U.s. Court System

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doctrine of habeas corpus

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gives citizen right to obtain a writ or written order, to be taken out of jail and brought before a judge

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Maga Carta

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conceded the freedom of the church and tradesmen, guarteed fair taxation and established rit of habeas corpus

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codification

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writing down the law in a set forth form

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seditious libel

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publishing something to stir up contempt for gornment. 1st amndmnt outlawed concept in us

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1st codification

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1641 - american colonies

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1st known bill of rights

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empower comon people english parliment 1689

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english bill of rights

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precursor to American bill of rights

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Common laws

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rights enjoyed by people as result of historical acceptance of certain conduct usages and customs approved by courts and not subject of statutes

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law

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a body of rules of action or conduct prescribed by controlling authority and having binding legal force must be obeyed and followed by citizens subject to sanctions or legal consequences to law

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when lawyers talk about law

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talking about specific type of law

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code

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series of written laws published by government with the power to enact such laws and enforce them - black law dictionary says a systematic collection compendium or reviosion of laws, rules or regulations. There are hundreds of US government codes such as US code, Federal Rules of Evidence, federal rules of Procedure

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codebook

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one volume of series of annotated codes. Each code, divided into multiple volumes. Each division contains series of sequentially numbered code sections. Each code section is annotated.

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precedence

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state decisis reliance of a lower court on the previous decisions of higher courts in similar cases

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common law according to Black law

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a body of law that distinguished from legislative through judicial decisions as distinguished from legislative enactments

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legislative enactment

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law passed by a legislature such as Congress and is also known as statutory law

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californina civil code section 22.2

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the common law of England so far as it is not repugnant to or inconsistent with the Constitution of United States or the Constitution or laws of this State is the rule of decision in all the courts of this state

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equity

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aequitas (latin) means justice or equality

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what does equity supplement

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common and statutory law when these types of law are an inadequate remedy

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remedy

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means by which a right is enforced or the violation of a right is prevented or compensated

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chancery or equity proceedings

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legal remedy using common law appeled their petitions and disputes directly to king for justice. King delegated to chancellor

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court of chancery

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referring disputs to chancellor evolved into a tribunal. which developed it's own jruisdiction called equity. equity greq into a special body of rules and disputes were heard by chancellors instead of judges or juries. chancellor made factual determinations regarding disputes in addition to developing equitable remedies for the involved parties

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how is equity and common law different

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common law - courts limited to awarding damages to plaintiffs to civil injunction. Court of chancecery could could issue an injunction to prevent or terminate injuious conduct and order specific performance

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law or legal remedy

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offeres remedies of financial compensation such as monetary settlements or jury rewards

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equity

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a judge is free to issue a remedy that will either prevent or terminate injurious conduct such as temporary restraining order preventing a spouse from committing domestic violence or preliminary or permanent injuction preventing someone from doing a particular act that will aesult in harm to a petitioner such as unauthorized entry upon private land. Usually petitioners legal remedies aren't enough to compensate them for their loss, injury or damage and immediate or irreparable harm will result to pettioner unless equitable relief is granted by judge

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equity supplements when

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judge wants greater flexibility
for common and statuatory law
when these types of law are inadequate in attachment of justice

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injuction

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restrains a party from doing something tht would cause irreparable harm if not enjoined or temporary halted

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restraining order

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the petitioner asks the court usually without a hearing to enjoin (prevent) someone from doing something that would cause harm if not halted

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specific performance

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requies the performance of a duty agreed on in a contract or other agreement.

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writs

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a writ is issued by a court to authorize actions to specific

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writ of habeous corpus

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safeguards individuals from being unlawfully taken inot custody

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writ of error

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from a higher court orders a lower court to provide records of legal proceding in order to ascertain whether the law has been erroneously applied

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writ of mandamus

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complete performance of a public official entity or court

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citable reference

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modern recognition of law of england

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declaration of Independence

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enacted July 4, 1776 aby continental congress declared the american coloniaes independent from England

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constitution

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passed 1787 signed and ratified approved by majoryity of states and became law

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bill of rights

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1st 10 amendments to constitution - ratified 1791 established as law the personal freeedoms and rights for which the colonist had fought and died

