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United States - PowerPoint Presentation

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Uploaded On 2015-11-15

United States - PPT Presentation

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

authority court supreme legal court authority legal supreme states system united law trial secondary constitution primary appeals persuasive indiana kentucky mandatory executive

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Presentation Transcript

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