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: 904519
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Slide1
United States
Legal System
Slide2Three Branches of Government
Slide3Multiple Sovereignties
Slide4United States Legal System
Constitution
Sources of Law-Federal and State
Slide5United States Legal System
Constitution
Judicial
Slide6United States Legal System
Constitution
Legislative
Slide7United States Legal System
Constitution
Executive
Executive
Slide8United States Legal System
Constitution
Judicial
Case Law
Slide9United States Legal System
Constitution
Legislative
Statutes
Public Laws
Public Laws
U.S.C.
Statutes
Indiana
Code
Acts
Slide10United States Legal System
Constitution
Executive
Proclamations
Administrative Decisions
Executive Orders
Rules and Regulations
Slide11Primary and Secondary Authority
Slide12Primary Authority
Primary authority
is the law itself.
Constitutions
StatutesAdministrative regulations issued pursuant to enabling legislation Case law
Slide13Secondary 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.
Slide14Court System
Final Appellate Court
Intermediate Appellate Court
Trial Court
Law
Fact & Law
Slide15Path of a Court Case
Trial Court
complaint, indictment, information
pre-trial activities
trialdecisionIntermediate Appellate CourtBriefsArgumentDecision
Slide16Path of a Court Case
Highest Court
Briefs
Arguments
Decision
Slide17Mandatory vs
.
Persuasive Authority
Slide18MANDATORY
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 Court
Slide19Mandatory
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 Matters
Slide20PERSUASIVE
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)
Slide21Persuasive
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 Appeals
Slide22Review
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