1. guarantee freedom of thought, belief, speech, press and assembly
2. grants right to keep and bear arms
3. gives homeowners right not to be forced to house soldiers during peace times
4. guarantees the right of security in one's home, peron papers and effects against unreasonable searches and seizures. requires that a probable cause for issuance of a search or arrest warrant and that the warrant particularly describe the place to be searched ant the persons or things to be siezed.
5 requires a person accussed of a crime be indicted by a grand jury, prohibits double jeopardy being tried for same crime twice, gives the right not to testify against yourself and the right to due process
6. guarantees the right of defendants in criminal cases to
-- speedy and public trial
--trial by an impartial jury in the jurisdiction where the crime occurred
--be informed of the charges against them
-- confront the witnesses against them
-- have witness required to appear in their defense
-- have the assistance of counsel in their defense
7. perseerves the right to a jury trial in common law (i.e. cilvil) cases for disputes over a certain amount then $20 now $75,000 to be tried in fed courts of us government
8. prohibits excessive bail, fines and cruel and unjust punishment
9. restricts the federal government from interpreting Constitution to deny other rights
10. grants police power to all states of the us to enact and enforce laws not prohibited by constitution

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codificatin

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writing down law in a set form

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sedtious libel

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publishing something to stir up contempt for the government. the first Amendment outlawed the concept in US

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annotated

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furnished with explanatory notes detailing the legislative history, cross references, law review articles and court decisions that have referred to cited or published case law on the particular code section.

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what did court of chancellory come to rely on

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legal principles and previous equitable decisions.

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chief distinction between equity and common law

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common law courts were limited to awarding damages to plaintiffs in civil actions whereas the Court of Chancery could issue an injunction to prevent or terminate injurious conduct and order specific performance

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legal remedy

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offers remedies of financial compensation such as monetary settlements and jury awards

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equity rewards

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judge free to issue a remedy that will either prevent or terminate injurious conduct such as a temporary restraining order , preliminary or permanent injuction

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temporary restraining order

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preventing a spouse from committng domestic violence

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preliminary or permanent injunction

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preventing someone from doing a particular act that will result in harm to a petitioner such as unauthorized entry upon private land

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when is equity available

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when petitioners legal remedies aren't enough to compensate them for their loss injury or damage and immediate or irreparable harm will result to the petitioner unless equitable relief is granted by judge

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what does equity allow a judge

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greater flexibility
suppliments common and statutory law and when these types of law are inadequate in the attachment of justice, equity is sought.

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what did us constitution establish

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3 equal branches of government
legislative, executive and judicial

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Marbury v Madison

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established unequivocally that the supreme court had the power to strike laws enacted by the federal and state governments which in it's opinion offened the constitution.

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judicial review

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power of a court to review a law, ruling or decision of an agency of the government and to interpret the laws. it also includes review by an appellate cour or a lower court ruling

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legislative branch

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empowered to make laws

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executive brach

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the president is required to carry out laws

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judicial branch

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charged with interpreting laws and resolving disputes that arise under the law

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are some states still using statutes from english common law

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yes

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judges of constitution

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granted lifetime appointments under the constitution

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english and colonial tratiion provide for what tiype of judge

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lay judges

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lay judges

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no legal education or trainng, lay judges picked up on legal terms phrases and rules of law by exposure to experience lawyers were otherwise ignorant of the law and its history. the lower court the greater the number of lay judges - in american west dominated by lay judges. lack of education and trainig, combied with the lack of formal selecion process for lay judges resulted in many ver politically biased appointments. lay judges rendered decisions that set precedure for their jurisdictions. often these deisions were contrary to state and fed constitution.

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unconstitutional

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not conforming to the righs set forth in the U S constitution. A law that's unconstitutional can't legally remain in force but must be struck down.

