Legal System Three Branches of Government Multiple Sovereignties United States Legal System Constitution Sources of LawFederal and State United States Legal System Constitution Judicial United States Legal System ID: 194691
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Slide1
United States
Legal SystemSlide2
Three Branches of GovernmentSlide3
Multiple SovereigntiesSlide4
United States Legal System
Constitution
Sources of Law-Federal and StateSlide5
United States Legal System
Constitution
JudicialSlide6
United States Legal System
Constitution
LegislativeSlide7
United States Legal System
Constitution
Executive
ExecutiveSlide8
United States Legal System
Constitution
Judicial
Case LawSlide9
United States Legal System
Constitution
Legislative
Statutes
Public Laws
Public Laws
U.S.C.
Statutes
Indiana
Code
ActsSlide10
United States Legal System
Constitution
Executive
Proclamations
Administrative Decisions
Executive Orders
Rules and RegulationsSlide11
Primary and Secondary AuthoritySlide12
Primary Authority
Primary authority
is the law itself.
Constitutions
StatutesAdministrative regulations issued pursuant to enabling legislation Case lawSlide13
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.Slide14
Court System
Final Appellate Court
Intermediate Appellate Court
Trial Court
Law
Fact & LawSlide15
Path of a Court Case
Trial Court
complaint, indictment, information
pre-trial activities
trialdecisionIntermediate Appellate CourtBriefsArgumentDecisionSlide16
Path of a Court Case
Highest Court
Briefs
Arguments
DecisionSlide17
Mandatory vs
.
Persuasive AuthoritySlide18
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 CourtSlide19
Mandatory
Indiana
Supreme Court
Indiana Court
of Appeals
Kentucky
Supreme Court
Kentucky
Court of Appeals
Kentucky District
Court
Indiana Trial Court
US Supreme Court
Regarding Constitutional MattersSlide20
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)Slide21
Persuasive
Kentucky Supreme Court
Kentucky Court of Appeals
Indiana Supreme Court
Indiana Court of Appeals
Indiana Trial Court
Kentucky Trial Courts
US Supreme Court
US Court of AppealsSlide22
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 AuthorityThe court systems of the United States and of each of the states.Mandatory and persuasive authority