The source of US Law is from England Common LawThe common law is often referred to as the unwritten law, judge lawCommon law increases the power of judgesA statue will generally trump the common lawUS courts do legal claims and equitable claims all in one court systemLegal claims- ex. You owe me money Equitable claims- ex. Who gets the kidsEquitable matters are only decided by judges, never by a juryStare Decisis – The lower courts, or courts in general have to follow the precedent51 different legal systems in the USModern sources of lawConstitution – outlines power to branches along with restricts the powerStatutesJudge and courts make laws3 Branches of federal gov’tLegislativeExecutiveJudiciary - PrecedentConst. – Supremacy ClauseDecisionsMajority – Holding and DictionConcurringDissentingJudicial Activist – Strict ConstructionistsPeople – InitiativesTypes of LawCommon v. StatutoryFed. v. StateCivil v. CriminalPrivate v. PublicInternational v. DomesticPrecedent v. Subtractive9/30/13To sue someone you typically have to present two separate documents to the defendantCriminal, contract, tort, environmental, land use are all subject based sections of lawOur legislative does not take on difficult subjects and then lets the courts take on the difficult casesThe federal government owns the federal courts, state governments own the state courtsThe federal courts are ran by the supreme courtLawyers are made lawyers by the stateCourt SystemUS uses for more things then most countries. Public facility operated by government for dispute resolutionTrial CourtsDetermine FactsDetermine Applicable LawApply Law to facts to get decisionPlaintiff v. DefendantAppellant v. Respondent/AppelleeCivil CaseCriminal CaseProcedural Law + Substantive LawAppellate CourtsLase can appeal – writ of certiorari (2nd Appeal)No testimonyWritten briefs, transcript exhibitsOnly looks for trial ct. mistakesCan affirm, reverse, or send back for re-trialJurisdictionSubject matterPower over type of disputePersonalPower over partiesSelect proper courtsCourt systems try both civil and criminal casesCriminal- Government (State of Washington, United States) is plaintiff trying to punish someone for breaking the lawThe government can sue someone in a civil caseJudges can specialize but in smaller court systems judges typically cantAppellate courts- losers can appeal so the trial courts didn’t screw upTypical level: Trial Court – Court of Appeals – Supreme CourtThere is no testimony in the appellate courtThe Judges get the evidence, items, manuscript, and briefsAppellate courts rarely reverse a decision based on facts, they typically assume all facts are coming in trueThe burden of proof is on the plaintiffIn an appeal, the burden of error is on the appellateBeyond a reasonable doubt is not 100%, it is closer to 5%Statutes are laws enacted by Congress or by state legislaturesLocal legislatives enact laws called Ordinances, which are written laws enacted by a city or countyCompilations of statues by topic are called codes ex. Criminal codesLaws tend to not be hold truly valid until they are challenged in court and approved by the right courtLong standing laws can be overturnedThere must be a case or controversy before judicial action will be takenJudicial activist – Judge who expand law on their decisionsStrict constructionists – Judges who narrowly interpret the lawPrivate law is the body of law regulating the rights and duties that exist between private persons. Contract law is an example of private lawPublic law is the body of law concerned with public rights and obligations, such as constitutional, criminal, administrative, and international law.Procedural law – General principles and detailed rules that define the methods of administering substantive law.Substantive law – General principles and detailed rules that define legal rights and dutiesChapter 3Rule of law – Principle that decisions should be made by the application of established laws without the intervention of individual discretion.The court is where a government body administers justice by applying laws to civil controversies and criminal offenses, also the place where trials are held.Lawsuit is the same as litigationDamages is basically moneyCivil disputes are between people and criminal disputes are brought by the governmentThe court of appeals receive briefs from the original ruling. They are typically and rarely there to decide facts but instead to find a substantial error in judgment.Appealing can be expensive and unless it Is the death penalty, it can be denied.Jurisdiction is the power of a court to decide a controversy and to award appropriate relief.Concurrent jurisdiction – The power of more than one court to hear a case.Subject matter jurisdiction – The power of a court to hear and decide cases of the general type to which the subject in question belongs.Limited jurisdiction – Limitation on a court as to the types of cases it can hear and decide.General jurisdiction – Authorization of a court to hear and decide virtually any type of case occurring within the political boundaries of the geographical area in which it is located.Venue – The local place, with geographical boundaries of a larger jurisdiction, where a case is generally most appropriately tried.Motion for change of venue – Request to a judge by counsel to transfer the trial to a different geographic location within the jurisdiction of the court.Long-arm statute – A state law authorizing a court to hear cases brought against nonresidents under specified circumstances.In rem jurisdiction – The power of a court to declare rights against the world rather than solely against the named defendantsProbate Court is the court that handles wills, administration of estates, and guardianship of minors and others.Superior court is the highest state trial court with general jurisdictionDomestic Relations Court is often called family court or juvenile courtMunicipal court typically consists of municipal judges or magistrates hearing less important cases.Some states only have one appellate court, some have more.Trial de novo is a new trial that takes place as if the first trial had not occurred.Diversity of citizenship is the basis of jurisdiction in federal courts requiring that plaintiff and defendant be involved in an actual controversy, that they be citizens of different states, and that a minimum of $75,000 be sought in damages.Writ of certiorari – A