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constitutional

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conforming to constitution and the rights set forth

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who was leader of codification amoung stats

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California 1852

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codification

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writing of statues to state clearly the obligations, duties, and rights of citizens and the procedural rules of law, formerly addressed only in common law (i.e. court decisions and acts of legislative bodies

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what is expected of citizens in federal and states

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it is presumed that they know the law- infact citizenss living in every state have an obligation to know what the law
encourages, approves and prohibits reguardless of cultural diversity, nationality, language, education

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treatises

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scholary works explaining the codes

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administrative law

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from federal agencies created by Congress. rules and regulations written by administrative adgencies

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federal agencies

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1. interstate commerce commision
2. post office
3. patent office
4. pension office
5 general land office

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interstate commerce commission

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conduct interstate commerce

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post office

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mandating state cooperation with mail delivery

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pension office

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who receives federal pension

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patent office

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record patents for inventions

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general land office

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who is granted deeds to land

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infrastucture

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framework of public works and resources of a region such as roads and schools, finance, banking, insurance, railroads, transportation, education, radio, tv, telephone etc

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administrative agencies in states and u.s. territories

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- attorney general
- motor vehicle dpt
- franchise tax offices
-transportation
-state police
-public roads
-public waterways
-water management
-parks and rec
- education
- workers compensation or industrial relations
- housing
- equal employment and development

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fiefdom

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area of control

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3 branches of government

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legislative
executive
judicial

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executive branch

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president
administrative agencies
governor
administrative agencis
police

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judicial

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federal courts
state courts

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purpose of administrative judiciaries

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to decide conflicts between the gency and its customers, the business and citizens of the state. Such judges rarely have contempt power since they're not part f the judicial branch of government. Lawsuits to enforce their decisions and the regulations of the agencies are commonly brought in the trial courts of the state judical branch. The state and federal courts are empowered to review administrative judical deciions and decide what is to be enforced

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case law

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can refer to a legal action, judicial proceeding, cause of action, claim, contention, allegation, contest, argument or perhaps a lawsuit in law or equity

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cross-claim

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any claim filed by one party against a co-party

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counterclaim

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claim the defendant files against plaintiff - arises out of the same occurrence as main lawsuit
some states - ca rules were enacted requiring use of a cross complain - seperait complaint/pleading

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cross complaint

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seperate complaint pleading that's filed at the same time as answer some courts contiue to use word counterclaim

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counter claim also described as

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claim against insurance policy by person involved in an injury producing accident

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depublication

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when a court of last resourt approves lower appeliate court decision for publication and then later decides that decision conflicts with precedent set by court of last resourt, the state constitution or us constitution

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books in print

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list of all books currently available on line or in public library

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What does Constitution provide for judicial branch

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power of Univted States be vested in One Supreme Court and in such inferior courts as Congress may from time to time ordain and establisth. Courts can't write legislation or enfource court order. limited to interpreting laws and decideing how laws will be applied so as to follow intent of constitution

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case citation

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refers to published court opinion

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marbury v madison 1 cranch 137 (1803)

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case name Marbury v Madison
Marbury sued Madison
citation 1 cranch 137 (1803)
case found in 1 volume of reports of official cases decided by US Supremem Court - published by Clerk of cour - Mr Cranch pg 137, case decided in 1803

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district court is made up of

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courtroom facility, library, admin staff, clerks who can accept or reject pleadings and other personnel. Judge has a research attorney assigned to him or her

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Supreme Court

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9 justices appointed by president and review for competency and approved by the advice and consent of senate

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high court cases

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disposes about 5000 cases, grants hearings to few hundred cases and decides about 150 each year
publishes 112 cases annually
has power to interpret and decide how a law is applied

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writ of certiorari

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request a hearing in Supreme Court by filing this.
asks court to review decision of lower court to determine whether or not it is fair and just considering rights granted by state or federal statute or constitution

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federal question

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question of right or obligation that arises from the Constitution, acts of congress and treasties

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writ of ceriorari allows Supreme court to decide whether or not to hear any of the following - 1 of 5 ways

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- claim that federal court of appeals has entered into conflict with a decision of another federal court of appeals on an important matter

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writ of ceriorari allows Supreme court to decide whether or not to hear any of the following - 2 of 5 ways

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- claim that federal court of appeals has decided an important federal question in a way that conflicts with a decision by state court of last resort

