10 Federal _ oversimplified – United States Court of Claims, administrative agencies – Court of Appeals s – 13 Circuit, numbered 1-11, DC Circuit and Federal Circuit. – U.S. District Courts – more than 90 federal counties in the United States and territories, some states have only one – Connecticut, some have more – NY – 4 states three-tier systems. Courts of First Instance – below. State-wide network of courts of first instance. They can be divided by cities, counties or districts – criminal, civil, family, juvenile jurisdiction. Call level – most have one, others don`t. VA has not had an interlocutory appeals court until today And now even its jurisdiction is limited, some appeals have to go directly to the VA Supreme Court. Supreme state line at the top – in most cases, a state`s Supreme Court is the final say on a state law issue. In rare cases, a case may be transferred from a state support court to the U.S.

Court of Support. Typically, this occurs when the state has reviewed an aspect of federal law, including the U.S. Constitution. 5 Common law and civil law systemsThe American system is a common law system, meaning that it relies heavily on (precedent) case law to define the law and resolve disputes. Civil law systems rely less on precedent than on codes that provide specific rules for the resolution of many disputes. Previous court decisions in these systems are not binding or even relevant to subsequent decisions. It is found in many European and Latin American countries as well as Louisiana. 5 14 Law School Basics – Precedent Black`s Law Dictionary 1059 (5th ed. A case or decision of a court that is considered an example or authority for an identical or similar case or question of law arising later. Courts attempt to decide cases on the basis of principles established in previous cases. Previous cases that are similar in fact or in law to the present case are referred to as precedents.

Types of Courts U.S. Government. Quality  For a case to be heard in our legal system, the plaintiff must have the right to bring an action  That means. Introduction to Legal Proceedings in the United States (1) Sources of Law (2) Judicial System (3) Alan R. Palmiter Litigation – 1. January Introduction to the American Legal SystemWhere Law Comes from: The Three Branches of Government and Their Role in Legislation The Courts: An Introduction to Federal and State Systems and Common Law Case Law and Precedent: Who Is Related and Why? 8 Fundamentals of Law School – JurisdictionTwo definitions A legal system in a specific geographic area (e.g. state, county, federal, etc.) The power of a court to hear certain issues. For example – patent claims – Federal Supreme Court Ex.

– petition for divorce – state court (note – there may be concurrent jurisdiction) 4 Fundamental Principles of Law School – What is common law? A system? Some kind of law? BOTH 4 7 Back to the judicial systemNo uniform system Federal system State system Who hears what type of cases? Concept of «jurisdiction». Art. 16 Interlocutory appeal w Panel of three judges w Review of case files w Oral arguments by counsel No new evidence Detailed written pleadings Finding of miscarriage of justice 13 Importance of considering the level of the court when considering a caseBetter understanding of why certain issues are discussed (or not discussed) Crucial in determining the type of precedent created by the case Is the conduct of the case for others Binding or convincing tribunals? © 2011 | South-West Cengage Learning Objectives LESSON 1.1 LAW, JUSTICE AND ETHICS Recognizing the difference between law and justice Applying ethics to staff. 17 What does it mean to follow a «precedent»? EXAMPLE The Virginia Court of Appeals concludes that if a child kicks another child`s shin during silent reading, it is concluded that the kicker intended harmful physical contact. New case: VA Circuit Court – A child hits and injures another child in the primary school canteen during lunch. What is the result? Questions: Is the VA Supreme Court bound by the Court of Appeal`s decision? What about the District Court in Fulton County, Georgia? 18 State Supreme Court Constitutional law Federal issues w Supreme Court of the United States Federal affairs Mandatory appeal Certorari 13 Court of First Instance w Finding of facts Physical evidence Preparation of a file w Judgments of the Court w First order 8 Judicial systems w State Trial Court Interlocutory appeal Final appeal w Federal and regional affairs 21 Legal reasoning w Analogue w Deductive w Objective of Interpretation 29c Distinguishing Between Federal, State and Concurrent Jurisdiction and Explaining How State and Federal Courts Relate to Each Other Rose Evans 23/04/08 5.