answer depends on what judge and or jury is hearing the case f The Common Law Today i Courts Interpret Statutes common law governs all areas NOT covered by statutory or administrative law as well as interpretations of the application of statutes and rules ii Restatements of the Law Clarify and Illustrate the Common Law important secondary sources on which judges often rely III Schools of Jurisprudential Thought a The Natural Law School government and the legal system should reflect universal moral and ethical principles that are inherent in the nature of human life b The Positivist School there is no higher law than a nation s positive law the law created by a particular society at a particular point in time c The Historical School emphasizes legal principles that were applied in the past d Legal Realism judges are influenced by their unique individual beliefs and attitudes that the application of precedent should be tempered by each case s specific circumstances and that extra legal sources should be considered in making decisions IV Classifications of Law a Substantive vs Procedural Law i Substantive defines describes regulates and creates rights and duties ii Procedural rules for enforcing rights b Civil vs Criminal Law i Civil regulates relationships between persons and their governments and the relief available when those rights are violated 1 Plaintiff Defendant 2 Liability 3 Money or equitable remedy ii Criminal regulates relationships between individuals and society and prescribes punishment for proscribed acts 1 Government federal state or local and Defendant 2 Guilt or Innocence 3 Liberty V How to Find Primary Sources of Law a The United States Code b State Codes c Administrative Rules d State and Federal Court decisions VI Reading and Understanding Case Law a Case Titles and Terminology i Case title lists parties to lawsuit 1 Plaintiff petitioner party who initiates the proceedings 2 Defendant respondent the one who is accused of wronging the plaintiff in some way 3 Appellant the party who may have been the plaintiff or defendant originally appealing a case to a higher court 4 Appellee party who may have been the plaintiff or defendant originally against whom an appeal is taken ii v is short for versus b Decisions and Opinions courts explain their rulings in written decisions or opinions i Unanimous when all judges justices assigned to a case if there is more than one agree on a decision and the reasoning behind the decision ii Majority when there is not a unanimous decision iii Concurring a judge who agrees with the result but for different reasons than the majority iv Dissenting a judge or judges who disagree with both the result and reasoning of the majority