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writ of ceriorari allows Supreme court to decide whether or not to hear any of the following - 3 of 5 ways

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- claim that federal court of appeals has so far departed from the accepted and usual course of judical proceedings or sanctioned such a departure by a lower court as to call for an exercise of Supreme Court or supervisory power

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writ of ceriorari allows Supreme court to decide whether or not to hear any of the following - 4 of 5 ways

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- claim that state court of last resort has decided an important federal question in a way that conflicts the decision of a federal court of appeals or another state court of last resort

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writ of ceriorari allows Supreme court to decide whether or not to hear any of the following - 5 of 5 ways

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- claim that state court of last resort or federal court of appeals has decided an important federa question that hasnt been but should be settle by Supreme Court.

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amicus curiae

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friends of a court - person or organizatio who is interested in the outcome of a case and wants to make opinion known to judges

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courts of appeals

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- 12 circuts
94 district courts plus 3 territorial - guam, virgin islands and northern mariana islands
- us tax court

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united states court o appeals for federal circut

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- us court of international trade
- us claims court
- us court of veterans appeals

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united states court of appeals for armed services

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army navy marine corps, air force, coast guart and courts of military review

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circit courts or us courts of appeals

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6 judges and chief judbe - selected using same process as district court chief juge who serves max ter - 7 years
presently 167 courts of appeal judges

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us court of appeals for dc (distrrict of columbia

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special appellate court - hears cases involving dc. it also given congress appellate juristiction over departments of federal government

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court of appeals for federal circuit

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1982 us court claims, us court of customs and patent appleals merged. located in dc
12 judges
hears federal claims
veteran appeals
international trade
international trade commission
board of contract appeals
patent and trademart
merit system protection
secretary of dept of agriculture
dept of commerce
dc cases concerning paten or trademark or minor fed claims

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court of appeals for armed forces

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created in 1951 to balance need to maintain military discipline with need toafford members of armed services rights similar to those of civilian defenants. courts worldwide jursdictin limited to legal scope.
court hears federal questions of law that arise from court martials w/in military judical system.
no right of hearingbefore supreme court

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certain decisions of US court of appeals for Amerd Forces are subject to review by U S Supreme Court

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- casses carrying death sentence
- cases certified for review by Judge Advocate General of armed service or by general counsel of Dpeartment of transportation acting for coastguard
- cases where accused who faces a severe sentence petitions and shows good cause for review

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court of appeals for armed forces review

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courts decisions are final and conclusive there is no further direct review of such cases provided by law

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court of apeals for armed forces - made up of

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5 judges appointed for 15 yr tems all civilians. chief judge servs 5 yrs
located dc

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what variety of legal issues in court of appeals for armed forces

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-punishment for insubordination
-punishment for a day absent without leave (AWOL)
-court-martials for crimes ranging from desertion for murder
pgovernment contracts
- legislation analysis
-reviewing command ordered punishment
- appeals
- international law
-classified matters

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district courts

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94 of them including US Territorial District Courts for Guam the virgin islands and northern mariana islands
us court of veteran appeals
us tax court
us court of federal claims
us court of international trade
social security admin
indstrial relations admin

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district courts hear what types of cases

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federal trials and bankruptcy

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district court made up of

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judge who has served longes and is't 65 years of age is designated as chief judge. chief judge has wide administrative duties as well as case load. currently 646 district court judges

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district court juristiction

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poer of court to decide matter of controversy. control over subject matter and parties, power of court to inquire into fact, apply law, make decisions and declare judgement. geographacal area of courts authority or types of cases a court may hear

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District Courts Jurisdiction in personam

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jurisdction over the person. - defendant ie person who committed crime

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district court jurisdiction of subject matter

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power of court to hear this tye of case. subject mater jursdiction of general jurisdiction over felonies and casees of high value $25,000 or more. Courts of limited jursidiction authorized to hear only misdameanors can't judge murder case since don't have jurisdiction

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district court venue

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particular country or geographical area in which a court with jurisdiction may hear and determine cases - place where case may be heard

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magistrate office

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congress created this judicial office in 1968

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magistrate office now called

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magistrate judge in 1990

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judicial conference

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congressional office that decides the number of positions needed

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who selects and appoints magistrate judges

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district court

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district court magistrates handle

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civil consent cases
federal misdemeanor trials
preliminary hearings in felony cases - deciding whether or not the defendants should be tried in the district court
pretrial motions

full time - 8 yr term
part time 4 year term magistrate judges

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courts of u s territories

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article 1 of constitution provided for courts to set up in U S territories -

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legislative courts

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us territory courts

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legislative courts preside

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both state territial and federal questions of law. congress sometimes gives these courts duties that aren't judicial in nature.

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how long are territorial judges appointed for

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10 year term

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court of veterans appeals

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1988 created to have exclusive juridiction over decision of board of veterans appeals, va admin board that review decisions as part of the department of va affairs. court located in dc has 7 judges

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what cases are heard at court of veterans appeals

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veteran and survivor benefits including disability benefits, education benefits and loans

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court of federal claims

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established in 1983 sucessor of court of claims
- tax refunds
- federal taking of property for public use
- constitutional and statutory rights of military personnel and their families
-back-pay demands from civil servants claiming unjust dismissal from employemnt
-persons claiming injury due to childhood vaccines
- federal contractors suing for breach of contract

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court of federal claims- contains

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16 judges 15 yr tterms by president with advice and consent of senate - located in dc

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tax court

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1924 congress established to decide disputs between taxpayers and irs
decisions may be reviewed by one of court of appeals and by supreme court by way of petition for a writ of certiorari.
based in washington dc but hears cases in 80 different cities
19 judges who are appointed by pres for 15 year term

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authority of u s courts

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federal courts have the power to decide cases ovver which articles I and III of constitution and specific acts of congress give them authori8ty. the cases heard in federal courts must present a federal question

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cases heard in us federal courts

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cases in which US governemnt or one of its officers is being sued
cases in which state courts may be suspected of partiality - can be betwn 2 or more states, citizens different states or dispute of land use or ownership
cases involving ambassadors consuls general and othr public ministers
cases involving intl relations - other nations or sovereigns may affect us foreign relations
cases involving law treaties and laws relating to navigable waters ie great lakes rivers oceans
cases involving interstate commerce
cases involving maritime admiralty or priz lawsuits
casees involving bankruptcy
cases involving criminal offenses against the laws of US
antitrust cases
cases involving election rigts and voting disputes
cases involving the postal service
cases involving real property in which the federal govrnment has tenancy
cases involving fed labor ldisputes
cases involving indian allotments or land grants
cases involving fed evironmental standards

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concurrent jurisdiction

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two different courts such as federal and state courts - same authority at same time over the case or class of cases

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suits between citizens of different states > 75000 in value heard in what court

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federal

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questions or common decisions in state courts that are subject to be reviewed by federal appellate courts

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-limiting freedom of speech
limiting the right to privicy
limiting the right to trial counsel silence or confrontation of witness
taking property without due process

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federal questions often heard in federal courts

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fourth amendment protection against reasonale search and seizure
5th amendment right to remain silent and not testify against oneself
failure of law enforcement to fully advise a defendant of hi or her rights before eliciting an admission or confession as required by 5th amendment
1st amendment right to freedom of speech which often arises w arrests of protestors
6th amendment right to the effective assistance of counsel
14th amendment right to due process - fair hearing

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federal questions aan also arise in civil litigation

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property disputes, family law or medical mal practice

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diplomatic immunity

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ambassadors and other diplomats when representing their nation in another country are exempt from being prosecuted for a crime or sued for civil damages

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tribal courts

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native american courts - federal courts but sometimes subject to state court jurisdiction under us public law. often over casinos burial grounds water rights etc

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treaties in tribal court

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not subject to state jurisdiction

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what are federally recognized native american tribes encouraged to do

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have self governance thru tribal constitutions organized govt and tribal courts by indian roganization act of 1934

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pueblo tribes

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oral traditional custom court not considered part of tribal system

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conservation courts

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concerned with hunting and fishing rights on native american land

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what do tribal courts have juristiction over

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citizens in so far as ther self governance allows so long as laws don't conflict with US Constitution

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public law 280

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is cited as pub l no 83-280 67 stat 588 (1953) law passed by 83rd congress 67stat 588 referes to a differenct compilation of statutes the US statutes at large

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lemon laws

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Magnuson - Moss Warranty Act - Title 15 United Sates Code, Section 2301 (15 USC $ 2301) et seq. lemon law

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et seq

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abbreviation for latin term et sequentes - and the flollowing sections or pages

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how are lemon laws researched

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make use of the state or federal uniform commercial code and civil code satutes to dermine definitions procedures and burdens of proof

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equal protection clause

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found in 14th amendment to constitution - prohibits states from denying to any person equal rights and protection under the law. this clause makes it illegal to have different laws for blacks and whites for example

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forum shopping

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means selecting a particular court amoung 2 or more that may legally handle a case that has previously made favorable rulings to the client or the type of claim that u believe will rule in ur favor

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which amendment grants states a general power of selfgovernment

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10th

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state laws include

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prevent commission of fraud and crime and generally secure the comfort, safety, health and prosperity of citizens by preserving the public order.

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state government

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Staates have created their own constituions and their own governments made up of 3 branches found in fed govt - legislative, executive, judicial.

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courts of last resort

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are appellate courts that decide appeals brought from lower courts. most common organization is to have 7 judges but 18 states have 5, 6 have 9 and both texas courts hve 9. Oklahoma has 9 memeber supreme court and 5 member court of criminal appeals

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intermediate appellate courts for state

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hear first appeal of civil and felony criminal matters have bee tried in trial courts. Must have multiple locations known as districts in the state. Those districts are often divided into divisions. Each division may have numerous judges, but most cases are decided by a 3 judge panel rather than whole court.

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tribal courts

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most commonly divided between courts of general jurisdiction and courts of limited jurisdicion

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general jurisdition

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highest trial courts
- felony cases
-juvenile cases
-domestic relations (family law)
-civil matters involving high stakes ranginf from $25,000 to millions

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limited jurisdiction

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lower trail courts
- preliminary hearings in felony cases
- misdemeanor jury trials
- infraction trials by courts
- small claims
- county and city ordinance violations

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Courts of Last resort

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hear appeals brought from lower courts. decision of court of last resort is final unless there is a federal question that can be appealed to federal court

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court of last resort

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only listens to case where writ of certiotari petitions after lower court passed decision

this court decides if it will review
if granted the matter and issues a decision
if dened litigation is ended unless federal qustion

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en banc

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whole body

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4 states where justices of court of last resort review petitions as whole body

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washington
virginia
new mexico
iowa

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staate governing bodies of judical branch of each state government

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make up own procedural rules. stems from state constitution, statutes enacted by state legislature or inherent power (part of essention nature) of judicial branch as branch of govt equal to the others

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state appellate courts

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intermediate courts - division of juristiction by
geographical region
subject matter
mandatory appeals of right
discretionary review for petition
some states don't have

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intermediate courts esstabled

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1947 - only 13 states
now 39 states
intermidate appellate court review before court of last resourt reviews

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other types of cases heard by intermediate appellate courts

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appeals of decisions of administrative courts or agences and in some states tribal

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trial courts

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divided into two jurisdicttional areas
general and limited

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courts of General Jurisdiction

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upper level trial courts. case brings new set of facts often new lawyers areguing law in different ways and judge deciding each issue as evidence and witnesses presentied until finally cased resolved by settlement or verdict

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some of names of trial courts

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superior court
family law court or family court
probate court
juvenile court
chancery court or court of chancery
tax court
district court
civil court constitutinal couty court
county courts of law
court of common pleas
supreme court
surrogates court

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substative law

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area of the law that defines right conduct

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procedural law

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governs process by which rights are determined by a court

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point

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an individual legal proposition or argument raised in a lawsuit. attorney will list the points of law that they believe apply to a case and provide citations to back up these points.
judge will decide if the points have been correctly applied to issues in case

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issue

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a single disputed matter that parties in a lawsuit wish to have decided by the court based on facts that must be proven

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courts limited juridiction

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lower courts
- muncipal court
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